[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2599 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2599

To strengthen anti-terrorism investigative tools, to enhance prevention 
and prosecution of terrorist crimes, to combat terrorism financing, to 
  improve border and transportation security, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 24, 2004

Mr. Chambliss (for himself and Mr. Kyl) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To strengthen anti-terrorism investigative tools, to enhance prevention 
and prosecution of terrorist crimes, to combat terrorism financing, to 
  improve border and transportation security, 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 ``Information Sharing Improvement Act 
of 2004''.

SEC. 2. NATIONAL SECURITY INTELLIGENCE SHARING.

    (a) Telephone Records.--Section 2709(d) of title 18, United States 
Code, is amended by striking ``for foreign'' and all that follows 
through ``such agency''.
    (b) Consumer Information Under 15 U.S.C. 1681u.--Section 625(f) of 
the Fair Credit Reporting Act (15 U.S.C. 1681u(f)) is amended to read 
as follows:
    ``(f) Dissemination of Information.--The Federal Bureau of 
Investigation may disseminate information obtained pursuant to this 
section only as provided in guidelines approved by the Attorney 
General. ''.
    (c) Consumer Information Under 15 U.S.C. 1681v.--Section 626 of the 
Fair Credit Reporting Act (15 U.S.C. 1681v) is amended--
            (1) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (2) by inserting after subsection (c) the following:
    ``(d) Dissemination of Information.--The Federal Bureau of 
Investigation may disseminate information obtained pursuant to this 
section only as provided in guidelines approved by the Attorney 
General.''.
    (d) Financial Records.--Section 1114(a)(5)(B) of the Right to 
Financial Privacy Act (12 U.S.C. 3414(a)(5)(B)) is amended by striking 
``for foreign'' and all that follows through ``such agency''.
    (e) Records Concerning Certain Government Employees.--Section 
802(e) of the National Security Act of 1947 (50 U.S.C. 436(e)) is 
amended--
            (1) by striking ``An agency'' and inserting the following: 
        ``The Federal Bureau of Investigation may disseminate records 
        or information received pursuant to a request under this 
        section only as provided in guidelines approved by the Attorney 
        General. Any other agency''; and
            (2) in paragraph (3), by striking ``clearly''.
    (f) Information Obtained in National Security Investigations.--
Section 203(d) of the USA PATRIOT ACT (50 U.S.C. 403-5d) is amended--
            (1) in paragraph (1), by striking ``criminal 
        investigation'' each place it appears and inserting ``criminal 
        or national security investigation''; and
            (2) by amending paragraph (2) to read as follows:
            ``(2) Definitions.--As used in this subsection--
                    ``(A) the term `foreign intelligence information' 
                means--
                            ``(i) information, whether or not 
                        concerning a United States person, that relates 
                        to the ability of the United States to protect 
                        against--
                                    ``(I) actual or potential attack or 
                                other grave hostile acts of a foreign 
                                power or an agent of a foreign power;
                                    ``(II) sabotage or international 
                                terrorism by a foreign power or an 
                                agent of a foreign power; or
                                    ``(III) clandestine intelligence 
                                activities by an intelligence service 
                                or network of a foreign power or by an 
                                agent of a foreign power; or
                            ``(ii) information, whether or not 
                        concerning a United States person, with respect 
                        to a foreign power or foreign territory that 
                        relates to--
                                    ``(I) the national defense or the 
                                security of the United States; or
                                    ``(II) the conduct of the foreign 
                                affairs of the United States; and
                    ``(B) the term `national security investigation'--
                            ``(i) means any investigative activity to 
                        protect the national security; and
                            ``(ii) includes--
                                    ``(I) counterintelligence and the 
                                collection of intelligence (as defined 
                                in section 3 of the National Security 
                                Act of 1947 (50 U.S.C. 401a)); and
                                    ``(II) the collection of foreign 
                                intelligence information.''.

SEC. 3. GRAND JURY INFORMATION SHARING.

    (a) Rule Amendments.--Rule 6(e) of the Federal Rules of Criminal 
Procedure is amended--
            (1) in paragraph (3)--
                    (A) in subparagraph (A)(ii), by striking ``or state 
                subdivision or of an Indian tribe'' and inserting ``, 
                state subdivision, Indian tribe, or foreign 
                government'';
                    (B) in subparagraph (D)--
                            (i) by inserting after the first sentence 
                        the following: ``An attorney for the government 
                        may also disclose any grand-jury matter 
                        involving a threat of actual or potential 
                        attack or other grave hostile acts of a foreign 
                        power or an agent of a foreign power, domestic 
                        or international sabotage, domestic or 
                        international terrorism, or clandestine 
                        intelligence gathering activities by an 
                        intelligence service or network of a foreign 
                        power or by an agent of a foreign power, within 
                        the United States or elsewhere, to any 
                        appropriate Federal, State, state subdivision, 
                        Indian tribal, or foreign government official 
                        for the purpose of preventing or responding to 
                        such a threat.''; and
                            (ii) in clause (i)--
                                    (I) by striking ``federal''; and
                                    (II) by adding at the end the 
                                following: ``Any State, state 
                                subdivision, Indian tribal, or foreign 
                                government official who receives 
                                information under Rule 6(e)(3)(D) may 
                                use the information only consistent 
                                with such guidelines as the Attorney 
                                General and Director of Central 
                                Intelligence shall jointly issue.''; 
                                and
                    (C) in subparagraph (E)--
                            (i) by redesignating clauses (iii) and (iv) 
                        as clauses (iv) and (v), respectively;
                            (ii) by inserting after clause (ii) the 
                        following:
                            ``(iii) at the request of the government, 
                        when sought by a foreign court or prosecutor 
                        for use in an official criminal investigation; 
                        ''; and
                            (iii) in clause (iv), as redesignated--
                                    (I) by striking ``state or Indian 
                                tribal'' and inserting ``State, Indian 
                                tribal, or foreign''; and
                                    (II) by striking ``or Indian tribal 
                                official'' and inserting ``Indian 
                                tribal, or foreign government 
                                official''; and
            (2) in paragraph (7), by inserting ``, or of guidelines 
        jointly issued by the Attorney General and Director of Central 
        Intelligence pursuant to Rule 6,'' after ``Rule 6''.
    (b) Conforming Amendment.--Section 203(c) of the USA PATRIOT ACT 
(18 U.S.C. 2517 note) is amended by striking ``Rule 6(e)(3)(C)(i)(V) 
and (VI)'' and inserting ``Rule 6(e)(3)(D)''.
                                 <all>