II 

109TH CONGRESS 

1ST SESSION S. 888 

To direct the Department of Homeland Security to provide guidance and 

training to State and local governments relating to sensitive homeland 

security information, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 21, 2005 

Mr. SALAZAR introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To direct the Department of Homeland Security to provide 

guidance and training to State and local governments 

relating to sensitive homeland security information, 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 ‘‘Homeland Security 

5 Information Guidance and Training Act of 2005’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 
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1 (1) there are few uniform standards for State 

2 and local government agencies to handle sensitive 

3 homeland security information; 

4 (2) there are detailed procedures for handling 

5 classified documents created by the Federal Govern6 ment, but there is little guidance for how to make 

7 decisions relating to the management of information 

8 from non-Federal sources, including locally gen9 erated homeland security plans, State-level grants, 

10 and intelligence gathered by local law enforcement 

11 agencies; 

12 (3) State and local government officials have— 

13 (A) a wide variety of approaches for han14 dling such information; 

15 (B) wasted precious resources battling over 

16 what information to make public and what in17 formation to keep secret; and 

18 (C) established a wide array of procedures 

19 for sharing sensitive information among emer20 gency management personnel; and 

21 (4) the current system is inefficient and has not 

22 ensured the adequate balance between protecting 

23 sensitive information and ensuring that public offi24 cials and the public have the information needed to 

25 keep the Nation safe. 
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1 SEC. 3. GUIDANCE FOR BEST PRACTICES RELATING TO 

2 SENSITIVE INFORMATION. 

3 (a) IN GENERAL.—Consistent with section 201(d) of 

4 the Homeland Security Act of 2002 (6 U.S.C. 121(d)), 

5 the Under Secretary of Homeland Security for Informa6 tion Analysis and Infrastructure Protection shall establish 

7 best practices for State and local governments to assist 

8 State and local governments in making determinations 

9 on— 

10 (1) the types of sensitive non-Federal homeland 

11 security information (including locally generated 

12 homeland security plans, State-level grants, and in13 telligence gathered by local law enforcement infor14 mation agencies) that— 

15 (A) should be made available to the public; 

16 or 

17 (B) should be treated as information which 

18 should not be made available to the public; and 

19 (2) how to use and share sensitive homeland se20 curity information among State and local emergency 

21 management personnel. 

22 (b) EFFECT ON STATE AND LOCAL GOVERN23 MENTS.—Nothing under subsection (a) shall be construed 

24 to— 
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1 (1) require any State or local government to 

2 comply with any best practice established under that 

3 subsection; or 

4 (2) preempt any State or local law. 

5 SEC. 4. TRAINING. 

6 The Director of the Office for Domestic Preparedness 

7 shall— 

8 (1) establish a training curriculum based on the 

9 best practices established under section 3; and 

10 (2) provide training to State and local govern11 ments using that curriculum. 

12 SEC. 5. GUIDANCE ON GRANT INFORMATION. 

13 Not later than 180 days after the date of enactment 

14 of this Act, the Secretary of Homeland Security shall pub15 lish in the Federal Register detailed instructions for State 

16 and local governments on the management of information 

17 relating to homeland security grants administered by the 

18 Department of Homeland Security. 

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