S 1615 IS
107th CONGRESS 1st Session S. 1615
To provide for the sharing of certain foreign intelligence information with local law enforcement personnel, and for other purposes. IN THE SENATE OF THE UNITED STATES
November 1, 2001 Mr. SCHUMER (for himself, Mrs. CLINTON, Mr. LEAHY, and Mr. HATCH) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To provide for the sharing of certain foreign intelligence information with local law enforcement personnel, 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 `Federal-Local Information Sharing Partnership Act of 2001'.
SEC. 2. AUTHORITY TO SHARE GRAND JURY INFORMATION.
Rule 6(e)(3)(C) of the Federal Rules of Criminal Procedure is amended--
(1) in clause (i)(V), by inserting after `national security official' the following: `or to law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision)'; and
(2) in clause (iii)--
(A) by striking `Federal'; and
(B) by adding at the end the following: `Any chief executive officer or law enforcement personnel of a State or political subdivision of a State who receives information pursuant to clause (i)(V), shall only use that information consistent with such guidelines as the Attorney General shall issue to protect confidentiality.'.
SEC. 3. AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL INTERCEPTION INFORMATION.
Section 2517(6) of title 18, United States Code, is amended--
(1) in the first sentence, by inserting after `national security official' the following: `or to law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision)';
(2) in the second sentence, by striking `Federal'; and
(3) by adding at the end the following: `Any chief executive officer or law enforcement personnel of a State or political subdivision of a State who receives information pursuant to this paragraph shall only use that information consistent with such guidelines as the Attorney General shall issue to protect confidentiality.'.
SEC. 4. FOREIGN INTELLIGENCE INFORMATION.
Section 203(d)(1) of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001 (Public Law 107-56) is amended--
(1) in the first sentence, by inserting after `national security official' the following: `or to law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision)';
(2) in the second sentence, by striking `Federal'; and
(3) by adding at the end the following: `Any chief executive officer or law enforcement personnel of a State or political subdivision of a State who receives information pursuant to this paragraph shall only use that information consistent with such guidelines as the Attorney General shall issue to protect confidentiality.'.
SEC. 5. DISCLOSURES TO GOVERNMENTAL AGENCIES FOR COUNTERTERRORISM PURPOSES.
Section 626(a) of the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by adding at the end the following: `The recipient of that consumer report or information may further disclose the contents of that report or information to law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision) to assist the official who is to receive that information in the performance of the official duties of that official. Any chief executive officer or law enforcement personnel of a State or political subdivision of a State who receives information pursuant to this subsection shall only use that information consistent with such guidelines as the Attorney General shall issue to protect confidentiality.'.
SEC. 6. MULTILATERAL COOPERATION AGAINST TERRORISTS.
Section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) is amended--
(1) in paragraph (1), by striking the period at the end and inserting a semicolon;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
`(2) the Secretary of State may provide copies of any record of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States, or any information contained in those records, to law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State of political subdivision), if the Secretary determines that it is necessary and appropriate, however, any chief executive officer or law enforcement personnel of a State or political subdivision of a State who receives information pursuant to this paragraph shall only use that information consistent with such guidelines as the Attorney General shall issue to protect confidentiality; and'.
SEC. 7. INFORMATION ACQUIRED FROM AN ELECTRONIC SURVEILLANCE.
Section 106(k)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1806) is amended by inserting after `law enforcement officers' the following: `or law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision)'.
SEC. 8. INFORMATION ACQUIRED FROM A PHYSICAL SEARCH.
Section 305(k)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1825) is amended by inserting after `law enforcement officers' the following: `or law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision)'.
SEC. 9. DISCLOSURE OF EDUCATIONAL RECORDS.
Section 444(j)(1)(B) of the General Education Provisions Act (20 U.S.C. 1232g) is amended--
(1) by inserting after `disseminate' the following: `(including disclosure of the contents of those education records to law enforcement personnel of a State or political subdivision of a State, including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision, in the performance of the official duties of that law enforcement officer)'; and
(2) by adding at the end the following: `Any chief executive officer or law enforcement personnel of a State or political subdivision of a State who receives information pursuant to this paragraph shall only use that information consistent with those guidelines.'.
SEC. 10. INVESTIGATION AND PROSECUTION OF TERRORISM.
Section 408(c)(1)(B) of the National Education Statistics Act of 1994 (20 U.S.C. 9007) is amended--
(1) by inserting after `disseminate' the following: `(including disclosure of the contents of those reports, records, and information to law enforcement personnel of a State or political subdivision of a State, including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision, in the performance of the official duties of that law enforcement officer)'; and
(2) by adding at the end the following: `Any chief executive officer or law enforcement personnel of a State or political subdivision of a State who receives information pursuant to this paragraph shall only use that information consistent with those guidelines.'.