Amended in Assembly May 7, 2014

Amended in Assembly April 23, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2152

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, begin insert and end insert the California Community Colleges begin delete , and private or independent institutions of higher education end delete as the begin insert 3 end insert segments of public postsecondary education in this state.

This bill would require the University of California, the California State University, the California Community Colleges, begin delete any private or independent institution of higher education, end delete 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, begin delete any private or
independent institution of higher education, end delete 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.