6 U.S.C. § 482 — Facilitating homeland security information sharing procedures
submitted 24 years ago by Pub. L. 107-296 to r/title-6-DOMESTIC-SECURITY · 1,323 words · no verdicts yet
The President must set rules for agencies to share homeland security information with state and local officials. These rules must protect classified information, sensitive details, and people's rights, while removing old or wrong data. The Secretary must also train state, local, and private officials to spot and report terrorist threats.
(a) Procedures for determining extent of sharing. (1) The President must create and put in place procedures for relevant federal agencies to: (A) share relevant, appropriate homeland* security information with other federal agencies (including the Department*) and with appropriate state and local personnel; (B) figure out and protect homeland security information that is sensitive but not classified; and (C) for information that is classified, decide whether, how, and how much of it to remove before sharing, and decide which personnel may receive it once it is removed. (2) The President must make sure these procedures apply to every agency* of the federal government. (3) These procedures cannot change the substantive rules for classifying and safeguarding classified information. (4) These procedures cannot change the requirements and authorities that protect intelligence sources and methods.
(b) Procedures for sharing of homeland security information. (1) Under procedures the President prescribes, all appropriate agencies, including the intelligence community, must share homeland security information — through information-sharing systems — with federal agencies and appropriate state and local personnel, to the extent subsection (a) allows, together with assessments of how credible the information is. (2) Each information-sharing system used for this must: (A) be able to transmit unclassified or classified information, even though the procedures and recipients for each may differ; (B) be able to restrict delivery of information to specific subgroups based on geographic location, type of organization, a recipient's position within an organization, or a recipient's need to know; (C) be set up to allow efficient and effective information sharing; and (D) be accessible to appropriate state and local personnel. (3) The procedures must set conditions on the use of information shared under paragraph (1), to: (A) limit re-sharing of the information so it isn't used for an unauthorized purpose; (B) keep the information secure and confidential; (C) protect the constitutional and statutory rights of people the information is about; and (D) keep the data accurate by promptly removing and destroying outdated or wrong names and information. (4) To the greatest extent practical, the procedures must make sure the information-sharing systems used include existing systems, such as the National Law Enforcement Telecommunications System, the Regional Information Sharing System, and the FBI's Terrorist Threat Warning System. (5) Every appropriate federal agency, as the President determines, must have access to each information-sharing system used under paragraph (1), and so must have access to all information shared through it, as appropriate. (6) The procedures must make sure appropriate state and local personnel are authorized to use these information-sharing systems to: (A) access information shared with them; and (B) share, with others who have access to the systems, their own jurisdiction's homeland security information, marked as related to potential terrorist activity. (7) Under procedures the Director of Central Intelligence and the Attorney General jointly prescribe, each appropriate federal agency the President determines must review the information shared under paragraph (6) and integrate it with existing intelligence.
(c) Sharing of classified and sensitive but unclassified information with state and local personnel. (1) The President must prescribe procedures letting federal agencies share, to the extent the President considers necessary, homeland security information that remains classified or otherwise protected even after the determinations made under subsection (a). (2) It is the sense of Congress that these procedures may include one or more of: (A) carrying out security-clearance investigations for appropriate state and local personnel; (B) for information that is sensitive but unclassified, entering into nondisclosure agreements with appropriate state and local personnel; and (C) increasing the use of information-sharing partnerships involving state and local personnel, such as the FBI's Joint Terrorism Task Forces, the Department of Justice's Anti-Terrorism Task Forces, and regional Terrorism Early Warning Groups. (3)(A) The Secretary* must set up a program to give appropriate training to the officials described in subparagraph (B), to help them: (i) identify sources of potential terrorist threats, using methods the Secretary decides are appropriate; (ii) report information about potential terrorist threats to the right federal agencies, in the right form and manner; (iii) make sure all reported information is systematically submitted to and passed on by the Department for use by appropriate federal agencies; and (iv) understand the intelligence community's mission and roles, to promote more effective information sharing among federal, state, and local officials and private-sector representatives to prevent terrorist attacks against the United States. (B) The officials covered are officials of state and local government* agencies, and representatives of private-sector entities, with responsibilities for overseeing or managing first responders, counterterrorism activities, or critical infrastructure*. (C) The Secretary must consult with the Attorney General to make sure this training program does not duplicate the training program set up under section 908 of the USA PATRIOT Act. (D) The Secretary must carry out this training program in consultation with the Director of Central Intelligence and the Attorney General.
(d) Responsible officials. For each affected federal agency, the head of that agency must designate an official to administer this chapter for that agency.
(e) Federal control of information. Information a state or local government gets from a federal agency under this section stays under the federal agency's control, and a state or local law that would otherwise authorize or require that government to disclose the information does not apply to it.
(f) Definitions. (1) "Homeland security information" means information held 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 identifying or investigating a suspected terrorist or terrorist organization; or (D) would improve the response to a terrorist act. (2) "Intelligence community" has the meaning given that term in section 3003(4) of title 50. (3) "State and local personnel" means people involved in preventing, preparing for, or responding to a terrorist attack, including: (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; and (F) employees of private-sector entities that affect critical infrastructure, cyber, economic, or public health security, if the federal government designates them under this section's procedures. (4) "State" includes the District of Columbia and any commonwealth, territory, or possession of the United States.
(g) Construction. Nothing in this chapter authorizes any federal department, bureau, agency, officer, or employee to request, receive, or transmit to any other government entity or personnel — including a state or local entity or personnel otherwise authorized under this chapter to receive homeland security information — any information the federal government collected solely for statistical purposes, if doing so would violate another law about keeping that information confidential.
The President shall prescribe and implement procedures under which relevant Federal agencies—
share relevant and appropriate homeland security information with other Federal agencies, including the Department*, and appropriate State and local personnel;
identify and safeguard homeland security information that is sensitive but unclassified; and
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.
The President shall ensure that such procedures apply to all agencies of the Federal Government.
Such procedures shall not change the substantive requirements for the classification and safeguarding of classified information.
Such procedures shall not change the requirements and authorities to protect sources and methods.
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.
Each information sharing system through which information is shared under paragraph (1) shall—
have the capability to transmit unclassified or classified information, though the procedures and recipients for each capability may differ;
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;
be configured to allow the efficient and effective sharing of information; and
be accessible to appropriate State and local personnel.
The procedures prescribed under paragraph (1) shall establish conditions on the use of information shared under paragraph (1)—
to limit the redissemination of such information to ensure that such information is not used for an unauthorized purpose;
to ensure the security and confidentiality of such information;
to protect the constitutional and statutory rights of any individuals who are subjects of such information; and
to provide data integrity through the timely removal and destruction of obsolete or erroneous names and information.
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.
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.
The procedures prescribed under paragraph (1) shall ensure that appropriate State and local personnel are authorized to use such information sharing systems—
to access information shared with such personnel; and
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.
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.
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).
It is the sense of Congress that such procedures may include 1 or more of the following means:
Carrying out security clearance investigations with respect to appropriate State and local personnel.
With respect to information that is sensitive but unclassified, entering into nondisclosure agreements with appropriate State and local personnel.
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.
The Secretary* shall establish a program to provide appropriate training to officials described in subparagraph (B) in order to assist such officials in—
identifying sources of potential terrorist threats through such methods as the Secretary determines appropriate;
reporting information relating to such potential terrorist threats to the appropriate Federal agencies in the appropriate form and manner;
assuring that all reported information is systematically submitted to and passed on by the Department for use by appropriate Federal agencies; and
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.
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*.
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).
The Secretary shall carry out this paragraph in consultation with the Director of Central Intelligence and the Attorney General.
For each affected Federal agency, the head of such agency shall designate an official to administer this chapter with respect to such agency.
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.
As used in this section:
The term “homeland security information” means any information possessed by a Federal, State, or local agency that—
relates to the threat of terrorist activity;
relates to the ability to prevent, interdict, or disrupt terrorist activity;
would improve the identification or investigation of a suspected terrorist or terrorist organization; or
would improve the response to a terrorist act.
The term “intelligence community” has the meaning given such term in section 3003(4) of title 50.
The term “State and local personnel” means any of the following persons involved in prevention, preparation, or response for terrorist attack:
State Governors, mayors, and other locally elected officials.
State and local law enforcement personnel and firefighters.
Public health and medical professionals.
Regional, State, and local emergency management* agency personnel, including State adjutant generals.
Other appropriate emergency* response agency personnel.
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.
The term “State” includes the District of Columbia and any commonwealth, territory, or possession of the United States.
Nothing in this chapter 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 chapter 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.
Source credit: (Pub. L. 107–296, title VIII, § 892, Nov. 25, 2002, 116 Stat. 2253; Pub. L. 108–177, title III, § 316(a), Dec. 13, 2003, 117 Stat. 2610.)
- 2002Enacted · Pub. L. 107-296 · 116 Stat. 2253
- 2003Amended · Pub. L. 108-177 · 117 Stat. 2610
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-296 on 2002-11-25.
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