H3936 CONGRESSIONAL RECORD — HOUSE June 26, 2002 Ms. JACKSON-LEE of Texas. Mr. RECESS Mr. Chairman, first of all, I would Speaker, I appreciate the distinguished The SPEAKER pro tempore (Mr. like to thank the distinguished chair- gentleman from Florida and the distin- SMITH of Texas). Pursuant to clause 12 man of the House Permanent Select guished gentleman from Georgia. I of rule I, the Chair declares the House Committee on Intelligence for the want to thank them. I will soon be rep- in recess for approximately 10 minutes. great work that he and the ranking rimanded on the floor. I am using my Accordingly (at 10 o’clock and 42 member, the gentlewoman from Cali- time. Let me thank the two distin- minutes a.m.), the House stood in re- fornia (Ms. PELOSI), have done in lead- guished gentlemen from Florida for cess for approximately 10 minutes. ing our Permanent Select Committee their leadership on this issue. on Intelligence, not just post-Sep- f Mr. Speaker, let me applaud the pro- tember 11, but even before that. ponents of this legislation, particularly b 1056 The gentleman from Florida (Mr. in the testimony they gave before the AFTER RECESS GOSS) has been a very level-headed in- dividual, who has carried us forward in Committee on the Judiciary, of which I The recess having expired, the House some difficult times with respect to am a member. I want to add my sup- was called to order by the Speaker pro dealing with our intelligence commu- port to the rule and am gratified that tempore (Mr. SMITH of Texas) at 10 nity; and since September 11 he has it is an open rule. o’clock and 56 minutes a.m. particularly provided the strong lead- Mr. Speaker, I would like to share f with my colleagues that I think one of ership that this Congress needed and the more important points that we can GENERAL LEAVE that this Nation has needed in order to make as we move toward making this Mr. GOSS. Mr. Speaker, I ask unani- be able to ensure the American people country a safer place to live, and recog- mous consent that all Members may that Congress and our intelligence nizing that we have turned the page of have 5 legislative days within which to community is doing everything we pos- history on September 11, is the ability revise and extend their remarks on H. sibly can to ensure that another act to share viable and important informa- Res. 458, the legislation just passed. like September 11 never occurs again. tion with our local responders, if you The SPEAKER pro tempore. Is there b 1100 will, or the local leaders that will pro- objection to the request of the gen- Since September 11 of last year, Con- vide the home-based security. tleman from Florida? gress has enhanced the capabilities of With that in mind, I intend to offer There was no objection. the Federal, State and local officials to an amendment, a friendly amendment, f prepare and respond to acts of ter- that I hope my colleagues will consider HOMELAND SECURITY rorism. Information sharing is the key favorably, and that is to ensure proce- INFORMATION SHARING ACT to cooperation and coordination in dures that will allow the information homeland security, and it has become from government whistle-blowers to be The SPEAKER pro tempore. Pursu- ant to House Resolution 458 and rule abundantly more clear that better in- able to be shared within the confines of formation sharing among government the regulations that may be designed XVIII, the Chair declares the House in the Committee of the Whole House on agencies and with State and local offi- by the President of the United States cials needs to be a higher priority. of America. the State of the Union for the consider- ation of the bill, H.R. 4598. The intelligence community of the Mr. Speaker, I hope in this context Federal Government does a great job of we will recognize that information may b 1057 gathering information on terrorist ac- come from a variety of sources, and we IN THE COMMITTEE OF THE WHOLE tivity, but we do a very poor job of would hope the President would then Accordingly, the House resolved sharing that information both hori- design for us the best way that that in- itself into the Committee of the Whole zontally and vertically within our formation should be shared. The idea is House on the State of the Union for the agencies and with State and local offi- to make sure that our Nation is safe, to consideration of the bill (H.R. 4598) to cials. do it with cooperative and collabo- provide for the sharing of homeland se- In the public hearings which our Sub- rative efforts, but also to protect the curity information by Federal intel- committee on Terrorism and Homeland integrity of the information we need to ligence and law enforcement agencies Security held last September and Octo- secure those in the homeland. with State and local entities, with Mr. ber, we heard a recurring theme from This amendment, as I said, is offered RYAN of Wisconsin in the chair. witnesses ranging from New York City in a friendly context to recognize the The Clerk read the title of the bill. Mayor Rudolph Guiliani to Oklahoma importance of information that comes The CHAIRMAN. Pursuant to the Governor Frank Keating. They stressed from those who would be willing to rule, the bill is considered as having the importance of an increased level of provide us the truth. I think as we been read the first time. information sharing between Federal move forward we have all determined Under the rule, the gentleman from intelligence and law enforcement agen- that the key element for safety in- Florida (Mr. GOSS) and the gentleman cies and local and State law enforce- volves finding out the facts and the from Indiana (Mr. ROEMER) each will ment agencies. truth. control 20 minutes. The gentleman Governor Keating even told us a Mr. HASTINGS of Florida. Mr. from Wisconsin (Mr. SENSENBRENNER) story about his State Adjutant Gen- Speaker, I yield back the balance of and the gentleman from Virginia (Mr. eral, a gentleman that he appointed, my time. SCOTT) each will control 10 minutes. who informed the governor he could Mr. GOSS. Mr. Speaker, I yield my- The Chair recognizes the gentleman not share some information with him self such time as I may consume. from Florida (Mr. GOSS). because, as governor, he did not have the right security clearance. Mr. Speaker, I appreciate the re- Mr. GOSS. Mr. Chairman, I yield the The case in Oklahoma is no excep- marks of my colleague, the gentleman balance of my time to the distin- tion. These same types of communica- from the east coast of Florida (Mr. guished gentleman from Georgia (Mr. CHAMBLISS), and I ask unanimous con- tion gaps exist in every State, includ- HASTINGS). Actually, we do note there ing my home State of Georgia. The re- is an east and west, we are one State sent that he be allowed to control the sult is that sheriffs and local officials together, and proud to know each time that is allowed to us on behalf of do not have the same information as other. the House Permanent Select Com- mittee on Intelligence. the governor, who does not have the Mr. Speaker, I yield back the balance The CHAIRMAN. Is there objection same information as the FBI, who does of my time, and I move the previous to the request of the gentleman from not have the same information as other question on the resolution. Florida? local officials. The previous question was ordered. There was no objection. As we fight this war on terrorism, we The resolution was agreed to. Mr. CHAMBLISS. Mr. Chairman, I must make certain that relevant intel- A motion to reconsider was laid on yield myself such time as I may con- ligence and sensitive information re- the table. sume. lating to our national security be in

VerDate 11-MAY-2000 03:37 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.012 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3937 the hands of the right person at the Mr. GOSS. Mr. Chairman, I thank the lect Committee on Intelligence, Sub- right time to prevent another attack distinguished chairman of the sub- committee on Terrorism and Homeland and more needless loss of life. Critical committee for yielding. Security, some months ago. This bill, homeland security information which I wanted to take just a second to like our subcommittee, is a bipartisan Federal agencies and departments col- briefly thank publicly the chairman of effort, and I appreciate his cooperation lect need to be quickly disseminated to the subcommittee and the ranking and real leadership. State and local law enforcement offi- member, the vice chairman of the com- Our subcommittee held a hearing last cials and others who play key roles in mittee, for doing extraordinary work October in New York City to learn the protecting our communities. on behalf of our Nation on the subject first lessons of the September 11 trage- For these reasons, the gentlewoman of terrorism and homeland security. dies. Former Mayor Rudy Giuliani tes- from California (Ms. HARMAN) and I, This really was the first body in Con- tified that our critical priority should along with several of our colleagues, gress that dealt with this subject after be to get information on terrorist ac- including the leadership of the Perma- the tragedies of 9–11. They have done tivities to mayors and local responders. nent Select Committee on Intelligence an amazing job of gathering material, In addition, the National League of as well as the gentleman from Wis- having the right kind of hearings, talk- Cities, several first responder associa- consin (Mr. SENSENBRENNER), the chair- ing to the right type of people. tions and my governor, Gray Davis of man of the Committee on the Judici- We have a report that I guess is going California, agree and support this ef- ary, and the gentleman from Texas through classification review or some- fort to get information into the hands (Mr. SMITH), the chairman of the Sub- thing at this point to make sure we can of those who need it; and not only to committee on Crime, introduced the get as much as possible available to the get the information there but, hope- Homeland Security Information Shar- public as we can do, but this has been fully, to give them information on ing Act. hard work. It has been well managed, what to do in the event of a terrorist This bill will help to eliminate the and it shows Congress doing something threat or terrorist attack. stovepipes that exist in the intel- positive when there is a critical need ligence and law enforcement worlds for the people of the United States. That is what our bill does. It directs with respect to sharing of vital infor- So I want to return very much the the President to create new procedures mation and will assist officials across compliment of the distinguished gen- to share information on terrorist threats across the Federal government government to communicate with each tleman from Georgia (Mr. CHAMBLISS), other. Our bill will increase the level of the gentlewoman from California (Ms. and down to the local government and first responders. After these provisions cooperation between State, local and HARMAN), and thank them very much Federal law enforcement officials. Only for the fine work. They do the Perma- are put in place, police, fire, public when these organizations begin com- nent Select Committee on Intelligence health, EMTs and other first respond- municating on a more regular basis proud. ers will know when the FBI or the CIA and sharing the information that they Mr. CHAMBLISS. Mr. Chairman, I has critical information on a threat to have with each other in relevant com- thank the gentleman for his remarks. their communities. munities can we begin to effectively Mr. Chairman, I reserve the balance Governor Tom Ridge, in talking prepare for and defend ourselves of my time. about the new Department of Home- against future attacks. Mr. ROEMER. Mr. Chairman, I ask land Security, says all the time that I have traveled all across my State of unanimous consent that the gentle- homeland security begins with home- Georgia and listened to the concerns of woman from California (Ms. HARMAN) town security, and that is what we are many of our community leaders and be allowed to manage the time on this talking about. This information will emergency responders, and I am more bill. She is one of the valuable mem- empower the local communities to pro- convinced than ever that we must pass bers of the Permanent Select Com- tect themselves. this legislation. Our police officers, our mittee on Intelligence and one of the The information will supplement the firefighters, our sheriffs and other local key authors, along with the gentleman administration’s homeland security ad- emergency officials need to be in- from Georgia (Mr. CHAMBLISS). visory system by giving responders ac- formed about the threats that may The CHAIRMAN. Is there objection tionable information. If, for example, exist to their communities. to the request of the gentleman from the CIA uncovers a threat to Califor- Georgia sheriffs like John Cary Indiana? nia’s suspension bridges, that threat Bittick of Monroe County, who serves There was no objection. information will be relayed to the gov- as the president of the National Sher- Ms. HARMAN. Mr. Chairman, I yield ernor, to mayors, to police, to Coast iffs Association, or Bill Hutson of Cobb myself such time as I may consume. Guard and transportation officials in County need to know when there is in- I thank the gentleman from Georgia California. Local teams can then react formation relevant to their community (Mr. CHAMBLISS) with whom I have had in a systematic, intelligent way to pre- that will help them do their jobs better a long and productive partnership on vent the threat and notify the public and prevent any type of terrorist at- the House Permanent Select Com- appropriately. mittee on Intelligence. I would also tack. This bill has the support of all The Homeland Security Information like to thank the chairman of the full major law enforcement groups and Sharing Act recognizes two realities, committee for the comments he just other organizations of local officials. that sharing of information is more ef- made. He is graceful, he is competent, The events of September 11 left us fective when unclassified and that we he is bipartisan, and I think much of staring into the eyes of our own short- do not need to reinvent the wheel. comings. In the days following, we the progress we have been able to make began to connect the scattered and on this problem and many others has Intelligence on terrorist threats col- vague messages that in hindsight to do with the kind of leadership he ex- lected by our intelligence community seemed to point to the devastation, but hibits as the chairman of the full com- will be classified. The first responders, hindsight is 20/20. Now we must take mittee, and I really want to say to the the feet on the ground, do not need to the information and move forward. We gentleman from Florida (Mr. GOSS) know how it was collected. They need must act, and our bill will go a long that I am one of his biggest admirers. to know what to do with it. That is way toward helping our law enforce- For those wondering, Mr. Chairman, why the bill relies on stripping the sen- ment officials protect us by giving what Congress’ response to the intrac- sitive sources and methods and trans- them the tools they need to better pro- table problem of information sharing mitting the information through un- tect us. is, the answer starts with this vote. I classified means. I urge my colleagues to join me in am pleased to speak on behalf of H.R. Not only does this get critical infor- supporting this important legislation. 4598, the Homeland Security Informa- mation out to our States and cities, it Mr. GOSS. Mr. Chairman, will the tion Sharing Act of 2002. I introduced protects the dedicated workers of our gentleman yield? this legislation with the gentleman intelligence community. It prevents Mr. CHAMBLISS. I yield to the gen- from Georgia (Mr. CHAMBLISS), the leaks of classified information, and it tleman from Florida. chairman of the House Permanent Se- saves every police and fire department

VerDate 11-MAY-2000 03:37 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.017 pfrm12 PsN: H26PT1 H3938 CONGRESSIONAL RECORD — HOUSE June 26, 2002 across the country from having to in- risking his life from the State police to before this body, and I thank her for vest in security clearance investiga- go undercover to help us solve it. We her hard work. tions and special facilities for handling had meetings with general counsel and This is important for our rural and secret information. a room full of lawyers trying to figure urban communities that want to par- In addition, Mr. Chairman, the out if this was the right thing and what take in preventing terrorism in the fu- United States already shares intel- information could we or should we, and ture, and so I rise in strong support of ligence with our allies. The legislation we always erred on the side of caution, this legislation and want to thank the directs use of existing technology used saying we better not share that infor- chairman of the Committee on the Ju- in sharing information with NATO al- mation. diciary, the gentleman from Wisconsin lies and Interpol. These techniques will This bill helps eliminate those very (Mr. SENSENBRENNER) and the gen- be borrowed and used after this legisla- ridiculous rules that for years put fear tleman from Michigan (Mr. CONYERS), tion becomes law. The information can in the agents who are trying to do the and particularly the gentleman from then be shared through existing infor- right thing. That is why this bill is so New York (Mr. WEINER), for their sup- mation sharing networks, such as important. It will empower agents port in helping improve the legislation NLEST, the National Law Enforcement there through their own good judgment as well. Telecommunications System or the and common sense to deliver the infor- My reading of this legislation, Mr. Regional Information Sharing Sys- mation that they need and they know Chairman, reveals that it is quite sim- tems. These systems already reach they need to deliver to our local law ple and quite productive in what it 18,000 law enforcement offices across enforcement, our local sheriff offices, does. It says to the President of the the country. our local State police institutions, United States that he must help us de- Mr. Chairman, I urge our colleagues other Federal agencies. This bill will vise a system to share information to support H.R. 4598. It is the right bill make that difference and will take from the Federal, national, level with at the right time. We take the step to- down the fear that these agents have of our local communities. wards solving the problems we faced on losing their jobs or worse, in some We have seen some of the problems in 9–11 today. It starts with this bill. It cases losing everything they have communication between the FBI and starts now. I thank the gentleman through civil liability. the CIA, between national and local from Georgia (Mr. CHAMBLISS) for au- This bill is that important, Mr. field offices, and this will help change thoring the bill with me. Chairman, and I, again, I cannot tell the culture and deal with the hurdles Mr. Chairman, I reserve the balance my colleague, from the agents that I and some of the barriers that have been of my time. have talked to, how important this bill put up in the past to make this system Mr. CHAMBLISS. Mr. Chairman, I is and what freeing ability this is going work better in the future. am pleased to yield 3 minutes to the to have to them to in a responsible way We also see that the President has gentleman from Michigan (Mr. ROG- communicate the kinds of information two steps that he can take in devising ERS), a former FBI agent. that is going to make it safer for fire- this system: one is to declassify infor- Mr. ROGERS of Michigan. Mr. Chair- fighters and EMT folks out there, for mation, to declassify this information man, I would like to thank the gen- emergency room workers who are and, therefore, make it more shareable, tleman from Georgia for yielding me going to deal with some of these trage- if that is a word, a better sharing sys- the time, and I want to commend him dies, for every level of law enforcement tem with the local community; sec- on his work and his leadership on this in this country. ondly, is to provide clearances for the issue, and I have to tell him, as an This is that last bastion, that last local community so that they can get agent who worked in the field, next to hurdle that is going to stop us from this information, glean from it, get it the PATRIOT Act and I think at equal doing good things. Had this bill been in out, and hopefully prevent the next stature is this bill. I think the bill is place, we could have shared a lot of in- terrorist act from happening. that important to the future security formation with the State police and I think this is very important, very of the United States of America. I want maybe even broadened our net a little intelligent; and I think the gentleman to again applaud him from every agent bit and protected him to a degree that from Georgia (Mr. CHAMBLISS) and the in the field who is struggling to make we really were not allowed under the gentlewoman from California (Ms. a difference today. This bill will make law to do when I was an FBI agent. HARMAN) have really come up with a a difference for the safety and security Again, I would hope that this body good system to provide a way to fill in of this Nation. would have quick action on this bill some of the gaps and the seams and the I want to tell this story. We often and stand up and salute the work of all, holes that exist in the current system. forget, and sometimes in this town we from the minority to the majority I do want to say that I think this leg- are so quick to find a villain we forget party, who worked so hard on this bill islation also answers two important about finding the solution. Over time to make a difference for this country questions for the future. One is we have what we have done to the agents in the and the agents that are doing the work. a lot of information out there. How do field was, and we would hear the argu- we make this information knowledge? ments, well, they are not cooperating b 1115 How do we provide this information so because one agency thinks they are Ms. HARMAN. Mr. Chairman, I yield it is actionable for our local commu- better than the other. Simply not so. 3 minutes to my colleague, the gen- nities rather than simply a color code When we were agents, there are bar- tleman from Indiana (Mr. ROEMER), of red or yellow? How does this infor- riers that were put in place that pro- who is a member of our subcommittee mation get translated into actionable hibited us from communicating infor- and one of our hardest-working part- information that helps the local com- mation to local law enforcement offi- ners on issues like these. munity move forward to prevent ter- cials. I had a case as a new agent where (Mr. ROEMER asked and was given rorist activity? I was able to work a State police offi- permission to revise and extend his re- The second question is how do we de- cer undercover into a group of self-pro- marks.) vise this system for the homeland secu- claimed anarchists who were going to Mr. ROEMER. Mr. Chairman, I want rity department to actually implement do some damage by building bombs and to first of all commend the gentleman this in the future? The more informa- delivering these bombs to kill Federal from Georgia (Mr. CHAMBLISS) and the tion we get out there on these merging judges in institutions owned and oper- gentlewoman from California (Ms. questions, the integration questions, ated by the Central Intelligence Agen- HARMAN) for their hard work on this bi- the intelligence and analytical ques- cy. partisan legislation. The gentleman tions for the homeland security depart- Here is the dichotomy we got into. from Georgia has been a leader from ment, the more we have to move intel- Because of the information we were de- his position on the subcommittee, and ligently and wisely to get it right, veloping in this case, we were not al- the gentlewoman from California has rather than simply moving to get it lowed by law, by rule, to share some of shown dogged determination and real done by September 11. the information that we were devel- intellectual insight in helping craft This is a very, very big question for oping with the very agent who was this legislation and putting it forward us in the future, and I hope that this

VerDate 11-MAY-2000 03:37 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.019 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3939 legislation will help us move forward Federal agencies to determine the ex- goes without saying that the Federal to get the homeland department right tent to which classified and unclassi- Government must be able to provide in the future; and so again I congratu- fied, but sensitive, information may be homeland security information to late the gentlewoman from California shared with State and local officials on those officials. H.R. 4598, as amended, and the gentleman from Georgia. a need-to-know basis. will help to disseminate homeland se- Mr. SENSENBRENNER. Mr. Chair- To share this information with State curity information quickly and effi- man, I yield myself such time as I may and local officials, Federal agencies ciently while protecting classified consume. must use information-sharing systems sources and methods information. Mr. Chairman, this country is at war that are capable of transmitting both This legislation is vital to improving against a craven enemy: terrorists. unclassified and classified information homeland security, and I urge my col- Their main purpose is to kill Ameri- in a restricted manner to specified sub- leagues to support it. cans, whether they are babies or the el- groups and be accessible to the appro- Mr. Chairman, I reserve the balance derly. We know that this enemy is liv- priate State and local personnel and of my time. ing here in the United States as well as Federal agencies. Mr. CHAMBLISS. Mr. Chairman, I abroad. During consideration of H.R. 4598, the yield 1 minute to the distinguished As a result, this country is at war Committee on the Judiciary adopted gentleman from Florida (Mr. FOLEY). with no borders or fronts. Thus, it will an amendment to ensure that the new Mr. FOLEY. Mr. Chairman, let me often be the first responders, local po- procedures contained adequate privacy first thank the chairman of the Com- lice, firefighters, emergency respond- protections. The bill directs the Presi- mittee on the Judiciary for that out- ers, that will confront this enemy when dent to include conditions in the proce- standing explanation of the bill, and I we are threatened or attacked at home. dures that, first, limit the redissemina- thank my colleagues, the gentleman First responders, however, cannot tion of such information to ensure that from Georgia (Mr. CHAMBLISS) for his adequately prepare and respond to such the information is not used for an un- expert opinion on this issue and his threats without receiving appropriate authorized purpose; second, ensure the hard work and dedication, and I want threat information, nor will the Fed- security and confidentiality of such in- to take a moment to single out two eral Government be able to respond ap- formation; third, protect the constitu- Floridians. propriately without receiving informa- tional and statutory rights of any indi- There has been a lot of concern about tion from State and local officials. We viduals who are subject to such infor- terrorist activities in our country, and must have a comprehensive informa- mation; and, fourth, provide data in- some people have been second-guessing tion-sharing system that involves all tegrity through the timely removal some of our great agencies. There have levels of government. and destruction of obsolete or erro- been two notable Floridians, Senator In order to better be able to prevent, neous names and information. BOB GRAHAM and the gentleman from Additionally, the committee adopted disrupt, and respond to a terrorist at- Florida (Mr. GOSS), who are Chairs of an amendment which was a modified tack, the Federal Government must the Permanent Select Committee on version of H.R. 3285, the Federal Local improve, first, information sharing; Intelligence on the House side and the Information Sharing Partnership Act second, analysis of the information; Senate Select Committee on Intel- of 2001, a bill introduced by the New and, third, coordination. All three are ligence on the Senate side, and I have York delegation. This amendment ex- interdependent and vital for a strong to praise them for their handling of tends the information-sharing provi- homeland security system. this information and the way they sions in the PATRIOT Act to State and Congress recognized the information- have been able to work together as col- local officials. Currently, Federal offi- sharing problems immediately after 9– leagues across the aisle and across the cials cannot share surveillance and in- 11 and passed the U.S.A. PATRIOT Act Chambers in trying to develop a com- telligence information with State and that provided for enhanced investiga- prehensive terrorism strategy and a local officials. This amendment allows tive tools and improved information homeland security strategy. for such sharing. sharing for the Federal law enforce- Current law does allow a Federal I also want to applaud the agencies ment and intelligence communities. Government attorney to disclose, with themselves. It is time that America The enhanced law enforcement tools a court order, grand jury information lifts up its heart and wishes the best and information-sharing provisions to State and local officials related to for every agency and every American, have assisted in the prevention of ter- Federal criminal law matters. The rather than the cynical second-guess- rorist activities and crimes which fur- amendment expands the type of grand ing of people and the Monday morning ther such activities. jury information available for sharing quarterbacking and the reflections in To protect privacy, the PATRIOT to include information pertaining to the rear-view mirror. Let us look for- Act, first, limited disclosure to foreign foreign intelligence, foreign counter- ward as a Nation to provide for the intelligence and counterintelligence in- intelligence, foreign intelligence infor- common defense, to protect our com- formation, as defined by statute; sec- mation, and domestic threat informa- munities, to salute the fine men and ond, restricted disclosure to only those tion. Domestic threat information is women who make up these agencies. officials with the need to know the in- not covered in the U.S.A. PATRIOT Let us not sit here and have a pity formation in the performance of their Act. This information needs to be cov- party. Let us work together. duties; and, third, maintained the lim- ered, but often it is not clear as to I also want to commend the gentle- its on public or other unauthorized dis- whether threats result from inter- woman from California (Ms. HARMAN), closure. national or domestic terrorism. The who has done a tremendous job ex- What the PATRIOT Act did not do amendment also authorized Federal plaining on national network some of was address the need to share home- criminal law information to be shared the intricacies of what we are dealing land security information with State with foreign officials with court ap- with. I know my constituents are very, and local officials. The process by proval. very pleased and proud when they see which Federal agencies share informa- The amendment contains safeguards Democrats and Republicans explaining tion with State and local officials is against the misuse of grand jury infor- to the American public what we are complicated due to the classified and mation. The information may only be doing relative to homeland security, to sensitive nature of much of the infor- disclosed for the specified purpose of give us security, to make us feel bet- mation and the need to provide the preventing and responding to a threat. ter, and to also let us know we are States and localities with this informa- Additionally, recipients may only use fighting terrorism. tion in an expedient manner. the disclosed information in the con- Ms. HARMAN. Mr. Chairman, I yield This bill helps to address this per- duct of their official duties as is nec- 2 minutes to the gentleman from Geor- plexing issue. This important legisla- essary, and they are subject to the re- gia (Mr. BISHOP), another member of tion was reported out of the Committee strictions for unauthorized disclosures, our committee and I will also thank on the Judiciary on June 13, 2002, after including contempt of court. him for his leadership, and, at the same an extensive markup. It requires the State and local officials will be the time, thank my colleague from Florida President to establish procedures for first to respond to a terrorist attack. It for his kind comments.

VerDate 11-MAY-2000 03:37 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.021 pfrm12 PsN: H26PT1 H3940 CONGRESSIONAL RECORD — HOUSE June 26, 2002 Mr. BISHOP. Mr. Chairman, I rise in the barriers for doing so. The discre- communities so they are able to pre- strong support of this bill, H.R. 4598. tion will still remain with the Federal pare and protect those in their commu- Mr. Chairman, the great failure of entity that possesses the information. nities. September 11 was our failure to me- This bill as amended and reported out H.R. 4598 ensures that information thodically analyze and share among of the Committee on the Judiciary fo- sharing, both horizontally and our Federal and local authorities crit- cuses on procedures to strip out classi- vertically, exists by directing the ical intelligence information. The task fied information so that State and President to develop procedures by before Congress today is to provide local officials may receive the informa- which Federal agencies will share secu- greater transparency in the informa- tion without clearances. rity information with State and local tion-sharing process so that police offi- The bill also removes the barriers for personnel. Further, it ensures that in- cers, sheriffs, elected officials and State and local officials that prevent formation-sharing systems have the ca- other emergency responders can ex- them from sharing intelligence infor- pability to transmit classified and un- change vital information while also mation with Federal officials. classified information. protecting the critical sources and The September 11 terrorist attacks Mr. Chairman, I thank the gentleman methods that are used in gathering made it clear that the Federal Govern- from Georgia (Mr. CHAMBLISS) and the such information. ment must improve its ability to col- gentlewoman from California (Ms. The bill before us today, the Home- lect, share and analyze information. HARMAN) for their hard work on this land Security Information Sharing The USA PATRIOT Act and this bill legislation. Act, answers this calling. Specifically, address that pressing need. Ms. HARMAN. Mr. Chairman, I yield it directs the President to develop pro- Mr. Chairman, America must have a 2 minutes to the gentleman from Maine cedures by which Federal and local comprehensive information exchange (Mr. BALDACCI). agencies and personnel share security system that will allow those on the Mr. BALDACCI. Mr. Chairman, I information. It ensures adequate secu- front line, our State and local officials, thank the gentlewoman for yielding me rity in the dissemination and trans- to detect and prevent a terrorist at- this time and also her leadership and mission of classified or unclassified in- tack. H.R. 4598 helps to create just that the leadership that the caucus has formation based on a recipient’s need system. brought to this important issue. to know. It protects the legal and con- Mr. CHAMBLISS. Mr. Chairman, I I believe this is one of the singular, stitutional rights of individuals by re- yield 2 minutes to the gentleman from most important issues next to the de- quiring that shared information is cur- Nevada (Mr. GIBBONS), a cosponsor of velopment of the homeland depart- rent, factually accurate, and used only this legislation. ment, is to make sure that this coordi- for the authorized purpose for which it Mr. GIBBONS. Mr. Chairman, I nation of information happens. was obtained or disseminated. thank the gentleman for yielding me We know first hand in Portland, Finally, it safely and responsibly pro- this time. Maine, where a couple of the terrorists vides authorized State and local offi- Mr. Chairman, I rise not only as a co- had boarded the plane, to have gone cials access to certain types of sen- sponsor of this bill and also supporter through the security screening and not sitive information, including foreign of the bill but also to urge my col- to have that information disseminated intelligence and grand jury informa- leagues to support this vital legislation to the local law enforcement that was tion, consistent with the Justice De- as we vote on it today in this body. available at the Federal level with Fed- partment and CIA agency guidelines. There has been a growing theme, Mr. eral law enforcement is just com- Mr. Chairman, transparency must be Chairman, that Congress must take pletely unacceptable. the goal of any homeland security pro- this opportunity to address the lack of I think this legislation which I am posal. This legislation fulfills our re- information sharing among some of our cosponsoring directing the administra- sponsibility to the American people by Federal agencies. tion to develop procedures for Federal providing authorized professionals with As a member of the Permanent Se- agencies to share this information, the best, safest, and most accurate in- lect Committee on Intelligence, I have both declassified and classified, is ap- formation available in the most effi- heard testimony about how some of propriate with State and local authori- cient manner possible. these agencies do not share informa- ties. This bill requires the CIA and the Mr. SENSENBRENNER. Mr. Chair- tion in a way that best protects our Department of Justice to prescribe pro- man, I yield 3 minutes to the gen- homeland. To put it another way, not cedures in accordance with Presi- tleman from Texas (Mr. SMITH), the all of the dots are being connected. In- dential directives with Federal agen- chairman of the Subcommittee on ternally, some agencies, like the FBI, cies to share homeland security infor- Crime, Terrorism and Homeland Secu- may connect some of the dots, the CIA mation with State and local authori- rity of the Committee on the Judici- may connect some of the dots, and the ties. These Federal agencies would also ary. Mr. SMITH of Texas. Mr. Chairman, I Border Patrol and Customs may con- be required to provide to State and thank the chairman of the Committee nect some of the dots. But if all of our local authorities an assessment of the on the Judiciary, the gentleman from efforts fail to present a complete pic- credibility of such information. ture, we are likely to face a tragedy This legislation is going to go a long Wisconsin (Mr. SENSENBRENNER), for yielding me this time. perhaps worse than those we faced on way to further enhancing the relation- Mr. Chairman, H.R. 4598, the Home- September 11. ship between the Federal, State and land Security Information Sharing The current stovepipe barriers that local governments so we can together Act, was approved by the Sub- prevent timely information sharing protect Maine and the Nation’s home- committee on Crime, Terrorism and must stop. Never before in our Nation’s land security. Homeland Security on June 4 and by history has communication sharing Mr. SENSENBRENNER. Mr. Chair- 1 the full Committee on the Judiciary on among our national security agencies man, I yield 2 ⁄2 minutes to the gen- June 13. been as imperative nor as important as tleman from Pennsylvania (Mr. This bipartisan bill was introduced it is today. GEKAS). by the gentleman from Georgia (Mr. While information sharing hori- Mr. CHAMBLISS. Mr. Chairman, I CHAMBLISS), the chairman of the Sub- zontally must improve, our local law yield 1 minute to the gentleman from committee on Terrorism and Homeland enforcement and first responders de- Pennsylvania (Mr. GEKAS). Security of the House Permanent Se- mand that we achieve vertical integra- Mr. GEKAS. Mr. Chairman, I thank lect Committee on Intelligence, and tion in information sharing as well. the gentlemen for yielding me this the gentlewoman from California (Ms. As we have all heard from our con- time. stituents back home, the first respond- Mr. Chairman, we were very much HARMAN), the ranking member of that subcommittee. ers are the people who play key rolls in impressed by the remarks given by our protecting the communities in which colleague from Michigan, the former b 1130 they serve. Our police, firefighters, FBI agent, about the personal experi- This bill does not mandate the shar- medical personnel must be informed of ence he had with the vacuum that was ing of information but rather removes the threats that exist within their left when information did not percolate

VerDate 11-MAY-2000 03:37 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.022 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3941 very quickly and was not shared imme- Mr. Chairman, I yield 2 minutes to The CHAIRMAN pro tempore (Mr. diately, to the detriment of an inves- the gentleman from Massachusetts SIMPSON). Without objection, the gen- tigation to which he was a part. (Mr. TIERNEY). tleman from Michigan (Mr. CONYERS) is Every Member in Congress has some Mr. TIERNEY. Mr. Chairman, I rise recognized for 10 minutes. kind of situation which he can relate in to support a bill to help local officials There was no objection. which sharing of information was not and our emergency responders better Mr. CONYERS. Mr. Chairman, I yield what it should have been. I myself a protect our communities. I am a proud 3 minutes to the gentleman from New few months ago was part of a scenario cosponsor of H.R. 4598, the Homeland York (Mr. WEINER). in which the Nuclear Regulatory Com- Security Information Sharing Act. Mr. WEINER. Mr. Chairman, I thank mission issued what it felt was a cred- We need this bill so we can promote the gentleman from Michigan (Mr. ible threat to Three Mile Island and re- the sharing of critical homeland secu- CONYERS), the gentleman from Virginia ported the essence of that credible rity threat information between Fed- (Mr. SCOTT), the gentlewoman from threat to the operators of Three Mile eral law enforcement and intelligence California (Ms. HARMAN), and the gen- Island. This was 6 or 6:30 p.m. At 1 agencies and State and local officials, tleman from Georgia (Mr. CHAMBLISS) a.m., when an all-clear was sent forth, including our first responders. We need for helping bring this bill to the floor. we learned for the first time that the to do this for the families who lost We do not have to look far into the first responders, the township officials, loved ones on September 11 and in the realm of the hypothetical to see why the State officials, the county officials October anthrax attacks, for the Amer- this bill was necessary. When anthrax who were responsible in and around ican people who expect us to protect was found at the NBC building at New Three Mile Island, some of them did them, and for our children so that fu- York City several months ago, the De- not hear about this credible threat for ture generations can grow up in a free partment of Health was not notified. several hours following the institution and open society. The New York City Police Department of it by the Nuclear Regulatory Com- We can and must do so while pro- was not notified. In fact, the Police mission, and some never heard a thing tecting people’s constitutional rights Commissioner and the Mayor found out about it. and civil liberties by requiring that by watching television news. We do not know to this day why local Happily nothing happened, and it any information that is shared must authorities were not notified, but we turned out not to be a credible threat, not be used for any unauthorized pur- can figure it out by reading the current but we were alarmed. So we convened a pose, and that the procedures must en- law of the land. We can figure out it meeting of all of the people who should sure the security and confidentiality of have been involved in the sharing of in- was probably a Federal agency, prob- the information, as well as remove or ably the FBI that was notified, and formation, from the initial first re- delete obsolete or erroneous informa- sponders in and around Three Mile Is- since they might have found out about tion. this information via a wiretap or grand land straight up to the State agency, I cosponsored this bill because first jury testimony, they were prohibited and thus we now have in place a set of responders from across my district positions that will more easily under- by the law of the land from even let- have contacted my office asking for ting New York City know. take the sharing of information and the means to receive credible and spe- deal with any kind of threat. cific threat information in order to b 1145 Just yesterday, I and several other prevent or respond to terrorist attacks. Imagine if it were even worse than Members participated in a war game at The fact is, our local first responders that anthrax attack. Imagine if in the Fort McNair sponsored by Secretary of face real threats. They need real infor- course of a wiretap about some other Defense Rumsfeld and Secretary of Ag- mation and real resources to protect related case, someone says, ‘‘This deal riculture Veneman which portrayed a our communities. is going to go down tomorrow in the scenario to determine whether Mem- This bill is an important first step. It bers of Congress can come up with rec- New York City subway system. We are says we will be full partners in this ac- ommendations to the President if such going to release sarin gas,’’ or ‘‘We are tion against terrorism. The partnership a thing would really happen; and 80 going to try to derail a train.’’ Can you is critical in protecting communities percent of it, I must relate to the Mem- imagine if it were the FBI alone, since and saving lives. bers, had to do with sharing of infor- they gathered the information and We all agree that, since September mation and communication of informa- were prohibited by law in the way they 11, America’s heroic first responders tion on the spot as the threat was de- gathered it, going into every subway have risen to the occasion, protecting veloping under the war game. station and trying to figure out where We learned in this war game that the communities as the first line of defense they should be to try to stop this? essence of any kind of preparation for against terrorism. In my district, as They could not call the New York our society, our neighbors, our fami- across America, they have marshaled City mass transit authority, they could lies, our municipalities, is the instant the resources to track down leads on not call the transit authority police communication among them of what is potential terrorist threats, to buy that have been responsible for driving happening and the sharing of informa- more equipment, from upgraded weap- crime down in the City of New York tion across the board for the prepara- ons to technology to biohazard suits subways. They would have had to go tion to meet a threat in the best pos- and masks. They have increased down and try to figure out a way to sible way. hazmat training for handling sus- navigate that threat on their own. So we all are in a position now to picious packages and stepped up pa- There is a reason, perhaps, that these support this piece of legislation which trols around potential targets like prohibitions were in place. Maybe there will aid all of us in the completion of a water and gas supplies, power plants, is a concern, and it is a legitimate one, cycle in which sharing of information harbors and airports. about having information that comes will be more vital than ever. Now it is time for us to step up and as very sensitive falling into the wrong Ms. HARMAN. Mr. Chairman, I yield help them. While our first responders hands. That is why the bill that the 30 seconds to myself. appreciated our praise, they do not gentleman from Georgia (Mr. Mr. Chairman, the perspective just need our rhetoric. They need our infor- CHAMBLISS) and the gentlewoman from offered is very helpful to us as we con- mation, and they need resources. This California (Ms. HARMAN) have drafted sider this legislation. This is an effort bill is the first step to allow that to is smart by saying that the Attorney to empower local officials on whose happen. We need to press the adminis- General does not have to turn over real estate future terrorist acts will tration to release direct funding to every piece of information, does not occur. Without useful information, local first responders and to give them have to say, ‘‘Well, we have a box of they and the citizens who live in those credit for $1.5 billion already spent in grand jury information. Let’s give it to places will not know what to do, and if this effort. every sheriff’s department that might they do not know what to do, they will Mr. CONYERS. Mr. Chairman, I rise be so implicated,’’ but it does at least panic. That is exactly what the terror- on behalf of the Committee on the Ju- allow them to do it if need be. ists want, and I appreciate the gentle- diciary to claim the time for the mi- Mayor Giuliani before he left office man’s comments. nority. approached this Congress and spoke

VerDate 11-MAY-2000 01:06 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.025 pfrm12 PsN: H26PT1 H3942 CONGRESSIONAL RECORD — HOUSE June 26, 2002 publicly about the need to have this in- communicate what is known, but we of any individuals who are subjects of formation in certain circumstances. He need to make every effort to ensure such information, and to provide data said, ‘‘We need the information, and we that this information is circulated just integrity through the timely removal need it right away. Otherwise, we are to those who actually need it and not and destruction of obsolete and erro- going to make a terrible, critical mis- spread all over town so that the neous names and information so that take.’’ What Mr. Giuliani was talking chances are increased that someone’s people who are just kind of generally about is a mistake of omission, exclud- neighbors or friends who happen to suspicious would not have their whole ing from the chain of information peo- work for the government agencies lives and reputations ruined as a result ple who needed the information. might see it unnecessarily. of information that was shared with I share the concerns that some raised This bill, because of the hard work of local authorities even though they in committee that we do not want this those involved, strikes that appro- might not be guilty of anything or information to chip away at the con- priate balance. It is slightly different even involved in anything either di- fidentiality of the grand jury. We do from the Senate version of the bill rectly or indirectly. not want wiretap information falling which tightens the language in regards We have done a great service to add into the wrong hands. But at the very to privacy and limitations on the kinds this language in the Committee on the least, if someone runs into the Attor- of information which will be subject to Judiciary. There are still some con- ney General’s office with a hot piece of the provisions of the bill. I would hope cerns, perhaps, about the use of grand information of an impending threat, I that the conferees will adopt the Sen- jury information and other aspects of would hate to have the Attorney Gen- ate language. It is not inconsistent this. I think the Senate is addressing eral’s counsel say, ‘‘Boss, you can’t let with the goals of the bill. some of those concerns on the Senate the City of New York know about this. But I must also add that the bill es- side, but we clearly need to move this You can’t let the City of Detroit know tablishes just a framework for regula- bill forward, get it into conference and about this. You can’t let a locality tions to be developed. It is therefore work out some of these other details, that might need to know about this important that those who develop the because local authorities really need to know about it.’’ regulations and those who implement be in the loop when it comes to pro- This is what this seeks to address. the regulations follow not only the let- tecting us from terrorism. This bill There has been a great deal of talk ter of the law but also reflect the bi- would certainly allow that to happen. about the way we need to get different partisan spirit by which this bill was Mr. CONYERS. Mr. Chairman, I yield levels of government connecting the developed. the balance of my time to the distin- various dots. This piece of legislation Again, I want to thank the gentle- guished gentlewoman from Texas (Ms. does it better than anything we have woman from California, the gentleman JACKSON-LEE). done yet to date. from Georgia and the gentleman from The CHAIRMAN pro tempore (Mr. Mr. CHAMBLISS. Mr. Chairman, I New York for their hard work on this SIMPSON). The gentlewoman from yield myself such time as I may con- legislation. Texas (Ms. JACKSON-LEE) is recognized sume just to commend the gentleman Mr. CONYERS. Mr. Chairman, I yield for 2 minutes. from New York for his real insight into 3 minutes to the eloquent gentleman Ms. JACKSON-LEE of Texas. Mr. the practicalities of this issue. His from North Carolina (Mr. WATT). Chairman, I thank the distinguished amendment which was filed in the Mr. WATT of North Carolina. Mr. gentleman for yielding me this time. Committee on the Judiciary was read- Chairman, I thank the gentleman for Let me offer my applause to the pro- ily accepted by the gentlewoman from yielding me this time. I rise in support ponents of this legislation, the gen- California (Ms. HARMAN) and myself be- of this legislation. tleman from Georgia (Mr. CHAMBLISS) cause it gets right to the core of the In the days following September 11, and the gentlewoman from California practical problem out there and also Congress acted very quickly to pass the (Ms. HARMAN) from the Permanent Se- allows for additional information to be PATRIOT bill. Some of us thought that lect Committee on Intelligence. redacted, declassified and get in the some of the provisions in that bill per- I rise to support this legislation and hands of the right people at the right haps overstepped the bounds, and some to point out one or two matters that I time and within real time. I commend of us voted against it because we were think are very important. That is, as a the gentleman for his insight and for concerned about its implications for member of the Committee on the Judi- his thoughtfulness on this issue. His individual liberties. In the days since, ciary, the concern, as my colleagues particular amendment will go a long what has become very, very apparent is have already mentioned, with the pres- way toward saving additional lives of that it does not do any good for the ervation of the sanctity of the grand Americans. CIA and the FBI and Federal law en- jury testimony or of grand jury testi- Mr. Chairman, I reserve the balance forcement agencies to have informa- mony, recognizing the importance now of my time. tion that would help us combat ter- even more past September 11. The hor- Mr. CONYERS. Mr. Speaker, I am de- rorism and respond to it without bring- rific acts of September 11 certainly, as lighted to yield 2 minutes to the gen- ing local law enforcement and agencies I have said often, turned the page as to tleman from Virginia (Mr. SCOTT), a into the equation and sharing that in- how we do business in America, but valued member of the Committee on formation with them, not necessarily certainly now even more after that the Judiciary. the full ambit of the information that time frame, after the attack, if you Mr. SCOTT. Mr. Chairman, I thank we have but, subject to certain guide- will, of anthrax, we have come to un- the gentleman for yielding me this lines, sharing that information with derstand the viability and the impor- time. I particularly want to thank the them. tance of first responders and the local gentleman from Georgia, the gentle- When this bill came before the Com- communities. woman from California and the gen- mittee on the Judiciary, some of us ex- This legislation confirms for us that tleman from New York for their hard pressed concerns and offered an amend- there must be exchange, there must be work on this bill. ment that would put some parameters dialogue on the issues of homeland se- It is absolutely necessary, Mr. Chair- around this second-stage process of curity, on the issues of information, man, to provide a mechanism for sharing information with local authori- but we must be reminded that, as we go meaningful communication of sensitive ties. The Committee on the Judiciary forward, it is important for the Presi- information to local and State officials added language which I think is abso- dent, the administration, the executive so they can take appropriate action to lutely critical to this bill which would branch, to define and determine how protect citizens from terrorist attacks. make sure that the information limits that information on the Federal level Much of this information will, by ne- the redissemination of such informa- is discerned and interpreted and trans- cessity, be sensitive, often derogatory tion to ensure that such information is mitted. information which will be circulated not used for an unauthorized purpose, I offered amendments in the larger without the target of the information to ensure the security and confiden- body that I believe help to enhance this ever being able to respond. For public tiality of such information, to protect legislation. I look forward to offering a safety reasons, we have to be able to the constitutional and statutory rights prospective amendment as well that

VerDate 11-MAY-2000 01:06 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.028 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3943 was proposed but not offered. When I consider the department of homeland As we conclude our general debate on say proposed, there was an interest in security concept, which I support as an this bill, I too would like to, first of but it was not put forward at the com- original cosponsor of the bill intro- all, recognize and thank the great lead- mittees. But I will say that the lan- duced by the gentleman from Texas ership that we have had from the Com- guage that adds public health security (Mr. ARMEY), we need to remember mittee on the Judiciary, from the gen- in the bill is important, that it ensures that the point is not the best arrange- tleman from Wisconsin (Mr. SENSEN- that those who are involved in public ment of the deck chairs, the point is BRENNER), the chairman of the com- health security as well will receive in- how to empower our first responders mittee, to the gentleman from Michi- formation and as well the emphasis or and all Americans to have the critical gan (Mr. CONYERS), the ranking mem- the adding that rural and urban com- information they need to know what to ber, to the gentleman from Texas (Mr. munities, those first responders there, do. SMITH), the chairman of the sub- will be particularly not highlighted but This bill is all about that. It is about committee, and the gentleman from noted that those areas have to have an making sure that the beginning of the Virginia (Mr. SCOTT), the ranking opportunity to receive information in a process is empowered. I think it is one member of that subcommittee. balanced way throughout the Nation. of the most important contributions We have had an open dialogue on this I would offer to support this legisla- we can make and very consistent with issue, an issue that all of us, irrespec- tion with the constraints that it has what our subcommittee heard at the tive of what party or what side of that and applaud the proponents of this leg- first hearing after 9–11 in New York party one comes from, recognize that islation as well as the distinguished City. this is a bill about what it takes to chairman and ranking member of the Many are saying that we do not real- make America safer and what it takes Committee on the Judiciary. ly need a department of homeland se- to assist our law enforcement officials Ms. HARMAN. Mr. Chairman, I yield curity because it does not fix the real and ensuring that we do, as the Presi- myself such time as I may consume. problem, which is the lack of collabo- dent says, eradicate this war on ter- I think this has been a very useful ration between the CIA and the FBI, rorism. debate and would just like to under- which are not formally moved over to I also want to thank again the gen- score several points. that new department. I do not think tleman from Florida (Mr. GOSS), our First of all, as my coauthor, the gen- they should be moved, but I do agree chairman of the Permanent Select Committee on Intelligence, and the tleman from Georgia (Mr. CHAMBLISS), there is a real problem and that prob- has said, the House Committee on the lem is about information sharing. This gentlewoman from California (Ms. Judiciary has made a substantial con- bill addresses that problem. PELOSI), our ranking member, for their strong leadership. Their cooperation tribution to this bill. We have heard b 1200 from the gentleman from New York helped us move this forward. I particu- Finally, let me say that if we think larly want to say thanks to my rank- (Mr. WEINER), the gentleman from about what the major problems are in ing member, the gentlewoman from North Carolina (Mr. WATT), the gen- our effort to develop an effective strat- California (Ms. HARMAN). She has al- tleman from Virginia (Mr. SCOTT), the egy for homeland security, information ready stated a number of times in what gentleman from Wisconsin (Mr. SEN- sharing is certainly one. The other big a bipartisan way we have worked, and SENBRENNER) and the gentleman from one we do not address here, but it is a we truly have. She provides good, Texas (Mr. SMITH) about a number of big one that we will address I hope strong leadership, advice and council; issues that they have had concerns shortly, is interoperability. Our first and she has been a great asset to the about, and a number of changes they responders need information, but then committee, and she has been an even have made to this legislation when it they need to be able to talk to each greater asset to the subcommittee. It went through their committee. I just other, to communicate in real-time is unfortunate that the bipartisan atti- want to salute them for a very con- with all of those who are with them tude that we have on our sub- structive contribution to making this trying to deal with whatever the threat committee does not translate over to legislation better. is, hopefully to prevent it or disrupt it, all of the work that we do in this com- Second, I would like to underscore but if not, to respond to it. So I hope mittee; we would probably get a lot the importance of bipartisanship. This that soon we will also take up that im- more done. But I do thank her for the is a constant refrain of mine. I rep- portant issue. great work she has done and the great resent a very bipartisan district. I have On that point, Mr. Chairman, I would cooperation she has given us here. often pointed out that I do not believe mention to our colleagues that Gov- Mr. Chairman, this is a major piece the terrorists will check our party reg- ernor Ridge was here yesterday testi- of legislation. I do not think we can istration before they try to blow us up. fying before the House Committee on say that enough. As the gentleman Therefore, it is absolutely critical that Energy and Commerce on which I from Michigan (Mr. ROGERS) mentioned we face the problems of homeland secu- serve. We talked about that issue. He a little bit earlier, if he had had this rity as American problems, not as par- does support the notion of bridging piece of legislation in place 8 years tisan problems. This legislation cer- technologies, and there are existing ago, it would have gone a long ways to- tainly does this. It was introduced vir- technologies to deal with that point. ward helping him solve a particular tually unanimously by the House Per- So for all of these reasons, Mr. Chair- crime against the United States of manent Select Committee on Intel- man, I think we have good legislation America when he, as a special agent of ligence, and that was a very good be- here. It was made better by the Com- the FBI, was handicapped. The laws are ginning. I believe that the best legisla- mittee on the Judiciary; it was made in place today regarding the ability to tion we produce here is bipartisan, and better by bipartisanship. It really em- share information with our State and this is an example of it. phasizes a bottom-up process. It helps local officials. I also want to salute again the really deal with the problems between the This is the first step in moving to es- very special leadership of the chairman FBI and the CIA, and it is one of the tablish and restructure the Govern- of the House Permanent Select Com- major problems that we have to ad- ment of the United States and to cre- mittee on Intelligence, the gentleman dress. I would like to salute my col- ate the Department of Homeland Secu- from Florida (Mr. GOSS). His style is league and partner, the gentleman rity. We cannot guarantee the preven- enormously productive on that com- from Georgia (Mr. CHAMBLISS), and tion of another attack of terrorism, do- mittee, and I think his experience is thank him for his efforts on this bill. I mestically or abroad, whether it is enormously helpful to us as well. He urge the strong and, I hope, unanimous against assets or against people of the sets an environment in which people support of this body for this legisla- United States; but without legislation like the gentleman from Georgia and I tion. such as the Homeland Security Infor- can be our most productive in this Con- Mr. Chairman, I yield back the bal- mation Sharing Act, we certainly raise gress. ance of my time. the chances of the possibility of an- The third point is that homeland se- Mr. CHAMBLISS. Mr. Chairman, I other act of terrorism occurring. curity is a bottom-up problem, not a yield myself such time as I may con- Again, I applaud the great support top-down problem. As we continue to sume. from a bipartisan standpoint that we

VerDate 11-MAY-2000 01:06 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.030 pfrm12 PsN: H26PT1 H3944 CONGRESSIONAL RECORD — HOUSE June 26, 2002 have had as this bill has moved and enhance information sharing. H.R. 4598 you or someone you know. Often times, offi- through the process. I urge all of my will immediately strengthen our homeland se- cials at the state and local level are first-line colleagues to support this measure. curity apparatus while the new Department is responders to these attacks. Ms. PELOSI. Mr. Chairman, I am pleased being implemented by directing the President The bill is not perfect. The more broadly in- that the Homeland Security Information Shar- to develop procedures by which the federal formation is shared, the greater the danger it ing Act of 2002 is before the House. agencies will share homeland security infor- will be improperly disclosed. I think we all Let me begin by complimenting the chair- mation with state and local personnel and en- agree that the last thing we would want is for man and ranking Democrat of the Sub- sures that information sharing systems have the newly shared information to be used to committee on Terrorism and Homeland Secu- the capability to transmit classified or unclassi- harm an innocent person’s reputation. As we rity, Mr. CHAMBLISS and Ms. HARMAN, for the fied information. move forward, we should take a close look at work they have done on this legislation. In the I urge quick passage of this important legis- whether sufficient safeguards are in place that weeks and months after September 11, they lation. Let’s provide all of our federal, state will prevent improper disclosure from hap- have been tireless advocates for ensuring that and local officials timely homeland security in- pening. barriers to information sharing between fed- formation that can be used to better protect all The bill, in its current form, offers us a good eral, state, and local officials be eliminated. Americans. starting point to improve our nation’s defenses This legislation is an important result of their Mr. PASCRELL. Mr. Chairman, Coordination against terrorism. It is critical that our law en- leadership. It also has benefitted greatly from and information sharing among federal, state forcement agencies talk with one another so the work done on it in the Judiciary Committee and local authorities may be the single most that the right hand knows what the left hand through the guidance of Chairman SENSEN- important thing we can do to enhance our abil- is doing. I strongly urge its prompt passage. BRENNER, Ranking Democrat CONYERS, and ity to respond to a terrorist threat. This point Mr. UNDERWOOD. Mr. Chairman, I am the efforts of Mr. WEINER. is reiterated to me in every meeting I have pleased this bill takes important steps to The bill directs the President to develop pro- had with law enforcement personnel, fire- strengthen homeland security by ensuring cedures for federal agencies to share informa- fighters, public health officials and state and workable procedures and systems are de- tion with state and local personnel, ensuring municipal leaders in my district since Sep- signed within the federal government to facili- that any systems set in place have the capa- tember 11. We need communication. We need tate the sharing of homeland security informa- bility to transmit classified and unclassified in- cooperation. We need coordination—not only tion among federal, state, territorial and local formation as needed to respond locally to any among federal agencies, but also with our officials. Further, I am especially pleased that terrorist threats that may arise. It is important people in the field. the bill ensures that the territories are in- to note, too, that the legislation is flexible, pro- In my role on the Democratic Homeland Se- cluded. We must ensure that information crit- viding the President broad guidelines within curity Task Force, I have spoken with many ical to homeland security is shared between which to design information sharing mecha- first responders about their concerns. They important federal agencies and the territorial nisms, but leaving to him many of the me- say the same thing. The Federal Government and local governments of Guam, American chanics of how best to do so. It also requires simply does not pass information down the Samoa, the Commonwealth of the Northern the President to report back to Congress in 1 chain to the local level to the extent that is so Mariana Islands, Puerto Rico, and the U.S. year on whether additional changes are nec- necessary. And this fact can continue no Virgin Islands. Homeland security concerns essary. Thus, this bill sets up a framework that longer. The Federal Government relies on apply for all Americans, irrespective of wheth- is workable within any homeland security ar- state and local personnel to protect our Nation er they reside in the 50 states or U.S. terri- chitecture that may be established this year. tories. Towards this end I am pleased to sup- This important measure will strengthen the against a terrorist attack. We rely on them. It port H.R. 4598, and I look forward to receiving Nation’s ability to prevent future terrorist at- would be unconscionable if we didn’t help the President’s report required by this legisla- tacks. I urge its adoption by the House. them to do their job to the best of their ability. Mr. CASTLE. Mr. Chairman, I want to thank And the ability to do their job effectively relies tion to help determine what additional meas- the leadership for bringing up legislation to ad- on the information they receive. ures are needed to increase the effectiveness dress the need for sharing of critical homeland I think H.R. 4598, the Homeland Security In- of sharing information among all levels of gov- security information among federal intelligence formation Sharing Act, is an important step to- ernment. I hope this report will assess the agencies, state and local governments, and ward developing and ensuring an effective needs of the territories and not just the 50 first responders. Through my work on the In- strategy for truly protecting the United States. states. Mr. CHAMBLISS. Mr. Chairman, I telligence Committee, I have collaborated with We simply need to get information into the yield back the balance of my time. Representative CHAMBLISS and Representative hands of those who need it, and this bill does The CHAIRMAN pro tempore (Mr. HARMAN to make sure that all levels of govern- that. We’ve heard from many that ‘‘Hometown SIMPSON). All time for general debate ment receive the same homeland security in- security equals homeland security.’’ This legis- has expired. formation so our local law enforcement agen- lation gets past the catchphrases and jingles, and actually does something. This will em- Pursuant to the rule, the committee cies and first responders have the proper in- amendment in the nature of a sub- formation to protect us. power our states and local communities to stitute printed in the bill shall be con- The attacks of September 11 obviously ex- protect themselves, and in turn protect our Na- sidered by sections as an original bill posed some communication weaknesses tion. among our intelligence and law enforcement I urge my colleagues to support this impor- for the purpose of amendment, and agencies and now is the time to forward and tant piece of legislation. each section is considered read. During consideration of the bill for analyze what went wrong, and more impor- Mr. CONYERS. Mr. Chairman, I am happy amendment, the Chair may accord pri- tantly how we can make changes to protect to speak in support of this legislation which ority in recognition to a Member offer- our country from future terrorist attacks. As a would provide for information sharing between ing an amendment that he has printed member of the Joint Senate-House Intel- federal and state and local authorities. in the designated place in the CONGRES- ligence Committee reviewing September 11, I I believe that providing state and local offi- am learning more about our overall intel- cials with this type of information ultimately will SIONAL RECORD. Those amendments ligence apparatus in context of the September help them detect and prevent future acts of will be considered read. terrorism. State and local personnel are the The Clerk will designate section 1. 11 attack and how we can improve the sys- The text of section 1 is as follows: tem. The most important goal is to find the most likely individuals to interdict terrorists—as Be it enacted by the Senate and House of Rep- best intelligence solutions to ensure our home- demonstrated by the detainment of Ahmed Ressam on the Canadian border and the rou- resentatives of the United States of America in land is secure and all domestic agencies are Congress assembled, tine traffic stopping of one of the 9/11 terror- coordinating, communicating, and cooperating SECTION 1. SHORT TITLE. with each other. ists by a Maryland state trooper. As we have This Act may be cited as the ‘‘Homeland Secu- H.R. 4598 directs that critical threat informa- learned in the last several weeks, if we had rity Information Sharing Act’’. tion be shared between federal law enforce- shared more information before the attacks, The CHAIRMAN pro tempore. Are ment and intelligence agencies with state and we may have been able to more aggressively there amendments to section 1? local personnel, including granting security intervene against the terrorist plot. The Clerk will designate section 2. clearances to appropriate state and local per- The legislation will also help state and local The text of section 2 is as follows: sonnel. officials prepare an appropriate response to SEC. 2. FINDINGS AND SENSE OF CONGRESS. I strongly support the President’s proposal future attacks. Every act of terrorism is local— (a) FINDINGS.—The Congress finds the fol- to reorganize our homeland security agencies occurring in a neighborhood, city or state near lowing:

VerDate 11-MAY-2000 02:00 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 6333 E:\CR\FM\K26JN7.033 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3945 (1) The Federal Government is required by the tion and safeguarding of classified informa- security information that remains classified or Constitution to provide for the common defense, tion. otherwise protected after the determinations which includes terrorist attack. (4) Such procedures shall not change the prescribed under the procedures set forth in sub- (2) The Federal Government relies on State requirements and authorities to protect section (a). and local personnel to protect against terrorist sources and methods. (2) It is the sense of Congress that such proce- attack. (b) PROCEDURES FOR SHARING OF HOMELAND dures may include one or more of the following (3) The Federal Government collects, creates, SECURITY INFORMATION.— means: manages, and protects classified and sensitive (1) Under procedures prescribed by the (A) Carrying out security clearance investiga- but unclassified information to enhance home- President, all appropriate agencies, includ- tions with respect to appropriate State and local land security. ing the intelligence community, shall, personnel. (4) Some homeland security information is through information sharing systems, share (B) With respect to information that is sen- needed by the State and local personnel to pre- homeland security information with appro- sitive but unclassified, entering into nondisclo- vent and prepare for terrorist attack. priate State and local personnel to the ex- sure agreements with appropriate State and (5) The needs of State and local personnel to tent such information may be shared, as de- have access to relevant homeland security infor- local personnel. termined in accordance with subsection (a), (C) Increased use of information-sharing part- mation to combat terrorism must be reconciled together with assessments of the credibility with the need to preserve the protected status of nerships that include appropriate State and of such information. local personnel, such as the Joint Terrorism such information and to protect the sources and (2) Each information sharing system through methods used to acquire such information. Task Forces of the Federal Bureau of Investiga- which information is shared under paragraph tion, the Anti-Terrorism Task Forces of the De- (6) Granting security clearances to certain (1) shall— State and local personnel is one way to facili- partment of Justice, and regional Terrorism (A) have the capability to transmit unclassi- Early Warning Groups. tate the sharing of information regarding spe- fied or classified information, though the proce- (d) RESPONSIBLE OFFICIALS.—For each af- cific terrorist threats among Federal, State, and dures and recipients for each capability may fected Federal agency, the head of such agency local levels of government. differ; shall designate an official to administer this Act (7) Methods exist to declassify, redact, or oth- (B) have the capability to restrict delivery of with respect to such agency. erwise adapt classified information so it may be information to specified subgroups by geo- (e) FEDERAL CONTROL OF INFORMATION.— shared with State and local personnel without graphic location, type of organization, position Under procedures prescribed under this section, the need for granting additional security clear- of a recipient within an organization, or a re- information obtained by a State or local govern- ances. cipient’s need to know such information; (8) State and local personnel have capabilities (C) be configured to allow the efficient and ef- ment from a Federal agency under this section and opportunities to gather information on sus- fective sharing of information; and shall remain under the control of the Federal picious activities and terrorist threats not pos- (D) be accessible to appropriate State and agency, and a State or local law authorizing or sessed by Federal agencies. local personnel. requiring such a government to disclose infor- (9) The Federal Government and State and (3) The procedures prescribed under para- mation shall not apply to such information. local governments and agencies in other juris- graph (1) shall establish conditions on the use of (f) DEFINITIONS.—As used in this section: dictions may benefit from such information. (1) The term ‘‘homeland security information’’ (10) Federal, State, and local governments and information shared under paragraph (1)— (A) to limit the redissemination of such infor- means any information possessed by a Federal, intelligence, law enforcement, and other emer- State, or local agency that— gency preparation and response agencies must mation to ensure that such information is not (A) relates to the threat of terrorist activity; act in partnership to maximize the benefits of used for an unauthorized purpose; (B) to ensure the security and confidentiality (B) relates to the ability to prevent, interdict, information gathering and analysis to prevent of such information; or disrupt terrorist activity; and respond to terrorist attacks. (11) Information systems, including the Na- (C) to protect the constitutional and statutory (C) would improve the identification or inves- tional Law Enforcement Telecommunications rights of any individuals who are subjects of tigation of a suspected terrorist or terrorist orga- System and the Terrorist Threat Warning Sys- such information; and nization; or (D) to provide data integrity through the time- tem, have been established for rapid sharing of (D) would improve the response to a terrorist ly removal and destruction of obsolete or erro- classified and sensitive but unclassified informa- act. neous names and information. tion among Federal, State, and local entities. (2) The term ‘‘intelligence community’’ has the (12) Increased efforts to share homeland secu- (4) The procedures prescribed under para- meaning given such term in section 3(4) of the rity information should avoid duplicating exist- graph (1) shall ensure, to the greatest extent National Security Act of 1947 (50 U.S.C. ing information systems. practicable, that the information sharing system 401a(4)). (b) SENSE OF CONGRESS.—It is the sense of through which information is shared under such (3) The term ‘‘State and local personnel’’ Congress that Federal, State, and local entities paragraph include existing information sharing means any of the following persons involved in should share homeland security information to systems, including, but not limited to, the Na- prevention, preparation, or response for terrorist the maximum extent practicable, with special tional Law Enforcement Telecommunications attack: emphasis on hard-to-reach urban and rural System, the Regional Information Sharing Sys- (A) State Governors, mayors, and other locally communities. tem, and the Terrorist Threat Warning System elected officials. of the Federal Bureau of Investigation. (B) State and local law enforcement personnel The CHAIRMAN pro tempore. Are (5) Each appropriate Federal agency, as deter- and firefighters. there amendments to section 2? mined by the President, shall have access to The Clerk will designate section 3. each information sharing system through which (C) Public health and medical professionals. The text of section 3 is as follows: information is shared under paragraph (1), and (D) Regional, State, and local emergency SEC. 3. FACILITATING HOMELAND SECURITY IN- shall therefore have access to all information, as management agency personnel, including State FORMATION SHARING PROCEDURES. appropriate, shared under such paragraph. adjutant generals. (a) PRESIDENTIAL PROCEDURES FOR DETER- (6) The procedures prescribed under para- (E) Other appropriate emergency response MINING EXTENT OF SHARING OF HOMELAND SE- graph (1) shall ensure that appropriate State agency personnel. CURITY INFORMATION.— and local personnel are authorized to use such (F) Employees of private-sector entities that (1) The President shall prescribe proce- information sharing systems— affect critical infrastructure, cyber, economic, or dures under which relevant Federal agencies (A) to access information shared with such public health security, as designated by the determine— personnel; and Federal government in procedures developed (A) whether, how, and to what extent (B) to share, with others who have access to pursuant to this section. homeland security information may be such information sharing systems, the homeland (4) The term ‘‘State’’ includes the District of shared with appropriate State and local per- security information of their own jurisdictions, Columbia and any commonwealth, territory, or sonnel, and with which such personnel it which shall be marked appropriately as per- possession of the United States. may be shared; taining to potential terrorist activity. The CHAIRMAN pro tempore. Are (B) how to identify and safeguard home- (7) Under procedures prescribed jointly by the land security information that is sensitive Director of Central Intelligence and the Attor- there amendments to section 3? but unclassified; and ney General, each appropriate Federal agency, AMENDMENT OFFERED BY MS. JACKSON-LEE OF (C) to the extent such information is in as determined by the President, shall review and TEXAS classified form, whether, how, and to what assess the information shared under paragraph Ms. JACKSON-LEE of Texas. Mr. extent to remove classified information, as (6) and integrate such information with existing Chairman, I offer an amendment. appropriate, and with which such personnel intelligence. The Clerk read as follows: it may be shared after such information is (c) SHARING OF CLASSIFIED INFORMATION AND removed. SENSITIVE BUT UNCLASSIFIED INFORMATION Amendment offered by Ms. JACKSON-LEE of (2) The President shall ensure that such WITH STATE AND LOCAL PERSONNEL.— Texas: procedures apply to all agencies of the Fed- (1) The President shall prescribe procedures Page 4, line 24, strike ‘‘and’’. eral Government. under which Federal agencies may, to the extent Page 5, line 5, strike the period and insert (3) Such procedures shall not change the the President considers necessary, share with ‘‘; and’’. substantive requirements for the classifica- appropriate State and local personnel homeland Page 5, after line 5, insert the following:

VerDate 11-MAY-2000 01:06 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.005 pfrm12 PsN: H26PT1 H3946 CONGRESSIONAL RECORD — HOUSE June 26, 2002 (D) whether, how, and to what extent infor- whether, and to what extent informa- and to what extent information may be mation provided by government whistle- tion by whistleblowers would be dis- shared with appropriate State and blowers regarding matters affecting home- seminated ultimately to the local au- local personnel is up to the President. land security may be shared with appro- thorities. So it is not precluded here that, in an priate state and local personnel, and with which such personnel may it be shared. Additionally, there should be the appropriate way with appropriate safe- question of making sure whistleblowers guards and privacy protections, whis- Ms. JACKSON-LEE of Texas. Mr. are protected. I recognize, of course, tleblower information, if it were Chairman, as I indicated in general de- that there are multiple jurisdictions deemed important to share with local bate, I am a supporter of this legisla- here: the Permanent Select Committee responders could, in fact, be shared. I tion. I am a supporter because I believe on Intelligence, the House Committee thank the gentlewoman for raising this the underlying premises are key to pro- on the Judiciary, and certainly the issue. viding expanded homeland security in question of whistleblower would be a Mr. CHAMBLISS. Mr. Chairman, I the face of terroristic threats and, as question of the jurisdiction of the Com- rise in opposition to the amendment. well, a new approach to ensuring that mittee on Government Reform. We Mr. Chairman, I appreciate the gen- we have a holistic opposition and fight know that they are addressing that tlewoman’s concern and the point against terrorism. now. which she is raising. She is a very val- One of the concepts that the distin- I believe this is an important enough ued member of this body and particu- guished gentlewoman from California issue regarding whistleblowers and re- larly the Committee on the Judiciary, has always represented to this body is garding how information is dissemi- and her opinions are well respected. It that we need to have an assessment of nated that it should be included in the is important that as much homeland the threats or the threat situation provisions where we ask the President, security information, whether gained against this country and, as well, to the executive, to give us guidance and from whistleblowers or elsewhere in make sure that those individuals who provide this to the United States Con- the government, be shared with the would have to respond to the threats gress. It is through whistleblowers and right people at the right time in order closest to the home front, if you will, a source of other information that we to help our emergency responders and have all of the information that they are able to get the true facts, as well as local officials respond to terrorist can accept and utilize in order to pro- to help us design the appropriate kind threats and activity. The gentle- tect those local communities. This leg- of homeland security. woman’s amendment would specifically islation provides a vehicle for such, and Mr. CONYERS. Mr. Chairman, will address information from whistle- it will make its way through this body the gentlewoman yield? blowers. and to the other body. Ms. JACKSON-LEE of Texas. I yield However, let me note that we have I would like to raise another point to the gentleman from Michigan. crafted the bill in a broad and flexible that I think is key in what we do, and Mr. CONYERS. Mr. Chairman, I just fashion, as noted by the gentlewoman it is key because most of America now wanted to point out that the gentle- from California (Ms. HARMAN), so that has been introduced to the concept of woman from Texas is the first to iden- the administration can determine the whistleblowers. They have been intro- tify the importance of the whistle- appropriate procedures for sharing and duced to this by way of the thorough blower function in our system. I think disseminating homeland security infor- investigation that is now ongoing as to it is going to be considered more care- mation, whatever the source, whether the facts and activities of September fully now that the gentlewoman has from whistleblowers or other relevant homeland security information should 11. We know that in providing for pro- brought this to light. I thank the gen- be shared. tection for the homeland, we must tlewoman for it, and I hope it will gain move forward and provide a plan and a I think it is important that we retain wide acceptance. this flexibility and focus on the origi- structure, we must be able to dissemi- Ms. JACKSON-LEE of Texas. Mr. nal purpose of the bill, namely, to nate information to our local authori- Chairman, I thank the distinguished share as much appropriate homeland ties and, at the same time, we must get gentleman. security information as possible with the facts as to what happened on Sep- With that, Mr. Chairman, I do want tember 11. Why? Because that begins to our State and local authorities. to again acknowledge the gentlewoman So my objection is that we have just define for us the design of changing from California (Ms. HARMAN) for the seen this this morning, and I hope the how we share information. vision and the persistence that she has gentlewoman would consider with- Having been in about three or four had on this key issue. If I might, just drawing it and let us have a chance as homeland security meetings and hear- for an editorial comment, I think the we move into conference to dialogue on ings yesterday, one of the key ele- gentlewoman from California (Ms. this, and if we need to strengthen some ments, Mr. Chairman, was the idea of HARMAN) and myself and others had provisions, obviously we will look for- information. In fact, in the Committee gathered about 48 hours, 2 days after ward to working with the gentlewoman on Science, there was the proposal that September 11, huddled offsite, but con- and other members of the Committee was just announced from the Homeland vening the business of Congress, if you on the Judiciary to ensure that we do Security Commission to, in fact, imple- will, on these very issues; and she was so. Because we share the same concern ment and institute, that could begin to raising them at that time and she pur- that the gentlewoman has brought for- be the thinkers, the designers of new sued them, so I join her. I would be ward here. I have been open and out- technology that will help us with happy to yield to the gentlewoman, but spoken about the fact that we need homeland security. They need informa- I wanted to indicate my appreciation more courageous people like Ms. tion. So information comes in many and respect for her work, along with Rowley to make sure that not just ways. the distinguished gentleman from from an oversight standpoint within One of the ways that it comes that Georgia on this idea, and I wanted to Congress, but from an oversight stand- we saw most recently in determining bring this issue that I think is so very point in the public and within the what happened on September 11 was important to the attention of this agency and other Federal agencies out the insight of Coleen Rowley from the body. there, that we are able to do our job FBI. She initiated the dissemination of Ms. HARMAN. Mr. Chairman, will correctly and appropriately. information on her own. She was not the gentlewoman yield? Ms. JACKSON-LEE of Texas. Mr. seeking publicity; she was seeking to Ms. JACKSON-LEE of Texas. I yield Chairman, will the gentleman yield? be a problem-solver and she did it in to the gentlewoman from California. Mr. CHAMBLISS. I yield to the gen- the form of a letter. I do not know Ms. HARMAN. Mr. Chairman, first of tlewoman from Texas. whether that kind of information dis- all, I think whistleblowers are impor- Ms. JACKSON-LEE of Texas. Mr. seminated is, in fact, provided for by tant and that the Rowley memo is a Chairman, I respect the, if you will, ex- this particular legislation as we read it very important fact that has emerged planation that the distinguished gen- through at this point. since 9–11. tleman from Georgia has given and the So my amendment is simple. It is Secondly, in our legislation as re- distinguished gentlewoman from Cali- how the President should design how, ported, we do state that whether, how, fornia. I would not have brought this to

VerDate 11-MAY-2000 02:00 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.006 pfrm12 PsN: H26PT1 June 26, 2002 CONGRESSIONAL RECORD — HOUSE H3947 the attention of the body had I not had If not, the Clerk will designate sec- to the proper performance of their official du- a deep concern, having met Ms. Rowley tion 5. ties. and having been involved in other cir- The text of section 5 is as follows: ‘‘(8) Any investigative or law enforcement of- ficer, or attorney for the government, who by cumstances with the Committee on the SEC. 5. AUTHORIZATION OF APPROPRIATIONS. any means authorized by this chapter, has ob- Judiciary in the concept of whistle- There are authorized to be appropriated such tained knowledge of the contents of any wire, blowers and the importance of pro- sums as may be necessary to carry out section 3. oral, or electronic communication, or evidence viding information generally to help us The CHAIRMAN pro tempore. Are derived therefrom, may disclose such contents or be better at our job and the govern- there amendments to section 5? derivative evidence to any appropriate Federal, ment to be better. If not, the Clerk will designate sec- State, local, or foreign government official to the I appreciate the offer that has been tion 6. extent that such contents or derivative evidence extended. This is brought to the atten- The text of section 6 is as follows: reveals a threat of actual or potential attack or tion of this body not to put forward an other grave hostile acts of a foreign power or an SEC. 6. AUTHORITY TO SHARE GRAND JURY IN- agent of a foreign power, domestic or inter- FORMATION. amendment that would not draw the national sabotage, domestic or international ter- Rule 6(e) of the Federal Rules of Criminal collective support of this body. I would rorism, or clandestine intelligence gathering ac- Procedure is amended— like to be able to work with the staffs tivities by an intelligence service or network of (1) in paragraph (2), by inserting ‘‘, or of of the respective Members as we move a foreign power or by an agent of a foreign guidelines jointly issued by the Attorney Gen- power, within the United States or elsewhere, toward conference, recognizing that we eral and Director of Central Intelligence pursu- for the purpose of preventing or responding to have language in the legislation, ant to Rule 6,’’ after ‘‘Rule 6’’; and such a threat. Any official who receives infor- maybe appropriate language, that the (2) in paragraph (3)— mation pursuant to this provision may use that whistleblower issue is of such impor- (A) in subparagraph (A)(ii), by inserting ‘‘or information only as necessary in the conduct of of a foreign government’’ after ‘‘(including per- tance that it requires further study. that person’s official duties subject to any limi- sonnel of a state or subdivision of a state’’; Mr. CHAMBLISS. Mr. Chairman, just tations on the unauthorized disclosure of such (B) in subparagraph (C)(i)— reiterating to the gentlewoman, I information, and any State, local, or foreign of- (i) in subclause (I), by inserting before the think her point is well taken; and I ficial who receives information pursuant to this semicolon the following: ‘‘or, upon a request by provision may use that information only con- think there may be some merit to an attorney for the government, when sought by sistent with such guidelines as the Attorney strengthening language, maybe even a foreign court or prosecutor for use in an offi- General and Director of Central Intelligence getting specific as the gentlewoman cial criminal investigation’’; has done in her amendment. We will (ii) in subclause (IV)— shall jointly issue.’’. commit to the gentlewoman that we (I) by inserting ‘‘or foreign’’ after ‘‘may dis- The CHAIRMAN pro tempore. Are will look forward to working with her close a violation of State’’; there amendments to section 7? as we move into conference and (II) by inserting ‘‘or of a foreign government’’ If not, the Clerk will designate sec- dialoguing with her to make sure that after ‘‘to an appropriate official of a State or tion 8. subdivision of a State’’; and The text of section 8 is as follows: we get her input into this specific area (III) by striking ‘‘or’’ at the end; of the bill. (iii) by striking the period at the end of sub- SEC. 8. FOREIGN INTELLIGENCE INFORMATION. Ms. JACKSON-LEE of Texas. Mr. clause (V) and inserting ‘‘; or’’; and (a) DISSEMINATION AUTHORIZED.—Section Chairman, if the gentleman will yield, (iv) by adding at the end the following: 203(d)(1) of the Uniting and Strengthening I thank the distinguished gentleman ‘‘(VI) when matters involve a threat of actual America by Providing Appropriate Tools Re- from Georgia and the gentlewoman or potential attack or other grave hostile acts of quired to Intercept and Obstruct Terrorism Act a foreign power or an agent of a foreign power, (USA PATRIOT ACT) of 2001 (Public Law 107– from California. 56; 50 U.S.C. 403–5d) is amended— Mr. Chairman, I am willing at this domestic or international sabotage, domestic or international terrorism, or clandestine intel- (1) by striking ‘‘Notwithstanding any other time to ask unanimous consent, with ligence gathering activities by an intelligence provision of law, it’’ and inserting ‘‘It’’; and the idea of moving forward in consider- service or network of a foreign power or by an (2) by adding at the end the following: ‘‘It ation and study of this issue to protect agent of a foreign power, within the United shall be lawful for information revealing a whistleblowers, to withdraw my States or elsewhere, to any appropriate federal, threat of actual or potential attack or other amendment. state, local, or foreign government official for grave hostile acts of a foreign power or an agent The CHAIRMAN pro tempore. Is the purpose of preventing or responding to such of a foreign power, domestic or international there objection to the request of the a threat.’’; and sabotage, domestic or international terrorism, or (C) in subparagraph (C)(iii)— clandestine intelligence gathering activities by gentlewoman from Texas? an intelligence service or network of a foreign There was no objection. (i) by striking ‘‘Federal’’; (ii) by inserting ‘‘or clause (i)(VI)’’ after power or by an agent of a foreign power, within The gentlewoman’s amendment is ‘‘clause (i)(V)’’; and the United States or elsewhere, obtained as part withdrawn. (iii) by adding at the end the following: ‘‘Any of a criminal investigation to be disclosed to any b 1215 state, local, or foreign official who receives in- appropriate Federal, State, local, or foreign gov- formation pursuant to clause (i)(VI) shall use ernment official for the purpose of preventing or The CHAIRMAN pro tempore (Mr. that information only consistent with such responding to such a threat. Any official who SIMPSON). Are there further amend- guidelines as the Attorney General and Director receives information pursuant to this provision ments to section 3? of Central Intelligence shall jointly issue.’’. may use that information only as necessary in If not, the Clerk will designate sec- The CHAIRMAN pro tempore. Are the conduct of that person’s official duties sub- ject to any limitations on the unauthorized dis- tion 4. there amendments to section 6? The text of section 4 is as follows: closure of such information, and any State, If not, the Clerk will designate sec- local, or foreign official who receives informa- SEC. 4. REPORT. tion 7. tion pursuant to this provision may use that in- (a) REPORT REQUIRED.—Not later than 12 The text of section 7 is as follows: formation only consistent with such guidelines months after the date of the enactment of this as the Attorney General and Director of Central Act, the President shall submit to the congres- SEC. 7. AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL INTERCEPTION IN- Intelligence shall jointly issue.’’. sional committees specified in subsection (b) a FORMATION. (b) CONFORMING AMENDMENTS.—Section 203(c) report on the implementation of section 3. The Section 2517 of title 18, United States Code, is of that Act is amended— report shall include any recommendations for amended by adding at the end the following: (1) by striking ‘‘section 2517(6)’’ and inserting additional measures or appropriation requests, ‘‘(7) Any investigative or law enforcement of- ‘‘paragraphs (6) and (8) of section 2517 of title beyond the requirements of section 3, to increase ficer, or attorney for the government, who by 18, United States Code,’’; and the effectiveness of sharing of information any means authorized by this chapter, has ob- (2) by inserting ‘‘and (VI)’’ after ‘‘Rule among Federal, State, and local entities. tained knowledge of the contents of any wire, 6(e)(3)(C)(i)(V)’’. (b) SPECIFIED CONGRESSIONAL COMMITTEES.— oral, or electronic communication, or evidence The congressional committees referred to in sub- The CHAIRMAN pro tempore. Are derived therefrom, may disclose such contents or there amendments to section 8? section (a) are the following committees: derivative evidence to a foreign investigative or (1) The Permanent Select Committee on Intel- law enforcement officer to the extent that such If not, the Clerk will designate sec- ligence and the Committee on the Judiciary of disclosure is appropriate to the proper perform- tion 9. the House of Representatives. ance of the official duties of the officer making The text of section 9 is as follows: (2) The Select Committee on Intelligence and or receiving the disclosure, and foreign inves- SEC. 9. INFORMATION ACQUIRED FROM AN ELEC- the Committee on the Judiciary of the Senate. tigative or law enforcement officers may use or TRONIC SURVEILLANCE. The CHAIRMAN pro tempore. Are disclose such contents or derivative evidence to Section 106(k)(1) of the Foreign Intelligence there amendments to section 4? the extent such use or disclosure is appropriate Surveillance Act of 1978 (50 U.S.C. 1806) is

VerDate 11-MAY-2000 02:00 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 6333 E:\CR\FM\K26JN7.040 pfrm12 PsN: H26PT1 H3948 CONGRESSIONAL RECORD — HOUSE June 26, 2002 amended by inserting after ‘‘law enforcement of- Pursuant to clause 8 of rule XX, this Meehan Rahall Stenholm ficers’’ the following: ‘‘or law enforcement per- 15-minute vote on passage of H.R. 4598 Meek (FL) Ramstad Strickland sonnel of a State or political subdivision of a Meeks (NY) Rangel Stump will be followed by 5-minute votes on Menendez Regula Stupak State (including the chief executive officer of H.R. 4477, on H.R. 4070, and on approv- Mica Rehberg Sullivan that State or political subdivision who has the ing the Journal. Millender- Reynolds Sununu authority to appoint or direct the chief law en- McDonald Riley Tancredo forcement officer of that State or political sub- The vote was taken by electronic de- Miller, Dan Rivers Tanner division)’’. vice, and there were—yeas 422, nays 2, Miller, Gary Rodriguez Tauscher not voting 10, as follows: Miller, George Roemer Tauzin The CHAIRMAN pro tempore. Are Miller, Jeff Rogers (KY) Taylor (MS) there amendments to section 9? [Roll No. 258] Mink Rogers (MI) Taylor (NC) If not, the Clerk will designate sec- YEAS—422 Mollohan Rohrabacher Terry tion 10. Moore Ros-Lehtinen Thomas Abercrombie Davis (CA) Holden Moran (KS) Ross Thompson (CA) The text of section 10 is as follows: Ackerman Davis (FL) Holt Moran (VA) Rothman Thompson (MS) SEC. 10. INFORMATION ACQUIRED FROM A PHYS- Aderholt Davis (IL) Honda Morella Roybal-Allard Thornberry ICAL SEARCH. Akin Davis, Jo Ann Hooley Murtha Royce Thune Section 305(k)(1) of the Foreign Intelligence Allen Davis, Tom Horn Myrick Rush Thurman Andrews Deal Hostettler Nadler Ryan (WI) Tiahrt Surveillance Act of 1978 (50 U.S.C. 1825) is Armey DeFazio Houghton amended by inserting after ‘‘law enforcement of- Napolitano Ryun (KS) Tiberi Baca DeGette Hoyer Neal Sabo Tierney ficers’’ the following: ‘‘or law enforcement per- Bachus DeLauro Hulshof Nethercutt Sanchez Toomey sonnel of a State or political subdivision of a Baird DeLay Hyde Ney Sanders Towns State (including the chief executive officer of Baker DeMint Inslee Norwood Sandlin Turner that State or political subdivision who has the Baldacci Deutsch Isakson Nussle Sawyer Udall (CO) authority to appoint or direct the chief law en- Baldwin Diaz-Balart Israel Oberstar Saxton Udall (NM) Ballenger Dicks Issa Obey Schaffer Upton forcement officer of that State or political sub- Barcia Dingell Istook division)’’. Olver Schakowsky Velazquez Barr Doggett Jackson (IL) Ortiz Schiff Visclosky The CHAIRMAN pro tempore. Are Barrett Dooley Jackson-Lee Osborne Schrock Vitter there amendments to section 10? Bartlett Doolittle (TX) Ose Scott Walden Barton Doyle Jefferson Are there further amendments to the Owens Sensenbrenner Walsh Bass Dreier Jenkins Oxley Serrano Wamp bill? Becerra Duncan John Pallone Sessions Waters If not, the question is on the com- Bentsen Dunn Johnson (CT) Pascrell Shadegg Watkins (OK) mittee amendment in the nature of a Bereuter Edwards Johnson (IL) Pastor Shaw Watson (CA) Berkley Ehlers Johnson, E. B. Paul Shays Watt (NC) substitute. Berman Ehrlich Johnson, Sam Payne Sherman Waxman The committee amendment in the Berry Emerson Jones (NC) Pelosi Sherwood Weiner nature of a substitute was agreed to. Biggert Engel Jones (OH) Pence Shimkus Weldon (FL) The CHAIRMAN pro tempore. Under Bilirakis English Kanjorski Peterson (MN) Shows Weldon (PA) Bishop Eshoo Kaptur Peterson (PA) Shuster Weller the rule, the Committee rises. Blagojevich Etheridge Keller Petri Simpson Wexler Accordingly, the Committee rose; Blumenauer Evans Kelly Phelps Skeen Whitfield and the Speaker pro tempore (Mr. Blunt Everett Kennedy (MN) Pickering Skelton Wicker Boehlert Farr Kennedy (RI) BONILLA) having assumed the chair, Pitts Slaughter Wilson (NM) Boehner Fattah Kerns Platts Smith (NJ) Wilson (SC) Mr. SIMPSON, Chairman pro tempore of Bonilla Ferguson Kildee Pombo Smith (TX) Wolf the Committee of the Whole House on Bonior Filner Kilpatrick Pomeroy Smith (WA) Woolsey the State of the Union, reported that Bono Flake Kind (WI) Portman Snyder Wu Boozman Fletcher King (NY) Price (NC) Solis Wynn that Committee, having had under con- Borski Foley Kingston Pryce (OH) Souder Young (AK) sideration the bill (H.R. 4598) to pro- Boswell Forbes Kirk Putnam Spratt Young (FL) vide for the sharing of homeland secu- Boucher Ford Kleczka Quinn Stark Boyd Fossella Knollenberg Radanovich Stearns rity information by Federal intel- Brady (PA) Frank Kolbe ligence and law enforcement agencies Brady (TX) Frelinghuysen LaFalce NAYS—2 with State and local entities, pursuant Brown (FL) Frost LaHood Delahunt Kucinich to House Resolution 458, he reported Brown (OH) Gallegly Lampson Brown (SC) Ganske Langevin NOT VOTING—10 the bill back to the House with an Bryant Gekas Lantos Hunter Roukema Traficant Burr Gephardt Larsen (WA) amendment adopted by the Committee Northup Simmons Watts (OK) Burton Gibbons Larson (CT) of the Whole. Otter Smith (MI) Buyer Gilchrest Latham Reyes Sweeney The SPEAKER pro tempore. Under Callahan Gillmor LaTourette the rule, the previous question is or- Calvert Gilman Leach b 1239 dered. Camp Gonzalez Lee The question is on the committee Cannon Goode Levin Mr. THOMPSON of Mississippi Cantor Goodlatte Lewis (CA) changed his vote from ‘‘nay’’ to ‘‘yea.’’ amendment in the nature of a sub- Capito Gordon Lewis (GA) stitute. Capps Goss Lewis (KY) So the bill was passed. The committee amendment in the Capuano Graham Linder The result of the vote was announced Cardin Granger Lipinski as above recorded. nature of a substitute was agreed to. Carson (IN) Graves LoBiondo The SPEAKER pro tempore. The Carson (OK) Green (TX) Lofgren A motion to reconsider was laid on question is on the engrossment and Castle Green (WI) Lowey the table. third reading of the bill. Chabot Greenwood Lucas (KY) Stated for: Chambliss Grucci Lucas (OK) Mr. SWEENEY. Mr. Speaker, on June 26, The bill was ordered to be engrossed Clay Gutierrez Luther and read a third time, and was read the Clayton Gutknecht Lynch 2002, I missed the rollcall vote No. 258. If I third time. Clement Hall (OH) Maloney (CT) had been present I would have voted ‘‘yea.’’ The SPEAKER pro tempore. The Clyburn Hall (TX) Maloney (NY) Mr. OTTER. Mr. Speaker, I was unavoidably Coble Hansen Manzullo question is on the passage of the bill. Collins Harman Markey detained for rollcall vote 258 on H.R. 4598, The question was taken; and the Combest Hart Mascara the Homeland Security Information Sharing Speaker pro tempore announced that Condit Hastings (FL) Matheson Act. Had I been present I would have voted Conyers Hastings (WA) Matsui ‘‘aye.’’ the ayes appeared to have it. Cooksey Hayes McCarthy (MO) Ms. HARMAN. Mr. Speaker, I object Costello Hayworth McCarthy (NY) f to the vote on the ground that a Cox Hefley McCollum quorum is not present and make the Coyne Herger McCrery ANNOUNCEMENT BY THE SPEAKER Cramer Hill McDermott PRO TEMPORE point of order that a quorum is not Crane Hilleary McGovern present. Crenshaw Hilliard McHugh The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Evi- Crowley Hinchey McInnis SIMPSON). Pursuant to clause 8 of rule dently a quorum is not present. Cubin Hinojosa McIntyre XX, the Chair will resume proceedings Culberson Hobson McKeon The Sergeant at Arms will notify ab- Cummings Hoeffel McKinney on postponed questions in the following sent Members. Cunningham Hoekstra McNulty order:

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