[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1615 Reported in Senate (RS)]






                                                       Calendar No. 563
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, Mr. Hatch, Mr. 
  Durbin, Mr. Biden, and Mr. Cleland) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

                           September 5, 2002

                Reported by Mr. Leahy, with an amendment
 [Strike out all after enacting clause and insert the part printed in 
                                italic.]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Federal-Local Information 
Sharing Partnership Act of 2001''.</DELETED>

<DELETED>SEC. 2. AUTHORITY TO SHARE GRAND JURY INFORMATION.</DELETED>

<DELETED>    Rule 6(e)(3)(C) of the Federal Rules of Criminal Procedure 
is amended--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) in clause (iii)--</DELETED>
                <DELETED>    (A) by striking ``Federal''; and</DELETED>
                <DELETED>    (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.''.</DELETED>

<DELETED>SEC. 3. AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL 
              INTERCEPTION INFORMATION.</DELETED>

<DELETED>    Section 2517(6) of title 18, United States Code, is 
amended--</DELETED>
        <DELETED>    (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)'';</DELETED>
        <DELETED>    (2) in the second sentence, by striking 
        ``Federal''; and</DELETED>
        <DELETED>    (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.''.</DELETED>

<DELETED>SEC. 4. FOREIGN INTELLIGENCE INFORMATION.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (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)'';</DELETED>
        <DELETED>    (2) in the second sentence, by striking 
        ``Federal''; and</DELETED>
        <DELETED>    (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.''.</DELETED>

<DELETED>SEC. 5. DISCLOSURES TO GOVERNMENTAL AGENCIES FOR 
              COUNTERTERRORISM PURPOSES.</DELETED>

<DELETED>    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.''.</DELETED>

<DELETED>SEC. 6. MULTILATERAL COOPERATION AGAINST TERRORISTS.</DELETED>

<DELETED>    Section 222(f) of the Immigration and Nationality Act (8 
U.S.C. 1202(f)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by striking the period at 
        the end and inserting a semicolon;</DELETED>
        <DELETED>    (2) by redesignating paragraph (2) as paragraph 
        (3); and</DELETED>
        <DELETED>    (3) by inserting after paragraph (1) the 
        following:</DELETED>
        <DELETED>    ``(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''.</DELETED>

<DELETED>SEC. 7. INFORMATION ACQUIRED FROM AN ELECTRONIC 
              SURVEILLANCE.</DELETED>

<DELETED>    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)''.</DELETED>

<DELETED>SEC. 8. INFORMATION ACQUIRED FROM A PHYSICAL SEARCH.</DELETED>

<DELETED>    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)''.</DELETED>

<DELETED>SEC. 9. DISCLOSURE OF EDUCATIONAL RECORDS.</DELETED>

<DELETED>    Section 444(j)(1)(B) of the General Education Provisions 
Act (20 U.S.C. 1232g) is amended--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.''.</DELETED>

<DELETED>SEC. 10. INVESTIGATION AND PROSECUTION OF TERRORISM.</DELETED>

<DELETED>    Section 408(c)(1)(B) of the National Education Statistics 
Act of 1994 (20 U.S.C. 9007) is amended--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal-Local Information Sharing 
Partnership Act of 2002''.

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: 
                ``Information referred to in this clause that is shared 
                with local authorities shall be shared only for the 
                purpose of investigating or preventing international or 
                domestic terrorism (as those terms are defined in 
                section 2331 of title 18, United States Code) or a 
                Federal crime of terrorism (as that term is defined in 
                section 2332b of title 18, United States Code). 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 
                regulations as the Attorney General shall promulgate to 
                protect confidentiality.''.

SEC. 3. AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL INTERCEPTION 
              INFORMATION.

    Section 2517 of title 18, United States Code, is amended--
            (1) in paragraph (1), by inserting ``or such derivative 
        evidence'' after ``such contents'';
            (2) in paragraph (2), by inserting ``or such derivative 
        evidence'' after ``such contents''; and
            (3) in paragraph (6)--
                    (A) 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)'';
                    (B) in the second sentence, by striking 
                ``Federal''; and
                    (C) by adding at the end the following: 
                ``Information referred to in this paragraph that is 
                shared with local authorities shall be shared only for 
                the purpose of investigating or preventing 
                international or domestic terrorism (as those terms are 
                defined in section 2331) or a Federal crime of 
                terrorism (as that term is defined in section 2332b). 
                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 regulations as the Attorney General shall 
                promulgate 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: ``Information 
        referred to in this paragraph that is shared with local 
        authorities shall be shared only for the purpose of 
        investigating or preventing international or domestic terrorism 
        (as those terms are defined in section 2331 of title 18, United 
        States Code) or a Federal crime of terrorism (as that term is 
        defined in section 2332b of title 18, United States Code). 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 regulations as the Attorney General shall 
        promulgate to protect confidentiality.''.

SEC. 5. 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. 6. 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)''.




                                                       Calendar No. 563

107th CONGRESS

  2d Session

                                S. 1615

_______________________________________________________________________

                                 A BILL

To provide for the sharing of certain foreign intelligence information 
     with local law enforcement personnel, and for other purposes.

_______________________________________________________________________

                           September 5, 2002

                       Reported with an amendment