Bill Text: CA AB2152 | 2013-2014 | Regular Session | Amended

---

Bill Title: Public postsecondary education institutions: contracts with federal intelligence agencies.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-05-23 - In committee: Set, second hearing. Held under submission. [AB2152 Detail]

Download: California-2013-AB2152-Amended.html

---

BILL NUMBER: AB 2152	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 7, 2014
	AMENDED IN ASSEMBLY  APRIL 23, 2014

INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 20, 2014

   An act to add Chapter 2.7 (commencing with Section 99130) to Part
65 of Division 14 of Title 3 of the Education Code, relating to
postsecondary education.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2152, as amended, Levine. Public postsecondary education
institutions: contracts with federal intelligence agencies.
   Existing law establishes the University of California, the
California State University,  and  the California Community
Colleges  , and private or independent institutions of higher
education  as the  3  segments of public
postsecondary education in this state.
   This bill would require the University of California, the
California State University, the California Community Colleges,
 any private or independent institution of higher education,
 and any campus or research institution that is a part of,
managed by, or affiliated with, any of those segments, to determine
whether a proposed contract with a federal intelligence agency would
involve the analysis or processing of personally identifiable
information, as defined, and if so, would provide for the institution
to require the federal intelligence agency to disclose whether the
personally identifiable information was collected with the knowledge
of the individuals to whom it pertains. The bill would require
certain of those contracts to be approved by the governing board of
the institution at an open and public meeting, and would require
disclosure of the type of research and information sought by the
federal intelligence agency. The bill would require annual disclosure
by the institution of the number of contracts entered into where the
federal intelligence agency sponsoring the contract imposes a limit
or restriction on the publication of research. The bill would
prohibit an institution from entering into a contract with a federal
intelligence agency that imposes limits or restrictions on the
publication of research if the contract would involve the analysis or
processing of personally identifiable information collected without
the knowledge of the individuals to whom it pertains.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 2.7 (commencing with Section 99130) is added to
Part 65 of Division 14 of Title 3 of the Education Code, to read:
      CHAPTER 2.7.  CONTRACTS WITH FEDERAL INTELLIGENCE AGENCIES


   99130.  (a) The University of California, the California State
University, the California Community Colleges,  any private
or independent institution of higher education,  and any
campus or research institution that is a part of, managed by, or
affiliated with any of those segments, shall, prior to entering into
a contract with a federal intelligence agency, determine whether the
proposed contract would involve the analysis or processing of
personally identifiable information. If the institution determines
that this is the case, it shall require the federal intelligence
agency to disclose whether the personally identifiable information
was collected with the knowledge of the individuals to whom it
pertains.
   (b) An institution described in subdivision (a) shall require a
proposed contract to be approved at an open and public meeting of the
institution's governing board and shall disclose the type of
research and information sought by the federal intelligence agency,
if the proposed contract would do any of the following:
   (1) Involve the analysis or processing of personally identifiable
information that was collected without the knowledge of the
individuals to whom it pertains.
   (2) Involve the analysis or processing of disaggregated personally
identifiable information, or deidentified but reidentifiable
information, about individuals.
   (3) Potentially assist in the analytical processing of personally
identifiable information of individuals.
   (4) Assist in the conduct of surveillance activities performed by,
or on behalf of, a federal intelligence agency.
   (c) An institution described in subdivision (a) shall disclose, on
an annual basis, the number of contracts with federal intelligence
agencies where the agency sponsoring the contract imposes a limit or
restriction on the publication of research.
   (d) An institution described in subdivision (a) shall not enter
into a contract with a federal intelligence agency that imposes
limits or restrictions on the publication of research if the contract
would involve the analysis or processing of personally identifiable
information collected without the knowledge of the individuals to
whom it pertains.
   (e) As used in this section, the following terms have the
following meanings:
   (1) "Individual" means a natural person, regardless of
citizenship.
   (2) "Personally identifiable information" means information that
can be used to distinguish or trace an individual's identity,
including, but not limited to, an individual's name, social security
number, or biometric records, whether alone or when combined with
other personal or identifying information that is linked or linkable
to a specific individual.