Sec. 409. Notice to Congress of counterintelligence threats to legislative branch
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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 (and conforming the table of contents at the beginning of such Act accordingly): Consistent with the protection of intelligence sources and methods, the Director of National Intelligence and the Director of the Federal Bureau of Investigation shall jointly— notify, in a timely manner, congressional leadership of any counterintelligence threat to the legislative branch or a legislative branch official; provide to legislative branch officials determined appropriate by the Directors, including any such official targeted or compromised by such a threat, briefings on the defense against such threats; and prepare reports that include specific information concerning such threats to the legislative branch or legislative branch officials but exclude the intelligence sources or methods by which such information has been obtained, to facilitate the increased distribution of specific information concerning such threats.
In determining the appropriateness of disseminating information on counterintelligence threats (including information associated with a sensitive intelligence matter or ongoing criminal investigation) or of providing a briefing on the defense against such threats under subsection (a), the Director of National Intelligence and the Director of the Federal Bureau of Investigation shall seek to resolve such determination in favor of the action most compatible with enhancing the defense of the legislative branch against such threats.
On a quarterly basis, the Director of National Intelligence shall submit to congressional leadership a report on counterintelligence threats to the legislative branch or legislative branch officials. Each report under paragraph
(1)shall include, with respect to the quarterly period covered by the report, the following: A description of any counterintelligence threat to the legislative branch or a legislative branch official (including the identity of any such official) identified during such period. An identification of each date on which the intelligence community became aware of such a threat. An identification of the number of briefings provided under subsection (a)(2) during such period, including an identification of each date on which such a briefing occurred. An identification of the number of reports prepared under subsection (a)(3) during such period. In this section: The term congressional leadership means— the Speaker of the House of Representatives; the minority leader of the House of Representatives; the majority leader of the Senate; the minority leader of the Senate; the Chairman and Ranking Member of the Permanent Select Committee on Intelligence of the House of Representatives; and the Chairman and Vice Chairman of the Select Committee on Intelligence of the Senate. The term legislative branch has the meaning given that term in section 202 of title 18, United States Code. The term legislative branch official includes— a Member of Congress; an elected officer of either House of Congress; any employee of, or any other individual functioning in the capacity of an employee of— a Member of Congress; a committee of either House of Congress; the leadership staff of the House of Representatives or the leadership staff of the Senate; a joint committee of Congress; or a working group or caucus organized to provide legislative services or other assistance to Members of Congress; and any other legislative branch employee serving in a position described under section 13101(13) of title 5, United States Code. .
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Sec. 409
Notice to Congress of counterintelligence threats to legislative branch
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