[Congressional Record Volume 147, Number 174 (Friday, December 14, 2001)]
[Extensions of Remarks]
[Pages E2314-E2315]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


INTERGOVERNMENTAL LAW ENFORCEMENT INFORMATION SHARING ACT OF 2001  H.R. 
                                  3483

                                 ______
                                 

                           HON. STEPHEN HORN

                             of california

                    in the house of representatives

                      Thursday, December 13, 2001

  Mr. HORN. Mr. Speaker, today, I am introducing the Intergovernmental 
Law Enforcement Information Sharing Act of 2001. This bipartisan bill 
is designed to increase the flow of critical information among Federal, 
State and local law enforcement agencies.
  Interagency cooperation has always been an important factor in 
protecting the safety and security of this Nation. But the unimaginable 
events of September 11 and the ensuing Anthrax attacks have drawn 
unparalleled attention to the need for a timely interchange of 
meaningful information.
  I am pleased to have bipartisan support of this legislation from my 
colleagues: Mr. Burton of Indiana, chairman of Government Reform 
Committee, Mr. Shays from Connecticut, who is chairman of the 
Subcommittee on National Security, Veterans Affairs, and International 
Relations; Ms. Schakowsky from Illinois, Ranking Member of the 
Subcommittee on Government Efficiency, Financial Management and 
Intergovernmental Relations, which I chair; and Mrs. Maloney from New 
York, Ranking Member on the Subcommittee on Domestic Monetary Policy, 
Technology, and Economic Growth and former Ranking Member of my 
subcommittee.
  On October 5th of this year, the Subcommittee on Government 
Efficiency, Financial Management and Intergovernmental Relations held a 
hearing on bio-terrorism. During that hearing, Baltimore Police 
Commissioner Edward T. Norris testified that the FBI did not provide 
his agency with adequate descriptions or photographs of those suspected 
of participating in the September 11th attacks until weeks after the 
tragic events.
  Following the hearing, FBI Director Robert S. Mueller pledged to 
increase the role of non-Federal law enforcement agencies in the 
Government's efforts to combat terrorism, and to share more information 
with State and local agencies. On November 13th, our subcommittee held 
joint hearing with Mr. Shay's subcommittee to discuss the Federal 
Government's efforts to enhance information sharing with State and 
local governments.
  Local officials, including Commissioner Norris, testified that 
progress had been made in intelligence sharing with Federal agencies. 
However, their inability to obtain classified information remained a 
significant impediment to their ability to prepare for potential 
terrorist threats within their jurisdictions. The bill I am introducing 
today addresses that problem.
  H.R. 3483 would require the Attorney General to carry out security 
clearance investigations of senior government and law enforcement 
officials of any political subdivision of a State or territory with a 
population of 30,000. In addition, the bill requires the Attorney 
General to conduct security clearance investigations of senior law 
enforcement officials whose agency participates in a Federal counter-
terrorism task force or working group.
  Upon successful completion of these investigations, the Attorney 
General is to grant the appropriate security clearances. The cost of 
such investigations is to be paid by the requesting State or local 
agency, not the Federal Government.
  This legislation also calls for the Attorney General to conduct a 
study to examine methods of enhancing the sharing of sensitive Federal 
law enforcement information with State, territorial and local 
officials. The study would include a review of appropriate safeguards 
to protect confidential sources and methods, mechanisms for determining 
the credibility of information relating to potential threats, and 
restrictions on access to Federal databases.
  Governors, mayors and chief law enforcement officers are responsible 
for protecting

[[Page E2315]]

their constituents. These State and local officials are the first 
responders to emergencies. They need access to critical information on 
potential threats within their jurisdictions. The ``Intergovernmental 
Law Enforcement Sharing Act of 2001'' will enhance their ability to get 
that information.
  I urge my colleagues to support this bill.

                               H.R. 3483

     A bill, to amend title 31, United States Code, to provide for 
     intergovernmental cooperation to enhance the sharing of law 
     enforcement information.
       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 ``Intergovernmental Law 
     Enforcement Information Sharing Act of 2001''.

     SEC. 2. CONGRESSIONAL FINDINGS.

       Congress finds the following:
       (1) Governors and mayors are responsible for the protection 
     of their constituents, and State and local agencies are 
     typically the first responders to emergencies. Therefore, 
     State and local officials and agencies must be able to 
     receive information regarding potential threats within their 
     jurisdictions.
       (2) Most State and local law enforcement authorities 
     currently have mechanisms in place to receive and protect 
     classified information provided by Federal officials. These 
     mechanisms must be supplemented to include elected officials 
     and additional senior law enforcement officials in every 
     State.
       (3) Expanding the issuance of security clearances, 
     consistent with all applicable Federal standards and 
     investigative requirements, is an important means of 
     improving information sharing among Federal, State, and local 
     officials.
       (4) There is a need for a comprehensive review of 
     procedures within Federal law enforcement agencies in order 
     to identify and remedy unnecessary barriers to information 
     sharing among Federal, State, and local law enforcement 
     agencies.

     SEC. 3. SECURITY CLEARANCES AND ENHANCED INFORMATION SHARING.

       Chapter 65 of title 31, United States Code, is amended by 
     adding at the end the following new section:

     ``Sec. 6509. Intergovernmental cooperation to enhance the 
       sharing of law enforcement information

       ``(a) The Attorney General shall expeditiously carry out 
     security clearance investigations for the persons identified 
     in subsection (b), and shall grant appropriate security 
     clearances to all such persons who qualify for clearances 
     under the standards set forth in applicable laws and 
     Executive orders.
       ``(b) The persons referred to in subsection (a) are:
       ``(1) Every Governor of a State or territory who applies 
     for a security clearance.
       ``(2) Every chief elected official of a political 
     subdivision of a State or territory with a population 
     exceeding 30,000 who applies for a security clearance.
       ``(3) At least one senior law enforcement official for each 
     State or territory, as designated by the Governor of such 
     State or territory.
       ``(4) At least one senior law enforcement official for each 
     political subdivision described in paragraph (2), as 
     designated by the chief elected official of such subdivision.
       ``(5) Law enforcement officers from State, territorial, and 
     local agencies that participate in Federal counter-terrorism 
     working groups, joint or regional terrorism task forces, and 
     other activities involving the combined efforts of Federal 
     and non-Federal law enforcement agencies.
       ``(6) The chiefs, commissioners, sheriffs, or comparable 
     officials who head each State, territorial, and local agency 
     that participates in a working group, task force, or similar 
     activity described in paragraph (5).
       ``(c)(1) The Attorney General may charge State, 
     territorial, and local governments, in whole or in part, for 
     the costs of carrying out security clearance investigations 
     and granting security clearances under this section. Such 
     charges may not exceed the amounts charged for carrying out 
     such investigations and granting such clearances for Federal 
     employees.
       ``(2) The Attorney General may waive any charges that would 
     otherwise apply under paragraph (1) to a State, territorial, 
     or local government if such government agrees to promptly 
     provide Federal officials, without charge, access to the 
     criminal databases of such government for the purpose of 
     conducting personnel security background investigations for 
     military, civilian, and contract employees.
       ``(d) To the maximum extent practicable, the Attorney 
     General shall ensure that information systems, including 
     databases, are configured to allow efficient and effective 
     sharing of information among appropriate Federal, State, 
     territorial, and local officials and agencies.''.

     SEC. 4. STUDY BY THE ATTORNEY GENERAL.

       (a) Study Required.--The Attorney General shall conduct a 
     study of methods to enhance the sharing of sensitive Federal 
     law enforcement information with State, territorial, and 
     local law enforcement officials. The study shall review--
       (1) appropriate safeguards to protect confidential sources 
     and methods;
       (2) mechanisms for determining the credibility of 
     information relating to potential threats;
       (3) restrictions on access to Federal databases by State, 
     territorial, and local elected officials and law enforcement 
     personnel; and
       (4) any other matter that the Attorney General considers 
     appropriate.
       (b) Participation.--The Attorney General shall ensure that 
     officials from State, territorial, and local law enforcement 
     agencies participate in the study.
       (c) Report.--Not later than 6 months after the date of the 
     enactment of this Act the Attorney General shall submit a 
     report containing the findings and recommendations of the 
     study to the Committee on Government Reform and the Committee 
     on the Judiciary of the House of Representatives and the 
     Committee on Governmental Affairs and the Committee on the 
     Judiciary of the Senate.

     SEC. 5. DISCLAIMER.

       Nothing in this Act shall be construed to limit the 
     authority of the head of a Federal agency to classify 
     information or to continue the classification of information 
     previously classified by an agency.

     

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