Sec. 303. Notice of intelligence community provision of support for Federal, State, local, or tribal government response to civil disobedience or domestic civil disturbances
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It is the sense of Congress that— it is essential that the people of the United States have trust and confidence in the legitimacy of the Armed Forces and the intelligence community, which are obligated to protect the rights of all the people of the United States; in a democracy, intelligence activities must not only be legitimate, they must also be perceived as legitimate; intelligence support to domestic-focused activities by the Armed Forces or Federal law enforcement components involved in responding to protests, including to monitor, assess, or otherwise track Americans who are taking to the streets or otherwise engaging in constitutionally protected activity within the United States, is inappropriate in all but the most extreme circumstances; although all elements of the intelligence community are authorized under Executive Order 12333 to provide assistance to law enforcement that is not precluded by applicable law , activities that may be appropriate in the context of routine criminal investigations may nevertheless be inappropriate in the context of law enforcement response to protest or civil disturbances.
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: Not later than 72 hours before a covered agency provides support for any Federal, State, local, or Tribal government response to a civil disobedience or domestic civil disturbance, the head of the agency shall submit to the appropriate congressional committees and the covered recipients notice of the provision of such support. Notice provided under subsection
(a)with respect to the provision of support shall include each of the following: The date on which the requested support was approved. The entity requesting the support. The type of support requested. A detailed description of the support that the select agency intends to provide. A brief description of the legal basis for providing the support. If the provision of such support requires notice to be provided under section 1055(b) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ), all the content of such notice. Any other facts or circumstances that the head of the covered agency determines are relevant. Not later than 72 hours after the date on which any notice is provided under subsection (a), the Director of National Intelligence shall make the notice publicly available on the internet website of the Director of National Intelligence and the internet website of the agency or agencies making the notification. If the notice is classified as provided under subsection (d), a redacted unclassified notice shall be made publicly available under this subsection. Except as provided in paragraph (2), a notice under subsection
(a)shall be submitted in unclassified form. If the Director of National Intelligence makes a determination in writing that the protection of sources and methods requires that a notice under subsection
(a)be classified, the notice may be submitted in classified form but shall be accompanied by a notice redacted to remove classified information. The authority to make a determination under this paragraph may not be delegated. The Director of National Intelligence may waive the requirement to submit advance notice under subsection
(a)if the Director determines that the support is to be provided in association with any Federal, State, local, or Tribal government response to— armed insurrection; an act of foreign terrorism; an act of domestic terrorism; a response to a natural disaster; or another extreme circumstance constituting a grave threat. If the Director issues a waiver under paragraph (1), notice under subsection
(a)shall be provided as soon as practicable after the provision of support and, in any event, no later than 48 hours after the provision of such support. The authority to issue a waiver and the authority to make a determination under paragraph
(1)may not be delegated. The Director of National Intelligence shall submit to the appropriate congressional committees quarterly reports that include a description of any assistance provided by a covered agency to law enforcement authorities. Each report required under this subsection shall include, for each instance in which assistance was provided— the date on which the assistance was requested; the entity requesting the assistance; the type of assistance requested; detailed description of the assistance that the covered agency intends to or did provide; a brief description of the legal basis for providing the assistance; the date on which notice for such assistance was provided under subsection
(a)and the date on which such notice was made publicly available under subsection (c); and any other facts or circumstances that the Director determines are relevant. Each report required under this subsection shall be submitted in unclassified form, but may include a classified annex. In this section: The term covered agency means any element of the intelligence community. The term civil disobedience means— a protest, rally, march, demonstration; or an active, professed refusal of a citizen to obey a law, demand, order, or command of a government. The term domestic civil disturbance means any activity arising from a mass act (including a protest, demonstration, riot, or strike) in which the participants become hostile toward authority, including— the exercise of first amendment rights by protesters; violence or property destruction incident to protests; and obstruction of publicly available spaces, including obstruction of roads or camping symbolically in public places. The term support includes pre-deployment intelligence support provided to members of the Armed Forces responding or preparing to respond to a civil disobedience or domestic civil disturbance. The term appropriate committees of Congress means— the Permanent Select Committee on Intelligence and the Subcommittee on Defense of the Committee on Appropriations; the Select Committee on Intelligence and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and in the case of support provided by a select agency within the Department of Defense, the Committees on Armed Services of the Senate and House of Representatives. The term covered recipient means— the Inspector General of the Intelligence Community; the inspector general of the agency providing support; and the Attorney General. . The table of contents for the National Security Act of 1947 is amended by inserting after the item relating to section 512 the following new item: 513. Notice of provision of support for Federal, State, local, or Tribal government response to civil disobedience or domestic civil disturbances. .
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Sec. 303
Notice of intelligence community provision of support for Federal, State, local, or tribal government response to civil disobedience or domestic civil disturbances
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