IB
107TH CONGRESS
2D SESSION
H. R. 4598
[Report No. 107–534, Part I]
To provide for the sharing of homeland security information by Federal
intelligence and law enforcement agencies with State and local entities.
IN THE HOUSE OF REPRESENTATIVES
APRIL 25, 2002
Mr. CHAMBLISS (for himself, Ms. HARMAN, Mr. GOSS, Ms. PELOSI, Mr. SEN-
SENBRENNER, Mr. SMITH of Texas, Mr. BISHOP, Mr. CONDIT, Mr.
HOEKSTRA, Mr. ROEMER, Mr. BURR of North Carolina, Mr. REYES, Mr.
BEREUTER, Mr. BOSWELL, Mr. PETERSON of Minnesota, Mr. CRAMER,
Mr. HASTINGS of Florida, Mr. ROGERS of Michigan, Mr. FRANK, Mr.
BARR of Georgia, Mr. FROST, Mr. SULLIVAN, Mr. BALDACCI, Mr. SES-
SIONS, Mr. DEUTSCH, Mr. TIERNEY, and Ms. HART) introduced the fol-
lowing bill; which was referred to the Committee on Intelligence (Perma-
nent Select), and in addition to the Committee on the Judiciary, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
JUNE 25, 2002
Reported from the Committee on the Judiciary with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on April 25, 2002]
A BILL
To provide for the sharing of homeland security information
by Federal intelligence and law enforcement agencies
with State and local entities.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Homeland Security In-
formation Sharing Act’’.
SEC. 2. FINDINGS AND SENSE OF CONGRESS.
(a) FINDINGS.—The Congress finds the following:
(1) The Federal Government is required by the
Constitution to provide for the common defense, which
includes terrorist attack.
(2) The Federal Government relies on State and
local personnel to protect against terrorist attack.
(3) The Federal Government collects, creates,
manages, and protects classified and sensitive but un-
classified information to enhance homeland security.
(4) Some homeland security information is need-
ed by the State and local personnel to prevent and
prepare for terrorist attack.
(5) The needs of State and local personnel to
have access to relevant homeland security information
to combat terrorism must be reconciled with the need
to preserve the protected status of such information
and to protect the sources and methods used to ac-
quire such information.
(6) Granting security clearances to certain State
and local personnel is one way to facilitate the shar-
ing of information regarding specific terrorist threats
among Federal, State, and local levels of government.
(7) Methods exist to declassify, redact, or other-
wise adapt classified information so it may be shared
with State and local personnel without the need for
granting additional security clearances.
(8) State and local personnel have capabilities
and opportunities to gather information on suspicious
activities and terrorist threats not possessed by Fed-
eral agencies.
(9) The Federal Government and State and local
governments and agencies in other jurisdictions may
benefit from such information.
(10) Federal, State, and local governments and
intelligence, law enforcement, and other emergency
preparation and response agencies must act in part-
nership to maximize the benefits of information gath-
ering and analysis to prevent and respond to terrorist
attacks.
(11) Information systems, including the National
Law Enforcement Telecommunications System and
the Terrorist Threat Warning System, have been es-
tablished for rapid sharing of classified and sensitive
but unclassified information among Federal, State,
and local entities.
(12) Increased efforts to share homeland security
information should avoid duplicating existing infor-
mation systems.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that Federal, State, and local entities should share home-
land security information to the maximum extent prac-
ticable, with special emphasis on hard-to-reach urban and
rural communities.
SEC. 3. FACILITATING HOMELAND SECURITY INFORMATION
SHARING PROCEDURES.
(a) PRESIDENTIAL PROCEDURES FOR DETERMINING
EXTENT OF SHARING OF HOMELAND SECURITY INFORMA-
TION.—
(1) The President shall prescribe procedures
under which relevant Federal agencies determine—
(A) whether, how, and to what extent home-
land security information may be shared with
appropriate State and local personnel, and with
which such personnel it may be shared;
(B) how to identify and safeguard home-
land security information that is sensitive but
unclassified; and
(C) to the extent such information is in
classified form, whether, how, and to what extent
to remove classified information, as appropriate,
and with which such personnel it may be shared
after such information is removed.
(2) The President shall ensure that such proce-
dures apply to all agencies of the Federal Govern-
ment.
(3) Such procedures shall not change the sub-
stantive requirements for the classification and safe-
guarding of classified information.
(4) Such procedures shall not change the require-
ments and authorities to protect sources and methods.
(b) PROCEDURES FOR SHARING OF HOMELAND SECU-
RITY INFORMATION.—
(1) Under procedures prescribed by the Presi-
dent, all appropriate agencies, including the intel-
ligence community, shall, through information shar-
ing systems, share homeland security information
with appropriate State and local personnel to the ex-
tent such information may be shared, as determined
in accordance with subsection (a), together with as-
sessments of the credibility of such information.
(2) Each information sharing system through
which information is shared under paragraph (1)
shall—
(A) have the capability to transmit unclas-
sified or classified information, though the proce-
dures and recipients for each capability may dif-
fer;
(B) have the capability to restrict delivery
of information to specified subgroups by geo-
graphic location, type of organization, position
of a recipient within an organization, or a re-
cipient’s need to know such information;
(C) be configured to allow the efficient and
effective sharing of information; and
(D) be accessible to appropriate State and
local personnel.
(3) The procedures prescribed under paragraph
(1) shall establish conditions on the use of informa-
tion shared under paragraph (1)—
(A) to limit the redissemination of such in-
formation to ensure that such information is not
used for an unauthorized purpose;
(B) to ensure the security and confiden-
tiality of such information;
(C) to protect the constitutional and statu-
tory rights of any individuals who are subjects
of such information; and
(D) to provide data integrity through the
timely removal and destruction of obsolete or er-
roneous names and information.
(4) The procedures prescribed under paragraph
(1) shall ensure, to the greatest extent practicable,
that the information sharing system through which
information is shared under such paragraph include
existing information sharing systems, including, but
not limited to, the National Law Enforcement Tele-
communications System, the Regional Information
Sharing System, and the Terrorist Threat Warning
System of the Federal Bureau of Investigation.
(5) Each appropriate Federal agency, as deter-
mined by the President, shall have access to each in-
formation sharing system through which information
is shared under paragraph (1), and shall therefore
have access to all information, as appropriate, shared
under such paragraph.
(6) The procedures prescribed under paragraph
(1) shall ensure that appropriate State and local per-
sonnel are authorized to use such information sharing
systems—
(A) to access information shared with such
personnel; and
(B) to share, with others who have access to
such information sharing systems, the homeland
security information of their own jurisdictions,
which shall be marked appropriately as per-
taining to potential terrorist activity.
(7) Under procedures prescribed jointly by the
Director of Central Intelligence and the Attorney Gen-
eral, each appropriate Federal agency, as determined
by the President, shall review and assess the informa-
tion shared under paragraph (6) and integrate such
information with existing intelligence.
(c) SHARING OF CLASSIFIED INFORMATION AND SEN-
SITIVE BUT UNCLASSIFIED INFORMATION WITH STATE AND
LOCAL PERSONNEL.—
(1) The President shall prescribe procedures
under which Federal agencies may, to the extent the
President considers necessary, share with appropriate
State and local personnel homeland security informa-
tion that remains classified or otherwise protected
after the determinations prescribed under the proce-
dures set forth in subsection (a).
(2) It is the sense of Congress that such proce-
dures may include one or more of the following
means:
(A) Carrying out security clearance inves-
tigations with respect to appropriate State and
local personnel.
(B) With respect to information that is sen-
sitive but unclassified, entering into nondisclo-
sure agreements with appropriate State and
local personnel.
(C) Increased use of information-sharing
partnerships that include appropriate State and
local personnel, such as the Joint Terrorism
Task Forces of the Federal Bureau of Investiga-
tion, the Anti-Terrorism Task Forces of the De-
partment of Justice, and regional Terrorism
Early Warning Groups.
(d) RESPONSIBLE OFFICIALS.—For each affected Fed-
eral agency, the head of such agency shall designate an offi-
cial to administer this Act with respect to such agency.
(e) FEDERAL CONTROL OF INFORMATION.—Under pro-
cedures prescribed under this section, information obtained
by a State or local government from a Federal agency under
this section shall remain under the control of the Federal
agency, and a State or local law authorizing or requiring
such a government to disclose information shall not apply
to such information.
(f) DEFINITIONS.—As used in this section:
(1) The term ‘‘homeland security information’’
means any information possessed by a Federal, State,
or local agency that—
(A) relates to the threat of terrorist activity;
(B) relates to the ability to prevent, inter-
dict, or disrupt terrorist activity;
(C) would improve the identification or in-
vestigation of a suspected terrorist or terrorist
organization; or
(D) would improve the response to a ter-
rorist act.
(2) The term ‘‘intelligence community’’ has the
meaning given such term in section 3(4) of the Na-
tional Security Act of 1947 (50 U.S.C. 401a(4)).
(3) The term ‘‘State and local personnel’’ means
any of the following persons involved in prevention,
preparation, or response for terrorist attack:
(A) State Governors, mayors, and other lo-
cally elected officials.
(B) State and local law enforcement per-
sonnel and firefighters.
(C) Public health and medical professionals.
(D) Regional, State, and local emergency
management agency personnel, including State
adjutant generals.
(E) Other appropriate emergency response
agency personnel.
(F) Employees of private-sector entities that
affect critical infrastructure, cyber, economic, or
public health security, as designated by the Fed-
eral government in procedures developed pursu-
ant to this section.
(4) The term ‘‘State’’ includes the District of Co-
lumbia and any commonwealth, territory, or posses-
sion of the United States.
SEC. 4. REPORT.
(a) REPORT REQUIRED.—Not later than 12 months
after the date of the enactment of this Act, the President
shall submit to the congressional committees specified in
subsection (b) a report on the implementation of section 3.
The report shall include any recommendations for addi-
tional measures or appropriation requests, beyond the re-
quirements of section 3, to increase the effectiveness of shar-
ing of information among Federal, State, and local entities.
(b) SPECIFIED CONGRESSIONAL COMMITTEES.—The
congressional committees referred to in subsection (a) are
the following committees:
(1) The Permanent Select Committee on Intel-
ligence and the Committee on the Judiciary of the
House of Representatives.
(2) The Select Committee on Intelligence and the
Committee on the Judiciary of the Senate.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as
may be necessary to carry out section 3.
SEC. 6. AUTHORITY TO SHARE GRAND JURY INFORMATION.
Rule 6(e) of the Federal Rules of Criminal Procedure
is amended—
(1) in paragraph (2), by inserting ‘‘, or of guide-
lines jointly issued by the Attorney General and Di-
rector of Central Intelligence pursuant to Rule 6,’’
after ‘‘Rule 6’’; and
(2) in paragraph (3)—
(A) in subparagraph (A)(ii), by inserting
‘‘or of a foreign government’’ after ‘‘(including
personnel of a state or subdivision of a state’’;
(B) in subparagraph (C)(i)—
(i) in subclause (I), by inserting before
the semicolon the following: ‘‘or, upon a re-
quest by an attorney for the government,
when sought by a foreign court or pros-
ecutor for use in an official criminal inves-
tigation’’;
(ii) in subclause (IV)—
(I) by inserting ‘‘or foreign’’ after
‘‘may disclose a violation of State’’;
(II) by inserting ‘‘or of a foreign
government’’ after ‘‘to an appropriate
official of a State or subdivision of a
State’’; and
(III) by striking ‘‘or’’ at the end;
(iii) by striking the period at the end
of subclause (V) and inserting ‘‘; or’’; and
(iv) by adding at the end the following:
‘‘(VI) when matters involve a threat of
actual or potential attack or other grave
hostile acts of a foreign power or an agent
of a foreign power, domestic or inter-
national sabotage, domestic or international
terrorism, or clandestine intelligence gath-
ering activities by an intelligence service or
network of a foreign power or by an agent
of a foreign power, within the United States
or elsewhere, to any appropriate federal,
state, local, or foreign government official
for the purpose of preventing or responding
to such a threat.’’; and
(C) in subparagraph (C)(iii)—
(i) by striking ‘‘Federal’’;
(ii) by inserting ‘‘or clause (i)(VI)’’
after ‘‘clause (i)(V)’’; and
(iii) by adding at the end the fol-
lowing: ‘‘Any state, local, or foreign official
who receives information pursuant to clause
(i)(VI) shall use that information only con-
sistent with such guidelines as the Attorney
General and Director of Central Intelligence
shall jointly issue.’’.
SEC. 7. AUTHORITY TO SHARE ELECTRONIC, WIRE, AND
ORAL INTERCEPTION INFORMATION.
Section 2517 of title 18, United States Code, is amend-
ed by adding at the end the following:
‘‘(7) Any investigative or law enforcement officer, or
attorney for the government, who by any means authorized
by this chapter, has obtained knowledge of the contents of
any wire, oral, or electronic communication, or evidence de-
rived therefrom, may disclose such contents or derivative
evidence to a foreign investigative or law enforcement officer
to the extent that such disclosure is appropriate to the prop-
er performance of the official duties of the officer making
or receiving the disclosure, and foreign investigative or law
enforcement officers may use or disclose such contents or
derivative evidence to the extent such use or disclosure is
appropriate to the proper performance of their official du-
ties.
‘‘(8) Any investigative or law enforcement officer, or
attorney for the government, who by any means authorized
by this chapter, has obtained knowledge of the contents of
any wire, oral, or electronic communication, or evidence de-
rived therefrom, may disclose such contents or derivative
evidence to any appropriate Federal, State, local, or foreign
government official to the extent that such contents or deriv-
ative evidence reveals a threat of actual or potential attack
or other grave hostile acts of a foreign power or an agent
of a foreign power, domestic or international sabotage, do-
mestic or international terrorism, or clandestine intel-
ligence gathering activities by an intelligence service or net-
work of a foreign power or by an agent of a foreign power,
within the United States or elsewhere, for the purpose of
preventing or responding to such a threat. Any official who
receives information pursuant to this provision may use
that information only as necessary in the conduct of that
person’s official duties subject to any limitations on the un-
authorized disclosure of such information, and any State,
local, or foreign official who receives information pursuant
to this provision may use that information only consistent
with such guidelines as the Attorney General and Director
of Central Intelligence shall jointly issue.’’.
SEC. 8. FOREIGN INTELLIGENCE INFORMATION.
(a) DISSEMINATION AUTHORIZED.—Section 203(d)(1)
of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Ter-
rorism Act (USA PATRIOT ACT) of 2001 (Public Law
107–56; 50 U.S.C. 403–5d) is amended—
(1) by striking ‘‘Notwithstanding any other pro-
vision of law, it’’ and inserting ‘‘It’’; and
(2) by adding at the end the following: ‘‘It shall
be lawful for information revealing a threat of actual
or potential attack or other grave hostile acts of a for-
eign power or an agent of a foreign power, domestic
or international sabotage, domestic or international
terrorism, or clandestine intelligence gathering activi-
ties by an intelligence service or network of a foreign
power or by an agent of a foreign power, within the
United States or elsewhere, obtained as part of a
criminal investigation to be disclosed to any appro-
priate Federal, State, local, or foreign government of-
ficial for the purpose of preventing or responding to
such a threat. Any official who receives information
pursuant to this provision may use that information