Sec. 431. No ban on information sharing
1,058 words·~5 min read·
/bill/116/hr/8309/ih/section-431A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subtitle C of title IV of the Homeland Security Act of 2002, as amended by this title, is further amended by adding at the end the following new section: In the course of an investigation concerning a Federal crime within the jurisdiction of the Department, the Secretary may issue in writing and cause to be served a subpoena requiring the production of any biographical records, State-issued identification information, driving record information, vehicle registration information, or criminal history information of a specific individual from a State, local, Tribal, or territorial agency or department that the Secretary determines relevant to such investigation, or requiring testimony by the custodian of such materials to be produced concerning the production and authenticity of such materials.
A subpoena issued under paragraph
(1)shall describe the information described in such paragraph required to be produced and prescribe a return date within a reasonable period of time within which such information can be assembled and made available. The production of information under paragraph
(1)may be required from any State, local, Tribal, or territorial agency or department in any State, or in any territory or other place subject to the jurisdiction of the United States at any designated place of hearing. A subpoena issued under this section may be served by any person designated in the subpoena as the agent of service. Service of a subpoena may be made upon a State, local, Tribal, or territorial agency or department, by delivering the subpoena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpoena entered by that person on a true copy thereof shall be sufficient proof of service. In the case of the contumacy by, or refusal to obey a subpoena issued to, any State, local, Tribal, or territorial agency or department, the Secretary, in coordination with the Attorney General, may invoke the aid of any court of the United States within the jurisdiction of which the investigation described in subsection
(a)is being conducted or within the jurisdiction that the subject of such investigation is located, to compel compliance with such subpoena. A court of the United States described in paragraph
(1)may issue an order requiring the subpoenaed State agency or department, in accordance with such subpoena, to appear, to produce records, or to give testimony relating to the matter under investigation. Any failure to obey the order of the court may be punished by the court as contempt thereof. Any process under this subsection may be served in any judicial district in which the State, local, Tribal, or territorial agency or department may be found. If the Secretary certifies that otherwise there may result a danger to the national security of the United States, no person may disclose to any other person that a subpoena was received or information was provided pursuant to this section, other than to— those persons to whom such disclosure is necessary in order to comply with such subpoena; an attorney to obtain legal advice with respect to testimony or the production of information in response to such subpoena; or other persons as permitted by the Secretary. The subpoena, or an officer, employee, or agency of the United States in writing, shall notify the State, local, Tribal, or territorial agency or department to whom such subpoena is directed of the nondisclosure requirements under paragraph (1). Any person who receives a disclosure under this subsection shall be subject to the same prohibitions on disclosure described in paragraph (1). Whoever knowingly violates paragraph
(1)or
(3)shall be imprisoned for not more than one year, and if such violation is committed with the intent to obstruct an investigation or judicial proceeding, shall be imprisoned for not more than five years. If the Secretary determines that a nondisclosure requirement no longer is justified by a danger to the national security of the United States, an officer, employee, or agency of the United States shall notify the relevant State, local, Tribal, or territorial agency or department that the prohibition of disclosure is no longer applicable. At any time before the return date specified in a subpoena issued under this section, the State, local, Tribal, or territorial agency or department summoned may, in the United States district court for the district in which such State, local, Tribal, or territorial agency or department does business or resides, petition for an order modifying or setting aside such subpoena. Any court described in paragraph
(1)may modify or set aside a nondisclosure requirement imposed under subsection
(d)at the request of a State, local, Tribal, or territorial agency or department to whom a subpoena has been directed, unless there is reason to believe that such nondisclosure requirement is justified because otherwise there may result a danger to the national security of the United States. In all proceedings under this subsection, the court shall review the submission of the Federal Government, which may include classified information, ex parte and in camera. Any State, local, Tribal, or territorial agency or department, including officers, agents, and employees of a non-natural person, who in good faith produce the information requested in a subpoena, shall not be liable in any court of the United States to any customer or other person for such production, or for nondisclosure of such production to the customer or other person. The Secretary shall, by rule, establish such guidelines as are necessary to ensure the effective implementation of this section. The Secretary shall annually submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report (which may include a classified annex but with the presumption of declassification) on the use of subpoenas under this subsection by the Secretary, which shall include a discussion of— the number of and reason for the subpoenas issued under this section by the Secretary during the preceding year; and a description of the outcome of each such subpoena. . The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 440, as added by this title, the following new item: Sec. 440A. Access to State, local, Tribal, and territorial information. .