108th CONGRESS
1st Session
S. 266
To provide for the access and handling by personnel of State and
local governments of classified information to facilitate preparation and
response to terrorist attacks, and for other purposes.
IN THE SENATE OF THE UNITED STATES
January 30, 2003
Mr. EDWARDS (for himself and Mr. SCHUMER) introduced the following bill;
which was read twice and referred to the Select Committee on Intelligence
A BILL
To provide for the access and handling by personnel of State and
local governments of classified information to facilitate preparation and
response to terrorist attacks, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Antiterrorism Intelligence Distribution Act
of 2003'.
SEC. 2. ACCESS AND HANDLING OF CLASSIFIED INFORMATION BY STATE AND LOCAL
GOVERNMENT PERSONNEL FOR PREPARATION AND RESPONSE TO TERRORIST ATTACK.
(a) PURPOSE- The purpose of this section, and the amendments made by this
section, is to ensure that sufficient numbers of appropriate personnel of
State and local governments, including personnel of law enforcement, rescue,
fire, health, and other first responder agencies, receive security clearances
for access to classified information of the Federal Government, and training
in the handling of such information, in order to facilitate the use of such
information by such personnel for the preparation for and response to terrorist
attack.
(b) RESPONSIBILITIES OF OFFICE FOR STATE AND LOCAL GOVERNMENT COORDINATION
OF DEPARTMENT OF HOMELAND SECURITY- Section 801 of the Department of Homeland
Security Act (Public Law 107-296) is amended--
(A) in paragraph (3), by striking `and' at the end;
(B) in paragraph (4), by striking the period at the end and inserting
`; and'; and
(C) by adding at the end the following new paragraph:
`(5) in consultation with the chief executive officer of each State, identify
appropriate officials of such State, and of the political subdivisions of
such State, whose performance of functions within the government of such
State or political subdivision with respect to the health and safety of
the citizens of such State and political subdivision will require the access
of such officials to classified information.'; and
(2) by adding at the end the following new subsections:
`(c) IDENTIFICATION OF STATE AND LOCAL OFFICIALS- In identifying State and
local officials under subsection (b)(5), the Office shall ensure each of the
following:
`(1) Adequate representation among personnel identified of personnel of
law enforcement, rescue, fire, health, and other first responder agencies.
`(2) Adequate representation among personnel identified of personnel located
in the major population center or centers of each State.
`(3) Adequate representation among personnel identified of personnel in
each of the major geographic regions of each State.
`(d) STATE DEFINED- In this section, the term `State' means the several States
and the District of Columbia.'.
(c) RESPONSIBILITIES OF DIRECTOR OF CENTRAL INTELLIGENCE- Section 103(a)(1)
of the National Security Act of 1947 (50 U.S.C. 403-3(a)(1)) is amended--
(1) in subparagraph (C), by striking `and' at the end;
(2) in subparagraph (D), by striking the period at the end and inserting
`; and'; and
(3) by adding at the end the following new subparagraph:
`(E) where appropriate, to officials of State and local governments who
are designated by the Secretary of Homeland Security from among such officials
identified by the Office for State and Local Government Coordination of
the Department of Homeland Security under section 801(a)(5) of the Department
of Homeland Security Act (Public Law 107-296).'.
(d) RESPONSIBILITIES OF SECRETARY OF HOMELAND SECURITY- (1) Not later than
180 days after the date of the enactment of this Act, the Secretary of Homeland
Security shall ensure that officials of State and local governments who are
identified by the Office for State and Local Government Coordination of the
Department of Homeland Security under section 801(a)(5) of the Department
of Homeland Security Act, as added by subsection (b), and designated by the
Secretary for purposes of section 103(a)(1)(E) of the National Security Act
of 1947, as added by subsection (c), have received the security clearances
required to permit such officials who qualify for security clearances to have
access to national intelligence under section 103(a)(1) of the National Security
Act of 1947.
(2) The Secretary shall ensure that each official who receives a security
clearance under paragraph (1) receives appropriate training in the proper
receipt and handling of classified information of the Federal Government.
(3) Not later than 180 days after the date of the enactment of this Act, the
Secretary shall provide for appropriate technology and facilities to ensure
the prompt, efficient, and secure transmittal, receipt, and storage of classified
information of the Federal Government by officials of State and local governments
who are designated to receive national intelligence under section 103(a)(1)(E)
of the National Security Act of 1947, as added by subsection (c).
(4) The Secretary shall carry out this subsection in consultation with the
Director of Central Intelligence and the Director of the Federal Bureau of
Investigation.
END
