II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Information Sharing 

5 Improvement Act of 2004’’. 

2 

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1 SEC. 2. NATIONAL SECURITY INTELLIGENCE SHARING. 

2 (a) TELEPHONE RECORDS.—Section 2709(d) of title 

3 18, United States Code, is amended by striking ‘‘for for4 eign’’ and all that follows through ‘‘such agency’’. 

5 (b) CONSUMER INFORMATION UNDER 15 U.S.C. 

6 1681u.—Section 625(f) of the Fair Credit Reporting Act 

7 (15 U.S.C. 1681u(f)) is amended to read as follows: 

8 ‘‘(f) DISSEMINATION OF INFORMATION.—The Fed9 eral Bureau of Investigation may disseminate information 

10 obtained pursuant to this section only as provided in 

11 guidelines approved by the Attorney General. ’’. 

12 (c) CONSUMER INFORMATION UNDER 15 U.S.C. 

13 1681v.—Section 626 of the Fair Credit Reporting Act (15 

14 U.S.C. 1681v) is amended— 

15 (1) by redesignating subsections (d) and (e) as 

16 subsections (e) and (f), respectively; and 

17 (2) by inserting after subsection (c) the fol18 lowing: 

19 ‘‘(d) DISSEMINATION OF INFORMATION.—The Fed20 eral Bureau of Investigation may disseminate information 

21 obtained pursuant to this section only as provided in 

22 guidelines approved by the Attorney General.’’. 

23 (d) FINANCIAL RECORDS.—Section 1114(a)(5)(B) of 

24 the Right to Financial Privacy Act (12 U.S.C. 

25 3414(a)(5)(B)) is amended by striking ‘‘for foreign’’ and 

26 all that follows through ‘‘such agency’’. 

3 

•S 2599 IS 

1 (e) RECORDS CONCERNING CERTAIN GOVERNMENT

2 EMPLOYEES.—Section 802(e) of the National Security 

3 Act of 1947 (50 U.S.C. 436(e)) is amended— 

4 (1) by striking ‘‘An agency’’ and inserting the 

5 following: ‘‘The Federal Bureau of Investigation 

6 may disseminate records or information received 

7 pursuant to a request under this section only as pro8 vided in guidelines approved by the Attorney Gen9 eral. Any other agency’’; and 

10 (2) in paragraph (3), by striking ‘‘clearly’’. 

11 (f) INFORMATION OBTAINED IN NATIONAL SECURITY

12 INVESTIGATIONS.—Section 203(d) of the USA PATRIOT 

13 ACT (50 U.S.C. 403–5d) is amended— 

14 (1) in paragraph (1), by striking ‘‘criminal in15 vestigation’’ each place it appears and inserting 

16 ‘‘criminal or national security investigation’’; and 

17 (2) by amending paragraph (2) to read as fol18 lows: 

19 ‘‘(2) DEFINITIONS.—As used in this sub20 section— 

21 ‘‘(A) the term ‘foreign intelligence informa22 tion’ means— 

23 ‘‘(i) information, whether or not con24 cerning a United States person, that reVerDate Aug 31 2005 00:37 Jun 06, 2006 Jkt 000000 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\MIKE\S2599.IS S2599
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1 lates to the ability of the United States to 

2 protect against— 

3 ‘‘(I) actual or potential attack or 

4 other grave hostile acts of a foreign 

5 power or an agent of a foreign power; 

6 ‘‘(II) sabotage or international 

7 terrorism by a foreign power or an 

8 agent of a foreign power; or 

9 ‘‘(III) clandestine intelligence ac10 tivities by an intelligence service or 

11 network of a foreign power or by an 

12 agent of a foreign power; or 

13 ‘‘(ii) information, whether or not con14 cerning a United States person, with re15 spect to a foreign power or foreign terri16 tory that relates to— 

17 ‘‘(I) the national defense or the 

18 security of the United States; or 

19 ‘‘(II) the conduct of the foreign 

20 affairs of the United States; and 

21 ‘‘(B) the term ‘national security investiga22 tion’— 

23 ‘‘(i) means any investigative activity 

24 to protect the national security; and 

25 ‘‘(ii) includes— 

5 

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1 ‘‘(I) counterintelligence and the 

2 collection of intelligence (as defined in 

3 section 3 of the National Security Act 

4 of 1947 (50 U.S.C. 401a)); and 

5 ‘‘(II) the collection of foreign in6 telligence information.’’. 

7 SEC. 3. GRAND JURY INFORMATION SHARING. 

8 (a) RULE AMENDMENTS.—Rule 6(e) of the Federal 

9 Rules of Criminal Procedure is amended— 

10 (1) in paragraph (3)— 

11 (A) in subparagraph (A)(ii), by striking 

12 ‘‘or state subdivision or of an Indian tribe’’ and 

13 inserting ‘‘, state subdivision, Indian tribe, or 

14 foreign government’’; 

15 (B) in subparagraph (D)— 

16 (i) by inserting after the first sentence 

17 the following: ‘‘An attorney for the govern18 ment may also disclose any grand-jury 

19 matter involving a threat of actual or po20 tential attack or other grave hostile acts of 

21 a foreign power or an agent of a foreign 

22 power, domestic or international sabotage, 

23 domestic or international terrorism, or 

24 clandestine intelligence gathering activities 

25 by an intelligence service or network of a 

6 

•S 2599 IS 

1 foreign power or by an agent of a foreign 

2 power, within the United States or else3 where, to any appropriate Federal, State, 

4 state subdivision, Indian tribal, or foreign 

5 government official for the purpose of pre6 venting or responding to such a threat.’’; 

7 and 

8 (ii) in clause (i)— 

9 (I) by striking ‘‘federal’’; and 

10 (II) by adding at the end the fol11 lowing: ‘‘Any State, state subdivision, 

12 Indian tribal, or foreign government 

13 official who receives information 

14 under Rule 6(e)(3)(D) may use the 

15 information only consistent with such 

16 guidelines as the Attorney General 

17 and Director of Central Intelligence 

18 shall jointly issue.’’; and 

19 (C) in subparagraph (E)— 

20 (i) by redesignating clauses (iii) and 

21 (iv) as clauses (iv) and (v), respectively; 

22 (ii) by inserting after clause (ii) the 

23 following: 

24 ‘‘(iii) at the request of the govern25 ment, when sought by a foreign court or 

7 

•S 2599 IS 

1 prosecutor for use in an official criminal 

2 investigation; ’’; and 

3 (iii) in clause (iv), as redesignated— 

4 (I) by striking ‘‘state or Indian 

5 tribal’’ and inserting ‘‘State, Indian 

6 tribal, or foreign’’; and 

7 (II) by striking ‘‘or Indian tribal 

8 official’’ and inserting ‘‘Indian tribal, 

9 or foreign government official’’; and 

10 (2) in paragraph (7), by inserting ‘‘, or of 

11 guidelines jointly issued by the Attorney General and 

12 Director of Central Intelligence pursuant to Rule 6,’’ 

13 after ‘‘Rule 6’’. 

14 (b) CONFORMING AMENDMENT.—Section 203(c) of 

15 the USA PATRIOT ACT (18 U.S.C. 2517 note) is 

16 amended by striking ‘‘Rule 6(e)(3)(C)(i)(V) and (VI)’’ and 

17 inserting ‘‘Rule 6(e)(3)(D)’’. 

Æ