II 

108TH CONGRESS 

1ST SESSION S. 266

To provide for the access and handling by personnel of State and local 

governments of classified information to facilitate preparation and response to terrorist attacks, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 30, 2003

Mr. EDWARDS (for himself and Mr. SCHUMER) introduced the following bill; 

which was read twice and referred to the Select Committee on Intelligence 

A BILL

To provide for the access and handling by personnel of 

State and local governments of classified information 

to facilitate preparation and response to terrorist attacks, 

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Antiterrorism Intel5 ligence Distribution Act of 2003’’. 
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1 SEC. 2. ACCESS AND HANDLING OF CLASSIFIED INFORMA2 TION BY STATE AND LOCAL GOVERNMENT 

3 PERSONNEL FOR PREPARATION AND RE4 SPONSE TO TERRORIST ATTACK. 

5 (a) PURPOSE.—The purpose of this section, and the 

6 amendments made by this section, is to ensure that suffi7 cient numbers of appropriate personnel of State and local 

8 governments, including personnel of law enforcement, res9 cue, fire, health, and other first responder agencies, re10 ceive security clearances for access to classified informa11 tion of the Federal Government, and training in the han12 dling of such information, in order to facilitate the use 

13 of such information by such personnel for the preparation 

14 for and response to terrorist attack. 

15 (b) RESPONSIBILITIES OF OFFICE FOR STATE AND

16 LOCAL GOVERNMENT COORDINATION OF DEPARTMENT

17 OF HOMELAND SECURITY.—Section 801 of the Depart18 ment of Homeland Security Act (Public Law 107–296) is 

19 amended—

20 (1) in subsection (b)—

21 (A) in paragraph (3), by striking ‘‘and’’ at 

22 the end; 

23 (B) in paragraph (4), by striking the pe24 riod at the end and inserting ‘‘; and’’; and 

25 (C) by adding at the end the following new 

26 paragraph: 
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1 ‘‘(5) in consultation with the chief executive of2 ficer of each State, identify appropriate officials of 

3 such State, and of the political subdivisions of such 

4 State, whose performance of functions within the 

5 government of such State or political subdivision 

6 with respect to the health and safety of the citizens 

7 of such State and political subdivision will require 

8 the access of such officials to classified informa9 tion.’’; and 

10 (2) by adding at the end the following new sub11 sections: 

12 ‘‘(c) IDENTIFICATION OF STATE AND LOCAL OFFI13 CIALS.—In identifying State and local officials under sub14 section (b)(5), the Office shall ensure each of the fol15 lowing: 

16 ‘‘(1) Adequate representation among personnel 

17 identified of personnel of law enforcement, rescue, 

18 fire, health, and other first responder agencies. 

19 ‘‘(2) Adequate representation among personnel 

20 identified of personnel located in the major popu21 lation center or centers of each State. 

22 ‘‘(3) Adequate representation among personnel 

23 identified of personnel in each of the major geo24 graphic regions of each State. 
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1 ‘‘(d) STATE DEFINED.—In this section, the term 

2 ‘State’ means the several States and the District of Co3 lumbia.’’. 

4 (c) RESPONSIBILITIES OF DIRECTOR OF CENTRAL

5 INTELLIGENCE.—Section 103(a)(1) of the National Secu6 rity Act of 1947 (50 U.S.C. 403–3(a)(1)) is amended—

7 (1) in subparagraph (C), by striking ‘‘and’’ at 

8 the end; 

9 (2) in subparagraph (D), by striking the period 

10 at the end and inserting ‘‘; and’’; and 

11 (3) by adding at the end the following new sub12 paragraph: 

13 ‘‘(E) where appropriate, to officials of State 

14 and local governments who are designated by the 

15 Secretary of Homeland Security from among such 

16 officials identified by the Office for State and Local 

17 Government Coordination of the Department of 

18 Homeland Security under section 801(a)(5) of the 

19 Department of Homeland Security Act (Public Law 

20 107–296).’’. 

21 (d) RESPONSIBILITIES OF SECRETARY OF HOME22 LAND SECURITY.—(1) Not later than 180 days after the 

23 date of the enactment of this Act, the Secretary of Home24 land Security shall ensure that officials of State and local 

25 governments who are identified by the Office for State and 
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1 Local Government Coordination of the Department of 

2 Homeland Security under section 801(a)(5) of the Depart3 ment of Homeland Security Act, as added by subsection 

4 (b), and designated by the Secretary for purposes of sec5 tion 103(a)(1)(E) of the National Security Act of 1947, 

6 as added by subsection (c), have received the security 

7 clearances required to permit such officials who qualify for 

8 security clearances to have access to national intelligence 

9 under section 103(a)(1) of the National Security Act of 

10 1947. 

11 (2) The Secretary shall ensure that each official who 

12 receives a security clearance under paragraph (1) receives 

13 appropriate training in the proper receipt and handling 

14 of classified information of the Federal Government. 

15 (3) Not later than 180 days after the date of the en16 actment of this Act, the Secretary shall provide for appro17 priate technology and facilities to ensure the prompt, effi18 cient, and secure transmittal, receipt, and storage of clas19 sified information of the Federal Government by officials 

20 of State and local governments who are designated to re21 ceive national intelligence under section 103(a)(1)(E) of 

22 the National Security Act of 1947, as added by subsection 

23 (c). 
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1 (4) The Secretary shall carry out this subsection in 

2 consultation with the Director of Central Intelligence and 

3 the Director of the Federal Bureau of Investigation.

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