AB 2152,
as amended, Levine. begin deletePublic postsecondary education: federal contracts. end deletebegin insertPublic postsecondary education institutions: contracts with federal intelligence agencies.end insert
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,begin insert managed by,end insert or affiliated with, any of those segments, tobegin delete 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 affiliatedend deletebegin insert
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 end insertbegin insertto whom it pertainsend insert.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Chapter 2.7 (commencing with Section 99130)
2is added to Part 65 of Division 14 of Title 3 of the Education Code,
3to read:
4
(a) The University of California, the California State
9University, the California Community Colleges, any private or
10independent institution of higher education, and any campus or
11research institution that is a part of, or affiliated with, any of those
12segments, shall report annually on any contract with a federal
13agency to which it is a party.
14(b) The report required by this section shall identify the federal
15agency with which it has contracted.
16(c) The report required by this section shall be made publicly
17available on the Internet Web site of the segment of which the
18institution is a part, or with which the institution is affiliated.
(a) The University of California, the California State
20University, the California Community Colleges, any private or
21independent institution of higher education, and any campus or
22research institution that is a part of, managed by, or affiliated with
P3 1any of those segments, shall, prior to entering into a contract with
2a federal intelligence agency, determine whether the proposed
3contract would involve the analysis or processing of personally
4identifiable information. If the institution determines that this is
5the case, it shall require the federal intelligence agency to disclose
6whether the personally identifiable information was collected with
7the knowledge of the individuals to whom it pertains.
8(b) An institution described in subdivision
(a) shall require a
9proposed contract to be approved at an open and public meeting
10of the institution’s governing board and shall disclose the type of
11research and information sought by the federal intelligence agency,
12if the proposed contract would do any of the following:
13(1) Involve the analysis or processing of personally identifiable
14information that was collected without the knowledge of the
15individuals to whom it pertains.
16(2) Involve the analysis or processing of disaggregated
17personally identifiable information, or deidentified but
18reidentifiable information, about individuals.
19(3) Potentially assist in the analytical processing of personally
20identifiable information of individuals.
21(4) Assist in the conduct of surveillance activities performed
22
by, or on behalf of, a federal intelligence agency.
23(c) An institution described in subdivision (a) shall disclose, on
24an annual basis, the number of contracts with federal intelligence
25agencies where the agency sponsoring the contract imposes a limit
26or restriction on the publication of research.
27(d) An institution described in subdivision (a) shall not enter
28into a contract with a federal intelligence agency that imposes
29limits or restrictions on the publication of research if the contract
30would involve the analysis or processing of personally identifiable
31information collected without the knowledge of the individuals to
32whom it pertains.
33(e) As used in this section, the following terms have the following
34meanings:
35(1) “Individual” means a natural
person, regardless of
36citizenship.
37(2) “Personally identifiable information” means information
38that can be used to distinguish or trace an individual’s identity,
39including, but not limited to, an individual’s name, social security
40number, or biometric records, whether alone or when combined
P4 1with other personal or identifying information that is linked or
2linkable to a specific individual.
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