I
107TH CONGRESS
2D SESSION
H. R. 4598
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
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
Information Sharing Act’’.
(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.
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 may it be shared;
and
(B) to the extent such information is in
classified form, whether, how, and to what ex-
tent to declassify (or remove classified informa-
tion from, as appropriate) such information,
and with which such personnel may it be shared
after such declassification (or removal).
(2) The President shall ensure that such proce-
dures apply to each element of the intelligence com-
munity and that the requisite technology is available.
(3) Such procedures shall not change the sub-
stantive requirements for the classification and
treatment 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 jointly by the
Director of Central Intelligence and the Attorney
General, each element of the intelligence community
shall, through information sharing systems, share
homeland security information with appropriate
State and local personnel to the extent such infor-
mation may be shared, as determined in accordance
with subsection (a), together with assessments 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 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, and 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 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.
(4) Each element of the Federal intelligence
and law enforcement communities, as well as the
Permanent Select Committee on Intelligence of the
House of Representatives, the Select Committee on
Intelligence of the Senate, the Committee on the Ju-
diciary of the House of Representatives, the Com-
mittee on the Judiciary of the Senate, and other
congressional committees as appropriate, shall have
access to each information sharing system through
which information is shared under paragraph (1),
and shall therefore have access to all information, as
appropriate, shared under such paragraph.
(5) The procedures prescribed under paragraph
(1) shall ensure that appropriate State and local
personnel 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 home-
land security information of their own jurisdic-
tions, which shall be marked appropriately as
pertaining to potential terrorist activity.
(6) Under procedures prescribed jointly by the
Director of Central Intelligence and the Attorney
General, each element of the intelligence community
shall review and assess the information shared under
paragraph (5) and integrate such information with
existing intelligence.
(c) SHARING OF CLASSIFIED 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).
(2) Such procedures may provide for sharing to
be carried out through one or more of the following
means:
(A) Carrying out security clearance inves-
tigations with respect to appropriate State and
local personnel.
(B) Entering into nondisclosure agree-
ments with appropriate State and local per-
sonnel.
(C) Increasing the use of information-shar-
ing partnerships that include appropriate State
and local personnel, such as the Joint Ter-
rorism Task Forces of the Federal Bureau of
Investigation, the Anti-Terrorism Task Forces
of the Department of Justice, and regional Ter-
rorism Early Warning Groups.
(d) RESPONSIBLE OFFICIALS.—For each element of
the intelligence community, the head of such element shall
designate an official of such element to administer this
Act with respect to such element.
(e) DEFINITIONS.—As used in this section:
(1) The term ‘‘homeland security information’’
means any information possessed by a Federal,
State, or local intelligence or law enforcement agen-
cy 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.
(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, or eco-
nomic security.
(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 6 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 this Act.
The report shall include any recommendations for addi-
tional measures or appropriation requests, beyond the re-
quirements of this Act, to increase the effectiveness of
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 this Act.
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