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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: AB 2152	AMENDED
	BILL TEXT

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

   Existing law establishes the University of California, the
California State University, the California Community Colleges, and
private or independent institutions of higher education as the
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  report
annually on any contract with a federal agency to which it is a
party. The bill would require that the report be made publicly
available on the Internet Web site of the segment of which the
institution is a part, or with which the institution is affiliated
  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 intell   igence
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.   FEDERAL  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, or affiliated with, any of
those segments, shall report annually on any contract with a federal
agency to which it is a party.
   (b) The report required by this section shall identify the federal
agency with which it has contracted.
   (c) The report required by this section shall be made publicly
available on the Internet Web site of the segment of which the
institution is a part, or with which the institution is affiliated.
 
   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.