Sec. 304. Notice of intelligence community engagement in activities pursuant to presidential emergency action documents
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/bill/116/hr/7856/rh/section-304·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If any element of the intelligence community receives direction from the President to engage in any activity pursuant to a presidential emergency action document or an equivalent or successor document, the head of such element shall, not later than 72 hours before engaging in such activity, submit to the congressional intelligence committees a written notice under this section. A notice under subsection
(a)with respect to any direction to engage in an activity, shall include each of the following: A summary of the presidential emergency action document or equivalent document pursuant to which the activity is directed. A detailed description of the activity or activities that the element of the intelligence community has been directed to undertake. The date on which the President directed the element to undertake such activity. An identification of any other government departments or agencies involved in the activity and a description of the roles of any such department or agency with respect to such activity. A notice under this section shall be submitted in unclassified form, but may include a classified annex only to the extent necessary to protect against identified, specific threats to the national security of the United States. If the head of an element of the intelligence community that is required to provide notice under subsection
(a)determines it is necessary, and in the event of a specific threat to the national security of the United States caused by a national emergency, the head of the element may delay the submittal of such notice by a period not to exceed five days. If the head of an element delays the submittal of such notice under this subsection, the head shall advise the chair and ranking members of the congressional intelligence committees of the activity covered by the notice as soon as possible but not later than 24 hours after the element has commenced the activity. In this section, the term presidential emergency action document means— each of the approximately 56 documents described as presidential emergency action documents in the budget justification materials for the Office of Legal Counsel of the Department of Justice submitted to Congress in support of the budget of the President for fiscal year 2018; and any other pre-coordinated legal document in existence before, on, or after the date of the enactment of this Act that— is designated as a presidential emergency action document; or is designed to implement a presidential decision or transmit a presidential request when an emergency disrupts normal governmental or legislative processes.