Department of Homeland Security Data Framework Act of 2018

[115th Congress Public Law 331]
[From the U.S. Government Publishing Office]

[[Page 4483]]

       DEPARTMENT OF HOMELAND SECURITY DATA FRAMEWORK ACT OF 2018

[[Page 132 STAT. 4484]]

Public Law 115-331
115th Congress

                                 An Act

    To direct the Secretary of Homeland Security to establish a data
framework to provide access for appropriate personnel to law enforcement
         and other information of the Department, and for other
            purposes. <<NOTE: Dec. 19, 2018 -  [H.R. 2454]>>

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Department of
Homeland Security Data Framework Act of 2018. 6 USC 101 note.>>
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Homeland Security Data
Framework Act of 2018''.
SEC. 2. <<NOTE: 6 USC 126.>>  DEPARTMENT OF HOMELAND SECURITY DATA
                    FRAMEWORK.

    (a) In General.--
            (1) Development.--The Secretary of Homeland Security shall
        develop a data framework to integrate existing Department of
        Homeland Security datasets and systems, as appropriate, for
        access by authorized personnel in a manner consistent with
        relevant legal authorities and privacy, civil rights, and civil
        liberties policies and protections.
            (2) Requirements.--In developing the framework required
        under paragraph (1), the Secretary of Homeland Security shall
        ensure, in accordance with all applicable statutory and
        regulatory requirements, the following information is included:
                    (A) All information acquired, held, or obtained by
                an office or component of the Department of Homeland
                Security that falls within the scope of the information
                sharing environment, including homeland security
                information, terrorism information, weapons of mass
                destruction information, and national intelligence.
                    (B) Any information or intelligence relevant to
                priority mission needs and capability requirements of
                the homeland security enterprise, as determined
                appropriate by the Secretary.

    (b) Data Framework Access.--
            (1) <<NOTE: Determination.>>  In general.--The Secretary of
        Homeland Security shall ensure that the data framework required
        under this section is accessible to employees of the Department
        of Homeland Security who the Secretary determines--
                    (A) have an appropriate security clearance;
                    (B) are assigned to perform a function that requires
                access to information in such framework; and
                    (C) are trained in applicable standards for
                safeguarding and using such information.
            (2) Guidance.--The Secretary of Homeland Security shall--

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                    (A) issue guidance for Department of Homeland
                Security employees authorized to access and contribute
                to the data framework pursuant to paragraph (1); and
                    (B) ensure that such guidance enforces a duty to
                share between offices and components of the Department
                when accessing or contributing to such framework for
                mission needs.
            (3) <<NOTE: Standards.>>  Efficiency.--The Secretary of
        Homeland Security shall promulgate data standards and instruct
        components of the Department of Homeland Security to make
        available information through the data framework required under
        this section in a machine-readable standard format, to the
        greatest extent practicable.

    (c) <<NOTE: Determination.>>  Exclusion of Information.--The
Secretary of Homeland Security may exclude information from the data
framework required under this section if the Secretary determines
inclusion of such information may--
            (1) jeopardize the protection of sources, methods, or
        activities;
            (2) compromise a criminal or national security
        investigation;
            (3) be inconsistent with other Federal laws or regulations;
        or
            (4) be duplicative or not serve an operational purpose if
        included in such framework.

    (d) Safeguards.--The Secretary of Homeland Security shall
incorporate into the data framework required under this section systems
capabilities for auditing and ensuring the security of information
included in such framework. Such capabilities shall include the
following:
            (1) Mechanisms for identifying insider threats.
            (2) Mechanisms for identifying security risks.
            (3) Safeguards for privacy, civil rights, and civil
        liberties.

    (e) Deadline for Implementation.--Not later than 2 years after the
date of enactment of this Act, the Secretary of Homeland Security shall
ensure the data framework required under this section has the ability to
include appropriate information in existence within the Department of
Homeland Security to meet the critical mission operations of the
Department of Homeland Security.
    (f) Notice to Congress.--
            (1) Status updates.--The Secretary of Homeland Security
        shall submit to the appropriate congressional committees regular
        updates on the status of the data framework until the framework
        is fully operational.
            (2) <<NOTE: Deadline.>>  Operational notification.--Not
        later than 60 days after the date on which the data framework
        required under this section is fully operational, the Secretary
        of Homeland Security shall provide notice to the appropriate
        congressional committees that the data framework is fully
        operational.
            (3) <<NOTE: Briefing.>>  Value added.--The Secretary of
        Homeland Security shall annually brief Congress on component use
        of the data framework required under this section to support
        operations that disrupt terrorist activities and incidents in
        the homeland.

    (g) Definitions.--In this section:

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            (1) Appropriate congressional committee; homeland.--The
        terms ``appropriate congressional committee'' and ``homeland''
        have the meaning given those terms in section 2 of the Homeland
        Security Act of 2002 (6 U.S.C. 101).
            (2) Homeland security information.--The term ``homeland
        security information'' has the meaning given such term in
        section 892 of the Homeland Security Act of 2002 (6 U.S.C. 482).
            (3) National intelligence.--The term ``national
        intelligence'' has the meaning given such term in section 3(5)
        of the National Security Act of 1947 (50 U.S.C. 3003(5)).
            (4) Terrorism information.--The term ``terrorism
        information'' has the meaning given such term in section 1016 of
        the Intelligence Reform and Terrorism Prevention Act of 2004 (6
        U.S.C. 485).

    Approved December 19, 2018.

LEGISLATIVE HISTORY--H.R. 2454 (S. 2397):
---------------------------------------------------------------------------

SENATE REPORTS: No. 115-380 (Comm. on Homeland Security and Governmental
Affairs) accompanying S. 2397.
CONGRESSIONAL RECORD:
                                                        Vol. 163 (2017):
                                    Sept. 12, considered and passed
                                        House.
                                                        Vol. 164 (2018):
                                    Dec. 6, considered and passed
                                        Senate, amended.
                                    Dec. 12, House concurred in Senate
                                        amendment.

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