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108th CONGRESS
1st Session
H. R. 2526
To amend the Homeland Security Act of 2002 (Public Law 107-296) to
provide for the protection of voluntarily furnished confidential
information, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 19, 2003
Mr. Frank of Massachusetts (for himself and Mr. Udall of New Mexico)
introduced the following bill; which was referred to the Committee on
Government Reform, and in addition to the Select Committee on Homeland
Security, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 (Public Law 107-296) to
provide for the protection of voluntarily furnished confidential
information, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoration of Freedom of
Information Act of 2003''.
SEC. 2. PROTECTION OF VOLUNTARILY FURNISHED CONFIDENTIAL INFORMATION.
Title II of the Homeland Security Act of 2002 (Public Law 107-296)
is amended by striking subtitle B and inserting the following:
``Subtitle B--Protection of Voluntarily Furnished Confidential
Information
``SEC. 211. PROTECTION OF VOLUNTARILY FURNISHED CONFIDENTIAL
INFORMATION.
``(a) Definitions.--In this section:
``(1) Critical infrastructure.--The term `critical
infrastructure' has the meaning given that term in section
1016(e) of the USA PATRIOT ACT of 2001 (42 U.S.C. 5195c(e)).
``(2) Furnished voluntarily.--
``(A) Definition.--The term `furnished voluntarily'
means a submission of a record that--
``(i) is made to the Department in the
absence of authority of the Department
requiring that record to be submitted; and
``(ii) is not submitted or used to satisfy
any legal requirement or obligation or to
obtain any grant, permit, benefit (such as
agency forbearance, loans, or reduction or
modifications of agency penalties or rulings),
or other approval from the Government.
``(B) Benefit.--In this paragraph, the term
`benefit' does not include any warning, alert, or other
risk analysis by the Department.
``(b) In General.--Notwithstanding any other provision of law, a
record pertaining to the vulnerability of and threats to critical
infrastructure (such as attacks, response, and recovery efforts) that
is furnished voluntarily to the Department shall not be made available
under section 552 of title 5, United States Code, if--
``(1) the provider would not customarily make the record
available to the public; and
``(2) the record is designated and certified by the
provider, in a manner specified by the Department, as
confidential and not customarily made available to the public.
``(c) Records Shared With Other Agencies.--
``(1) In general.--
``(A) Response to request.--An agency in receipt of
a record that was furnished voluntarily to the
Department and subsequently shared with the agency
shall, upon receipt of a request under section 552 of
title 5, United States Code, for the record--
``(i) not make the record available; and
``(ii) refer the request to the Department
for processing and response in accordance with
this section.
``(B) Segregable portion of record.--Any reasonably
segregable portion of a record shall be provided to the
person requesting the record after deletion of any
portion which is exempt under this section.
``(2) Disclosure of independently furnished records.--
Notwithstanding paragraph (1), nothing in this section shall
prohibit an agency from making available under section 552 of
title 5, United States Code, any record that the agency
receives independently of the Department, regardless of whether
or not the Department has a similar or identical record.
``(d) Withdrawal of Confidential Designation.--The provider of a
record that is furnished voluntarily to the Department under subsection
(b) may at any time withdraw, in a manner specified by the Department,
the confidential designation.
``(e) Procedures.--The Secretary shall prescribe procedures for--
``(1) the acknowledgement of receipt of records furnished
voluntarily;
``(2) the designation, certification, and marking of
records furnished voluntarily as confidential and not
customarily made available to the public;
``(3) the care and storage of records furnished
voluntarily;
``(4) the protection and maintenance of the confidentiality
of records furnished voluntarily; and
``(5) the withdrawal of the confidential designation of
records under subsection (d).
``(f) Effect on State and Local Law.--Nothing in this section shall
be construed as preempting or otherwise modifying State or local law
concerning the disclosure of any information that a State or local
government receives independently of the Department.
``(g) Report.--
``(1) Requirement.--Not later than 18 months after the date
of the enactment of this Act, the Comptroller General of the
United States shall submit to the committees of Congress
specified in paragraph (2) a report on the implementation and
use of this section, including--
``(A) the number of persons in the private sector,
and the number of State and local agencies, that
furnished voluntarily records to the Department under
this section;
``(B) the number of requests for access to records
granted or denied under this section; and
``(C) such recommendations as the Comptroller
General considers appropriate regarding improvements in
the collection and analysis of sensitive information
held by persons in the private sector, or by State and
local agencies, relating to vulnerabilities of and
threats to critical infrastructure, including the
response to such vulnerabilities and threats.
``(2) Committees of congress.--The committees of Congress
specified in this paragraph are--
``(A) the Committees on the Judiciary and
Governmental Affairs of the Senate; and
``(B) the Committees on the Judiciary and
Government Reform and Oversight of the House of
Representatives.
``(3) Form.--The report shall be submitted in unclassified
form, but may include a classified annex.''.
SEC. 3. TECHNICAL AND CONFORMING AMENDMENT.
The table of contents for the Homeland Security Act of 2002 (Public
Law 107-296) is amended by striking the matter relating to subtitle B
of title II and inserting the following:
``Subtitle B--Protection of Voluntarily
Furnished Confidential
Information.
``Sec. 211. Protection of Voluntarily
Furnished Confidential
Information.''.
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