< Back to H.R. 3483 (107th Congress, 2001–2002)

Text of the Intergovernmental Law Enforcement Information Sharing Act of 2001

This bill was introduced on December 13, 2001, in a previous session of Congress, but was not enacted. The text of the bill below is as of Dec 13, 2001 (Introduced).

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Source: GPO

HR 3483 IH

107th CONGRESS

1st Session

H. R. 3483

To amend title 31, United States Code, to provide for intergovernmental cooperation to enhance the sharing of law enforcement information.

IN THE HOUSE OF REPRESENTATIVES

December 13, 2001

Mr. HORN (for himself, Mr. BURTON of Indiana, Mr. SHAYS, Ms. SCHAKOWSKY, and Mrs. MALONEY of New York) introduced the following bill; which was referred to the Committee on the Judiciary


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.