Sec. 207. Procedures regarding dissemination of nonpublicly available information concerning United States persons
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Title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq.) is amended by adding at the end the following new section: The head of each element of the intelligence community, in consultation with the Director of National Intelligence, shall develop and maintain procedures for that element to respond to covered requests. The procedures under subsection
(a)shall ensure, at a minimum, the following: The originating element documents in writing each covered request received by the element, including— the name or title of the individual of the requesting element who is making the request; the name or title of each individual who will receive the United States person identity information sought by the covered request; and a fact-based justification describing why such United States person identity information is required by each individual described in subparagraph
(B)to carry out the duties of the individual. A covered request may only be approved by the head of the originating element or by officers or employees of such element to whom the head has specifically delegated such authority. The originating element retains records on covered requests, including the disposition of such requests, for not less than 5 years. The records described in paragraph
(3)include, with respect to approved covered requests, the name or title of the individual of the originating element who approved such request. The procedures include an exception that— allows for the immediate disclosure of United States person identity information in the event of exigent circumstances or where a delay could result in the loss of intelligence; and requires that promptly after such disclosure the requesting element makes a covered request with respect to such information. If a covered request is made during a period beginning on the date of a general election for President and ending on the date on which such President is inaugurated— the documentation under paragraph
(1)includes whether— the individual of a requesting element who is making the request knows or believes that any United States person identity sought by the request is of an individual who is a member of the transition team of the President-elect and Vice-President-elect; or based on the intelligence community report to which the request pertains, the originating element knows or reasonably believes that any United States person identity sought by the request is of an individual who is a member of the transition team of the President-elect and Vice-President-elect; the approval made pursuant to paragraph
(2)of a covered request that contains a United States person identity described in subparagraph
(A)is subject to the concurrence of the general counsel of the originating element (or, in the absence of the general counsel, the first assistant general counsel) that the dissemination of such identity information is in accordance with the procedures under subsection (a); and consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters, the head of the originating element notifies the chairmen and ranking minority members of the congressional intelligence committees of any approval described in subparagraph
(B)by not later than 14 days after the date of such approval. Not later than April 30 of each year, the head of each element of the intelligence community shall submit to the congressional intelligence committees a report documenting, with respect to the year covered by the report— the total number of covered requests received by that element; of such total number, the number of requests approved; of such total number, the number of requests denied; and for each number calculated under paragraphs
(1)through (3), the number listed by each requesting element. With respect to the dissemination of congressional identity information, the head of each element of the intelligence community shall carry out this section in accordance with annex A of Intelligence Community Directive 112, or successor annex or directive. The Director of National Intelligence may not modify or supersede annex A of Intelligence Community Directive 112, or successor annex or directive, unless— the Director notifies the congressional intelligence committees of the proposed modifications or new annex or directive; and a period of 30 days elapses following such notification. The requirements of this section are in addition to any minimization procedures established pursuant to the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq.), Executive Order No. 12333 ( 50 U.S.C. 3001 note), or successor order, or other relevant provision of law or Executive order. In this section: The term covered request means a request by a requesting element to an originating element for nonpublic identifying information with respect to a known unconsenting United States person that was omitted from an intelligence community report disseminated by the originating element. The term originating element means an element of the intelligence community that disseminates an intelligence community report that contains a reference to a known unconsenting United States person but omits nonpublic identifying information with respect to such person. The term requesting element means an element of the United States Government that receives an intelligence community report from an originating element and makes a covered request with respect to such report. The term United States person has the meaning given the term in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). . The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 511 the following new item: Sec. 512. Procedures regarding dissemination of nonpublicly available information concerning United States persons. . The head of each element of the intelligence community shall develop the procedures required by section 512(a) of the National Security Act of 1947, as added by subsection (a)(1), by not later than 90 days after the date of the enactment of this Act. Not later than December 31, 2018, the Director of National Intelligence shall submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a report assessing the compliance with the procedures required by section 512(a) of the National Security Act of 1947, as added by subsection (a)(1).
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Sec. 207
Procedures regarding dissemination of nonpublicly available information concerning United States persons
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