Judiciary Bill 10
H. R. 4598
A Bill
Be it enacted by the Senate and House of
Representatives of the United States of America in Congress assembled,
This Act may be cited as the `Homeland Security
Information Sharing Act'.
(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 unclassified information to
enhance homeland security.
(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 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 acquire such information.
(6) Granting security clearances to certain State
and local personnel is one way to facilitate the sharing of information
regarding specific terrorist threats among Federal, State, and local levels of
government.
(7) Methods exist to declassify, redact, or
otherwise 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 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 partnership to maximize the benefits of information
gathering 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 established 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 information systems.
(b) SENSE OF CONGRESS- It is the sense of Congress
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.
(a) PRESIDENTIAL PROCEDURES FOR DETERMINING EXTENT
OF SHARING OF HOMELAND SECURITY INFORMATION-
(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 homeland 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 procedures
apply to all agencies of the Federal Government.
(3) Such procedures shall not change the substantive
requirements for the classification and safeguarding of classified information.
(4) Such procedures shall not change the
requirements and authorities to protect sources and methods.
(b) PROCEDURES FOR SHARING OF HOMELAND SECURITY
INFORMATION-
(1) Under procedures prescribed by the President,
all appropriate agencies, including the intelligence community, shall, through
information sharing systems, share homeland security information with
appropriate State and local personnel to the extent such information 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 unclassified or
classified information, though the procedures and recipients for each
capability may differ;
(B) have the capability to restrict delivery of
information to specified subgroups by geographic location, type of
organization, position of a recipient within an organization, or a recipient'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 information shared under paragraph
(1)--
(A) to limit the redissemination of such information
to ensure that such information is not used for an unauthorized purpose;
(B) to ensure the security and confidentiality of
such information;
(C) to protect the constitutional and statutory
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 Telecommunications System, the Regional Information
Sharing System, and the Terrorist Threat Warning System of the Federal Bureau
of Investigation.
(5) Each appropriate Federal agency, as determined
by the President, 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.
(6) 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 homeland security information of their own
jurisdictions, 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 determined by the President, shall review and assess the information
shared under paragraph (6) and integrate 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 appropriate State and local personnel homeland security information
that remains classified or otherwise protected after the determinations
prescribed under the procedures set forth in subsection (a).
(2) It is the sense of Congress that such procedures
may include one or more of the following means:
(A) Carrying out security clearance investigations
with respect to appropriate State and local personnel.
(B) With respect to information that is sensitive
but unclassified, entering into nondisclosure 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 Investigation, 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 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, interdict, or
disrupt terrorist activity;
(C) would improve the identification or
investigation of a suspected terrorist or terrorist organization; or
(D) would improve the response to a terrorist act.
(2) The term `intelligence community' has the
meaning given such term in section 3(4) of the National 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 locally
elected officials.
(B) State and local law enforcement personnel 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 Federal government in procedures developed pursuant to this
section.
(4) The term `State' includes the District of
Columbia and any commonwealth, territory, or possession of the United States.
(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
additional measures or appropriation requests, beyond the requirements of
section 3, 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 Intelligence
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.
There are authorized to be appropriated such sums as
may be necessary to carry out section 3.
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)--
(i) in subclause (I), by inserting before the
semicolon the following: `or, upon a request by an attorney for the government,
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 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 international sabotage, domestic or international
terrorism, or clandestine intelligence gathering 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 following: `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.'.
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 authorized by this chapter,
has obtained knowledge of the contents of any wire, oral, or electronic
communication, or evidence derived 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 proper 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 duties.
`(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 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 international
sabotage, domestic or international terrorism, or clandestine intelligence gathering
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, 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 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.'.
(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 provision
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,
domestic or international sabotage, domestic or international terrorism, or
clandestine intelligence gathering 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, obtained as part of a criminal investigation to be
disclosed to any appropriate Federal, State, local, or foreign government
official 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 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)'.
Section 106(k)(1) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1806) is amended by inserting 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 appoint or direct
the chief law enforcement officer of that State or political subdivision)'.
Section 305(k)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1825) is amended by inserting 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 appoint or direct the chief law enforcement officer of that State or political subdivision)'.