[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 266 Introduced in Senate (IS)]







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--
            (1) in subsection (b)--
                    (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.
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