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.

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

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)'.

END