PRIA, Government Policy, Made Personal

Summary

The President must create and run rules so federal agencies share homeland security information with other federal agencies and the right state and local people. The rules must tell agencies how to identify and protect sensitive but unclassified information, and how to handle classified information so it can be shared when appropriate. The rules must apply to all federal agencies and must not change how classified information or secret sources and methods are protected. Agencies must use information-sharing systems that can send unclassified and classified data, limit who gets what by place or job or need-to-know, include existing systems like the National Law Enforcement Telecommunications System, the Regional Information Sharing System, and the FBI’s Terrorist Threat Warning System, and give state and local users access. Shared information must include a note about how credible it is. The rules must limit re-sharing, keep the data secure and private, protect people’s legal rights, and remove wrong or outdated names. State and local users may be given clearance to receive classified data, sign nondisclosure agreements for sensitive unclassified data, and join joint task forces. The Attorney General and Director of Central Intelligence must set rules for federal review and integration of information coming from state and local partners. Definitions and other duties: “Homeland security information” means information about terrorist threats, preventing or stopping attacks, identifying suspects, or improving responses. “Intelligence community” means the U.S. intelligence agencies. “State and local personnel” includes governors, mayors, police, firefighters, public health and medical staff, emergency managers (including adjutants general), other responders, and private-sector workers tied to critical infrastructure. “State” includes DC and U.S. territories. Each federal agency head must name one official to run these rules. Information given to a state or local government stays under federal control and state laws cannot force its public disclosure. The Secretary must set up training for state, local, and private officials on spotting, reporting, and submitting threat information, working with the Attorney General and the Director of Central Intelligence. Finally, federal statistical data protected by other laws must not be shared in ways that break those confidentiality rules.

Title 6, §482

Domestic Security, Source: USLM XML via OLRC

(a)Procedures for determining extent of sharing of homeland security information

(1)The President shall prescribe and implement procedures under which relevant Federal agencies—

(A)share relevant and appropriate homeland security information with other Federal agencies, including the Department, and appropriate State and local personnel;

(B)identify and safeguard homeland security information that is sensitive but unclassified; and

(C)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.

(2)The President shall ensure that such procedures apply to all agencies of the Federal Government.

(3)Such procedures shall not change the substantive requirements for the classification and safeguarding of classified information.

(4)Such procedures shall not change the requirements and authorities to protect sources and methods.

(b)Procedures for sharing of homeland security information

(1)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.

(2)Each information sharing system through which information is shared under paragraph (1) shall—

(A)have the capability to transmit unclassified or classified information, though the procedures and recipients for each capability may differ;

(B)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;

(C)be configured to allow the efficient and effective sharing of information; and

(D)be accessible to appropriate State and local personnel.

(3)The procedures prescribed under paragraph (1) shall establish conditions on the use of information shared under paragraph (1)—

(A)to limit the redissemination of such information to ensure that such information is not used for an unauthorized purpose;

(B)to ensure the security and confidentiality of such information;

(C)to protect the constitutional and statutory rights of any individuals who are subjects of such information; and

(D)to provide data integrity through the timely removal and destruction of obsolete or erroneous names and information.

(4)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.

(5)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.

(6)The procedures prescribed under paragraph (1) shall ensure that appropriate State and local personnel are authorized to use such information sharing systems—

(A)to access information shared with such personnel; and

(B)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.

(7)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.

(c)Sharing of classified information and sensitive but unclassified information with State and local personnel

(1)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).

(2)It is the sense of Congress that such procedures may include 1 or more of the following means:

(A)Carrying out security clearance investigations with respect to appropriate State and local personnel.

(B)With respect to information that is sensitive but unclassified, entering into nondisclosure agreements with appropriate State and local personnel.

(C)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.

(3)(A)The Secretary shall establish a program to provide appropriate training to officials described in subparagraph (B) in order to assist such officials in—

(i)identifying sources of potential terrorist threats through such methods as the Secretary determines appropriate;

(ii)reporting information relating to such potential terrorist threats to the appropriate Federal agencies in the appropriate form and manner;

(iii)assuring that all reported information is systematically submitted to and passed on by the Department for use by appropriate Federal agencies; and

(iv)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.

(B)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.

(C)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).

(D)The Secretary shall carry out this paragraph in consultation with the Director of Central Intelligence and the Attorney General.

(d)Responsible officials

For each affected Federal agency, the head of such agency shall designate an official to administer this chapter with respect to such agency.

(e)Federal control of information

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.

(f)Definitions

As used in this section: (1)

(2)The term “intelligence community” has the meaning given such term in section 3003(4) of title 50.

(3)The term “State and local personnel” means any of the following persons involved in prevention, preparation, or response for terrorist attack:

(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.

(F)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.

(4)The term “State” includes the District of Columbia and any commonwealth, territory, or possession of the United States.

(g)Construction

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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (d) and (g), was in the original “this Act”, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 101 of this title and Tables.

Amendments

2003—Subsec. (c)(3). Pub. L. 108–177 added par. (3).

Statutory Notes and Related Subsidiaries

Change of Name

Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.

Executive Documents

Ex. Ord. No. 13311. Homeland Security Information Sharing Ex. Ord. No. 13311,

July 29, 2003, 68 F.R. 45149, as amended by Ex. Ord. No. 13388, § 8(a), Oct. 25, 2005, 70 F.R. 62025, provided: By the authority vested in me by the Constitution and the laws of the United States, including section 892 and 893 of the Homeland Security Act of 2002 (the “Act”) (6 U.S.C. 482 and 483) and section 301 of title 3, United States Code, it is hereby ordered as follows: section 1. Assignment of Functions. (a) The functions of the President under section 892 of the Act are assigned to the Secretary of Homeland Security (the “Secretary”), except the functions of the President under subsection 892(a)(2) and 892(b)(7). (b) Subject to section 2(b) of this order, the function of the President under section 893 of the Act is assigned to the Secretary. (c) Procedures issued by the Secretary in the performance of the function of the President under section 892(a)(1) of the Act shall apply to all agencies of the Federal Government. Such procedures shall specify that the President may make, or may authorize another officer of the United States to make, exceptions to the procedures. (d) The function of the President under section 892(b)(7) of the Act is delegated to the Attorney General and the Director of National Intelligence, to be exercised jointly. (e) In performing the functions assigned to the Secretary by subsection (a) of this section, the Secretary shall coordinate with the Secretary of State, the Secretary of Defense, the Attorney General, the Secretary of Energy, the Director of the Office of Management and Budget, the Director of National Intelligence, the Archivist of the United States, and as the Secretary deems appropriate, other officers of the United States. (f) A determination, under the procedures issued by the Secretary in the performance of the function of the President under section 892(a)(1) of the Act, as to whether, or to what extent, an individual who falls within the category of “State and local personnel” as defined in section 892(f)(3) and (f)(4) of the Act shall have access to information classified pursuant to [former] Executive Order 12958 of

April 17, 1995, as amended, is a discretionary determination and shall be conclusive and not subject to review or appeal. Sec. 2. Rules of

Construction

. Nothing in this order shall be construed to impair or otherwise affect: (a) the authority of the Director of National Intelligence under section 102A(i)(1) [now 102A(h)(1)] of the National Security Act of 1947, as amended (50 U.S.C. 403–3(c)(7) [sic]) [now 50 U.S.C. 3024(h)(1)], to protect intelligence sources and methods from unauthorized disclosure; (b) the functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals; or (c) the provisions of Executive Orders 12958 of

April 17, 1995 [former 50 U.S.C. 435 note], as amended, and 12968 of

August 2, 1995 [50 U.S.C. 3161 note], as amended. Sec. 3. General Provision. This order is intended only to improve the internal management of the Federal Government and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, against the United States, its departments, agencies, or other entities, its officers or employees, or any other person. George W. Bush.

§482 Facilitating Homeland Security Information Sharing Procedures