SEC. 891. [6 U.S.C. 481] SHORT TITLE; FINDINGS; AND SENSE OF CONGRESS.

(a) Short Title.--This subtitle may be cited as the

``Homeland Security Information Sharing Act''.

(b) Findings.--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.

(c) 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.

SEC. 892. [6 U.S.C. 482] FACILITATING HOMELAND SECURITY INFORMATION

SHARING PROCEDURES.

(a) Procedures for Determining Extent of Sharing of

Homeland Security Information.--

(1) The President shall prescribe and implement

procedures under which relevant Federal agencies--

(A) share relevant and appropriate homeland

security information with other Federal

agencies, including the Department, and

appropriate State and local personnel;

(B) identify and safeguard homeland

security information that is sensitive but

unclassified; and

(C) to the extent such information is in

classified form, determine 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 Federal

agencies and 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 1 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.

(3)(A) The Secretary shall establish a program to

provide appropriate training to officials described in

subparagraph (B) in order to assist such officials in--

(i) identifying sources of potential

terrorist threats through such methods as the

Secretary determines appropriate;

(ii) reporting information relating to such

potential terrorist threats to the appropriate

Federal agencies in the appropriate form and

manner;

(iii) assuring that all reported

information is systematically submitted to and

passed on by the Department for use by

appropriate Federal agencies; and

(iv) understanding the mission and roles of

the intelligence community to promote more

effective information sharing among Federal,

State, and local officials and representatives

of the private sector to prevent terrorist

attacks against the United States.

(B) The officials referred to in subparagraph (A)

are officials of State and local government agencies

and representatives of private sector entities with

responsibilities relating to the oversight and

management of first responders, counterterrorism

activities, or critical infrastructure.

(C) The Secretary shall consult with the Attorney

General to ensure that the training program established

in subparagraph (A) does not duplicate the training

program established in section 908 of the USA PATRIOT

Act (Public Law 107-56; 28 U.S.C. 509 note).

(D) The Secretary shall carry out this paragraph in

consultation with the Director of Central Intelligence

and the Attorney General.

(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.

(g) Construction.--Nothing in this Act shall be construed

as authorizing any department, bureau, agency, officer, or

employee of the Federal Government to request, receive, or

transmit to any other Government entity or personnel, or

transmit to any State or local entity or personnel otherwise

authorized by this Act to receive homeland security

information, any information collected by the Federal

Government solely for statistical purposes in violation of any

other provision of law relating to the confidentiality of such

information.

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