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Code · STATUTE-COMPILATIONS · Intelligence Authorization Act for Fiscal Year 2010 · Sec. 331

Sec. 331. NOTIFICATION PROCEDURES

732 words·~3 min read·/statute-compilations/comps-9631/sec-331

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## SEC. 331 NOTIFICATION PROCEDURES ###
(a)Procedures Section 501(c) of the National Security Act of 1947 (50 U.S.C. 413(c)) is amended by striking “such procedures” and inserting “such written procedures”. ###
(b)Intelligence Activities Section 502(a)(2) of such Act (50 U.S.C. 413a(a)(2)) is amended by inserting “(including the legal basis under which the intelligence activity is being or was conducted)” after “concerning intelligence activities”. ###
(c)Covert Actions Section 503 of such Act (50 U.S.C. 413b) is amended— ####
(1)in subsection (b)(2), by inserting “(including the legal basis under which the covert action is being or was conducted)” after “concerning covert actions”; ####
(2)in subsection (c)— #####
(A)in paragraph (1), by inserting “in writing” after “be reported”; #####
(B)in paragraph (4), by striking “ committee. When ” and inserting the following: > “committee. > > > #### “(5) > > > #####
(A)> > When” > ; and #####
(C)in paragraph (5), as designated by subparagraph (B)— ######
(i)in subparagraph (A), as so designated— ######
(I)by inserting “, or a notification provided under subsection (d)(1),” after “access to a finding”; ######
(II)by inserting “written” before “statement”; and ######
(ii)by adding at the end the following new subparagraph: > > ##### “(B) > > Not later than 180 days after a statement of reasons is submitted in accordance with subparagraph
(A)or this subparagraph, the President shall ensure that— > > > ###### “(i) > > all members of the congressional intelligence committees are provided access to the finding or notification; or > > > ###### “(ii) > > a statement of reasons that it is essential to continue to limit access to such finding or such notification to meet extraordinary circumstances affecting vital interests of the United States is submitted to the Members of Congress specified in paragraph (2).” > ; ####
(3)in subsection (d)— #####
(A)by striking “(d) The President” and inserting “(d)(1) The President”; #####
(B)in paragraph (1), as designated by subparagraph (A), by inserting “in writing” after “notified”; and #####
(C)by adding at the end the following new paragraph: > > #### “(2) > > In determining whether an activity constitutes a significant undertaking for purposes of paragraph (1), the President shall consider whether the activity— > > > ##### “(A) > > involves significant risk of loss of life; > > > ##### “(B) > > requires an expansion of existing authorities, including authorities relating to research, development, or operations; > > > ##### “(C) > > results in the expenditure of significant funds or other resources; > > > ##### “(D) > > requires notification under section 504; > > > ##### “(E) > > gives rise to a significant risk of disclosing intelligence sources or methods; or > > > ##### “(F) > > presents a reasonably foreseeable risk of serious damage to the diplomatic relations of the United States if such activity were disclosed without authorization.” > ; and ####
(4)by adding at the end the following new subsection: > > ### “(g) > > > ####
(1)> > In any case where access to a finding reported under subsection
(c)or notification provided under subsection (d)(1) is not made available to all members of a congressional intelligence committee in accordance with subsection (c)(2), the President shall notify all members of such committee that such finding or such notification has been provided only to the members specified in subsection (c)(2). > > > #### “(2) > > In any case where access to a finding reported under subsection
(c)or notification provided under subsection (d)(1) is not made available to all members of a congressional intelligence committee in accordance with subsection (c)(2), the President shall provide to all members of such committee a general description regarding the finding or notification, as applicable, consistent with the reasons for not yet fully informing all members of such committee. > > > #### “(3) > > The President shall maintain— > > > ##### “(A) > > a record of the members of Congress to whom a finding is reported under subsection
(c)or notification is provided under subsection (d)(1) and the date on which each member of Congress receives such finding or notification; and > > > ##### “(B) > > each written statement provided under subsection (c)(5).” > .
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Sec. 331
NOTIFICATION PROCEDURES
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