I
107TH CONGRESS
1ST SESSION
H. R. 3285
To provide for the sharing of certain foreign intelligence information with
local law enforcement personnel, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 13, 2001
Mr. WEINER (for himself, Mr. CONYERS, Mr. FOSSELLA, Mr. GILMAN, Mr.
GRUCCI, Mr. KING, Mrs. MALONEY of New York, Mrs. MCCARTHY of
New York, Mr. NADLER, Mr. OWENS, Mr. REYNOLDS, Mr. SERRANO,
Mr. SWEENEY, and Ms. HARMAN) introduced the following bill; which
was referred to the Committee on the Judiciary, and in addition to the
Committees on Intelligence (Permanent Select), Financial Services, and
Education and the Workforce, 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 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal-Local Infor-
mation Sharing Partnership Act of 2001’’.
SEC. 2. AUTHORITY TO SHARE GRAND JURY INFORMATION.
Rule 6(e)(3)(C) of the Federal Rules of Criminal Pro-
cedure is amended—
(1) in clause (i)(V), by inserting after ‘‘national
security official’’ the following: ‘‘or to law enforce-
ment 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 ‘‘na-
tional security official’’ the following: ‘‘or to law en-
forcement personnel of a State or political subdivi-
sion of a State (including the chief executive officer
of that State or political subdivision who has the au-
thority to appoint or direct the chief law enforce-
ment officer of that State or political subdivision)’’;
(2) in the second sentence, by striking ‘‘Fed-
eral’’; 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 re-
ceives information pursuant to this paragraph shall
only use that information consistent with such
guidelines as the Attorney General shall issue to pro-
tect 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 ‘‘na-
tional security official’’ the following: ‘‘or to law en-
forcement personnel of a State or political subdivi-
sion of a State (including the chief executive officer
of that State or political subdivision who has the au-
thority to appoint or direct the chief law enforce-
ment officer of that State or political subdivision)’’;
(2) in the second sentence, by striking ‘‘Fed-
eral’’; 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 re-
ceives information pursuant to this paragraph shall
only use that information consistent with such
guidelines as the Attorney General shall issue to pro-
tect 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 re-
port 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 en-
forcement 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 TERROR-
ISTS.
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 para-
graph (3); and
(3) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) the Secretary of State may provide copies
of any record of the Department of State and of dip-
lomatic and consular offices of the United States
pertaining to the issuance or refusal of visas or per-
mits to enter the United States, or any information
contained in those records, to law enforcement per-
sonnel 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), if the Secretary deter-
mines that it is necessary and appropriate, however,
any chief executive officer or law enforcement per-
sonnel 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 pro-
tect confidentiality; and’’.
SEC. 7. INFORMATION ACQUIRED FROM AN ELECTRONIC
SURVEILLANCE.
Section 160(k)(1) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1806) is amended by insert-
ing 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 ap-
point 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 Surveil-
lance Act of 1978 (50 U.S.C. 1825) is amended by insert-
ing 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 ap-
point 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 Provi-
sions Act (20 U.S.C. 1232g) is amended—
(1) by inserting after ‘‘disseminate’’ the fol-
lowing: ‘‘(including disclosure of the contents of
those education records to law enforcement per-
sonnel 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 re-
ceives information pursuant to this paragraph shall
only use that information consistent with those
guidelines.’’.
SEC. 10. INVESTIGATION AND PROSECUTION OF TER-
RORISM.
Section 408(c)(1)(B) of the National Education Sta-
tistics Act of 1994 (20 U.S.C. 9007) is amended—
(1) by inserting after ‘‘disseminate’’ the fol-
lowing: ‘‘(including disclosure of the contents of
those reports, records, and information to law en-
forcement personnel of a State or political subdivi-
sion of a State, including the chief executive officer
of that State or political subdivision who has the au-
thority to appoint or direct the chief law enforce-
ment officer of that State or political subdivision, in
the performance of the official duties of that law en-
forcement 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 re-
ceives information pursuant to this paragraph shall
only use that information consistent with those
guidelines.’’.
Æ