IIB
107TH CONGRESS
2D SESSION
H. R. 4598
IN THE SENATE OF THE UNITED STATES
JUNE 27, 2002
Received; read twice and referred to the Committee on the Judiciary
AN ACT
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,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Homeland Security
Information 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 at-
tack.
(3) The Federal Government collects, creates,
manages, and protects classified and sensitive but
unclassified information to enhance homeland secu-
rity.
(4) Some homeland security information is
needed 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 informa-
tion to combat terrorism must be reconciled with the
need to preserve the protected status of such infor-
mation and to protect the sources and methods used
to acquire such information.
(6) Granting security clearances to certain
State and local personnel is one way to facilitate the
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sharing 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 sus-
picious activities and terrorist threats not possessed
by Federal 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
gathering and analysis to prevent and respond to
terrorist attacks.
(11) Information systems, including the Na-
tional Law Enforcement Telecommunications Sys-
tem and the Terrorist Threat Warning System, have
been established for rapid sharing of classified and
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sensitive but unclassified information among Fed-
eral, State, and local entities.
(12) Increased efforts to share homeland secu-
rity information should avoid duplicating existing in-
formation systems.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that Federal, State, and local entities should share
homeland security information to the maximum extent
practicable, with special emphasis on hard-to-reach urban
and rural communities.
SEC. 3. FACILITATING HOMELAND SECURITY INFORMA-
TION SHARING PROCEDURES.
(a) PRESIDENTIAL PROCEDURES FOR DETERMINING
EXTENT OF SHARING OF HOMELAND SECURITY INFOR-
MATION.—
(1) The President shall prescribe procedures
under which relevant Federal agencies determine—
(A) whether, how, and to what extent
homeland 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
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(C) to the extent such information is in
classified form, whether, how, and to what ex-
tent to remove classified information, as appro-
priate, 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 re-
quirements and authorities to protect sources and
methods.
(b) PROCEDURES FOR SHARING OF HOMELAND SE-
CURITY 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.
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(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 pro-
cedures and recipients for each capability may
differ;
(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;
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(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
erroneous 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
personnel are authorized to use such information
sharing systems—
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(A) to access information shared with such
personnel; and
(B) to share, with others who have access
to such information sharing systems, the home-
land security information of their own jurisdic-
tions, which shall be marked appropriately as
pertaining to potential terrorist activity.
(7) Under procedures prescribed jointly by the
Director of Central Intelligence and the Attorney
General, each appropriate Federal agency, as deter-
mined by the President, shall review and assess the
information shared under paragraph (6) and inte-
grate such information with existing intelligence.
(c) SHARING
OF CLASSIFIED INFORMATION
AND
SENSITIVE
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 appro-
priate State and local personnel homeland security
information that remains classified or otherwise pro-
tected after the determinations prescribed under the
procedures set forth in subsection (a).
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(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
sensitive but unclassified, entering into non-
disclosure 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 Inves-
tigation, the Anti-Terrorism Task Forces of the
Department of Justice, and regional Terrorism
Early Warning Groups.
(d) RESPONSIBLE OFFICIALS.—For each affected
Federal agency, the head of such agency shall designate
an official to administer this Act with respect to such
agency.
(e) FEDERAL CONTROL OF INFORMATION.—Under
procedures prescribed under this section, information ob-
tained by a State or local government from a Federal
agency under this section shall remain under the control
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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 activ-
ity;
(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 pre-
vention, preparation, or response for terrorist attack:
(A) State Governors, mayors, and other lo-
cally elected officials.
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(B) State and local law enforcement per-
sonnel and firefighters.
(C) Public health and medical profes-
sionals.
(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, eco-
nomic, or public health security, as designated
by the Federal government in procedures devel-
oped pursuant to this section.
(4) The term ‘‘State’’ includes the District of
Columbia and any commonwealth, territory, or pos-
session 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
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sharing 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
guidelines jointly issued by the Attorney General and
Director 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)—
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(i) in subclause (I), by inserting be-
fore the semicolon the following: ‘‘or, upon
a request by an attorney for the govern-
ment, when sought by a foreign court or
prosecutor for use in an official criminal
investigation’’;
(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 fol-
lowing:
‘‘(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 inter-
national terrorism, or clandestine intel-
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ligence gathering activities by an intel-
ligence 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 for-
eign 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 consistent 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
amended by adding at the end the following:
‘‘(7) Any investigative or law enforcement officer, or
attorney for the government, who by any means author-
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ized by this chapter, has obtained knowledge of the con-
tents of any wire, oral, or electronic communication, or
evidence derived therefrom, may disclose such contents or
derivative evidence to a foreign investigative or law en-
forcement officer to the extent that such disclosure is ap-
propriate to the proper performance of the official duties
of the officer making or receiving the disclosure, and for-
eign 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 per-
formance of their official duties.
‘‘(8) Any investigative or law enforcement officer, or
attorney for the government, who by any means author-
ized by this chapter, has obtained knowledge of the con-
tents of any wire, oral, or electronic communication, or
evidence derived 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 derivative 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 inter-
national sabotage, domestic or international terrorism, or
clandestine intelligence gathering activities by an intel-
ligence service or network of a foreign power or by an
agent of a foreign power, within the United States or else-
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where, 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 nec-
essary in the conduct of that person’s official duties sub-
ject to any limitations on the unauthorized 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 Intel-
ligence 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 Terrorism 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
foreign power or an agent of a foreign power, do-
mestic or international sabotage, domestic or inter-
national terrorism, or clandestine intelligence gath-
ering activities by an intelligence service or network
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of a foreign power or by an agent of a foreign
power, within the United States or elsewhere, ob-
tained as part of a criminal investigation to be dis-
closed to any appropriate Federal, State, local, or
foreign government official for the purpose of pre-
venting 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 unauthorized 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.’’.
(b) CONFORMING AMENDMENTS.—Section 203(c) of
that Act is amended—
(1) by striking ‘‘section 2517(6)’’ and inserting
‘‘paragraphs (6) and (8) of section 2517 of title 18,
United States Code,’’; and
(2) by inserting ‘‘and (VI)’’ after ‘‘Rule
6(e)(3)(C)(i)(V)’’.
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SEC. 9. INFORMATION ACQUIRED FROM AN ELECTRONIC
SURVEILLANCE.
Section 106(k)(1) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1806) is amended by insert-
ing after ‘‘law enforcement officers’’ the following: ‘‘or law
enforcement personnel of a State or political subdivision
of a State (including the chief executive officer of that
State or political subdivision who has the authority to ap-
point or direct the chief law enforcement officer of that
State or political subdivision)’’.
SEC. 10. INFORMATION ACQUIRED FROM A PHYSICAL
SEARCH.
Section 305(k)(1) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1825) is amended by insert-
ing after ‘‘law enforcement officers’’ the following: ‘‘or law
enforcement personnel of a State or political subdivision
of a State (including the chief executive officer of that
State or political subdivision who has the authority to ap-
point or direct the chief law enforcement officer of that
State or political subdivision)’’.
Passed the House of Representatives June 26, 2002.
Attest:
JEFF TRANDAHL,
Clerk.