I
107TH CONGRESS
1ST SESSION
H. R. 3483
To amend title 31, United States Code, to provide for intergovernmental
cooperation to enhance the sharing of law enforcement information.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 13, 2001
Mr. HORN
(for himself, Mr. BURTON
of Indiana, Mr. SHAYS, Ms.
SCHAKOWSKY, and Mrs. MALONEY of New York) introduced the following
bill; which was referred to the Committee on the Judiciary
A BILL
To amend title 31, United States Code, to provide for inter-
governmental cooperation to enhance the sharing of law
enforcement information.
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 ‘‘Intergovernmental
Law Enforcement Information Sharing Act of 2001’’.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds the following:
(1) Governors and mayors are responsible for
the protection of their constituents, and State and
local agencies are typically the first responders to
emergencies. Therefore, State and local officials and
agencies must be able to receive information regard-
ing potential threats within their jurisdictions.
(2) Most State and local law enforcement au-
thorities currently have mechanisms in place to re-
ceive and protect classified information provided by
Federal officials. These mechanisms must be supple-
mented to include elected officials and additional
senior law enforcement officials in every State.
(3) Expanding the issuance of security clear-
ances, consistent with all applicable Federal stand-
ards and investigative requirements, is an important
means of improving information sharing among Fed-
eral, State, and local officials.
(4) There is a need for a comprehensive review
of procedures within Federal law enforcement agen-
cies in order to identify and remedy unnecessary
barriers to information sharing among Federal,
State, and local law enforcement agencies.
SEC. 3. SECURITY CLEARANCES AND ENHANCED INFORMA-
TION SHARING.
Chapter 65 of title 31, United States Code, is amend-
ed by adding at the end the following new section:
‘‘§ 6509. Intergovernmental cooperation to enhance
the sharing of law enforcement informa-
tion
‘‘(a) The Attorney General shall expeditiously carry
out security clearance investigations for the persons iden-
tified in subsection (b), and shall grant appropriate secu-
rity clearances to all such persons who qualify for clear-
ances under the standards set forth in applicable laws and
Executive orders.
‘‘(b) The persons referred to in subsection (a) are:
‘‘(1) Every Governor of a State or territory who
applies for a security clearance.
‘‘(2) Every chief elected official of a political
subdivision of a State or territory with a population
exceeding 30,000 who applies for a security clear-
ance.
‘‘(3) At least one senior law enforcement official
for each State or territory, as designated by the
Governor of such State or territory.
‘‘(4) At least one senior law enforcement official
for each political subdivision described in paragraph
(2), as designated by the chief elected official of
such subdivision.
‘‘(5) Law enforcement officers from State, ter-
ritorial, and local agencies that participate in Fed-
eral counter-terrorism working groups, joint or re-
gional terrorism task forces, and other activities in-
volving the combined efforts of Federal and non-
Federal law enforcement agencies.
‘‘(6) The chiefs, commissioners, sheriffs, or
comparable officials who head each State, territorial,
and local agency that participates in a working
group, task force, or similar activity described in
paragraph (5).
‘‘(c)(1) The Attorney General may charge State, ter-
ritorial, and local governments, in whole or in part, for
the costs of carrying out security clearance investigations
and granting security clearances under this section. Such
charges may not exceed the amounts charged for carrying
out such investigations and granting such clearances for
Federal employees.
‘‘(2) The Attorney General may waive any charges
that would otherwise apply under paragraph (1) to a
State, territorial, or local government if such government
agrees to promptly provide Federal officials, without
charge, access to the criminal databases of such govern-
ment for the purpose of conducting personnel security
background investigations for military, civilian, and con-
tract employees.
‘‘(d) To the maximum extent practicable, the Attor-
ney General shall ensure that information systems, includ-
ing databases, are configured to allow efficient and effec-
tive sharing of information among appropriate Federal,
State, territorial, and local officials and agencies.’’.
SEC. 4. STUDY BY THE ATTORNEY GENERAL.
(a) STUDY REQUIRED.—The Attorney General shall
conduct a study of methods to enhance the sharing of sen-
sitive Federal law enforcement information with State,
territorial, and local law enforcement officials. The study
shall review—
(1) appropriate safeguards to protect confiden-
tial sources and methods;
(2) mechanisms for determining the credibility
of information relating to potential threats;
(3) restrictions on access to Federal databases
by State, territorial, and local elected officials and
law enforcement personnel; and
(4) any other matter that the Attorney General
considers appropriate.
(b) PARTICIPATION.—The Attorney General shall en-
sure that officials from State, territorial, and local law en-
forcement agencies participate in the study.
(c) REPORT.—Not later than 6 months after the date
of the enactment of this Act, the Attorney General shall
submit a report containing the findings and recommenda-
tions of the study to the Committee on Government Re-
form and the Committee on the Judiciary of the House
of Representatives and the Committee on Governmental
Affairs and the Committee on the Judiciary of the Senate.
SEC. 5. DISCLAIMER.
Nothing in this Act shall be construed to limit the
authority of the head of a Federal agency to classify infor-
mation or to continue the classification of information pre-
viously classified by an agency.
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