Sec. 437. Advisability and feasibility study on updating intelligence sharing regulations
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Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with each head of an element of the intelligence community, shall assess the advisability and feasibility of revising applicable policies and regulations with respect to the sharing of intelligence by an element of the intelligence community with foreign governments to incorporate the principles described under subsection
(b). The principles to be assessed for advisability and feasibility shall be the following: The intelligence community may not share actionable intelligence with another country unless the intelligence community receives such credible and reliable written assurances from a representative of the country that the country shall use the intelligence in accordance with applicable international law. Any policies authorizing the sharing of actionable intelligence shall require special protections to reduce the risk of violations of applicable international law as a consequence of sharing such intelligence. Any policies authorizing the sharing of actionable intelligence with another country shall require the element of the intelligence community concerned to document the risks and benefits of requiring the country receiving the intelligence to make credible and reliable written assurances that the country, when using the intelligence, will conduct only lethal or capture operations that comply with policy standards of the United States with respect to detainee treatment and direct action counterterrorism operations outside areas of active hostilities. If the head of an element of the intelligence community receives or conducts an assessment calling into question the credibility or reliability of written assurances provided by another country to comply with applicable international law with respect to the intelligence, the head shall, within 45 days of receiving or conducting the assessment— inform the Director of National Intelligence and, as appropriate, the Secretary of Defense; and take appropriate action to assess further and remediate the situation, which may include suspending further sharing of intelligence or receiving further assurances from the country of compliance with applicable international law. Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the advisability and feasibility of incorporating the principles described in subsection
(b)into regulations on the sharing of intelligence by an element of the intelligence community, including the degree to which the current practices of each element of the intelligence community for the sharing of intelligence are consistent with such principles. In this section, the term actionable intelligence means information sufficiently detailed and timely to permit, assist, or allow an action or operation in the near-term.