[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2408 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2408

 To require the Director of National Intelligence to release documents 
    captured in Afghanistan or Iraq during Operation Desert Storm, 
        Operation Enduring Freedom, or Operation Iraqi Freedom.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 14, 2006

 Mr. Santorum introduced the following bill; which was read twice and 
            referred to the Select Committee on Intelligence

_______________________________________________________________________

                                 A BILL


 
 To require the Director of National Intelligence to release documents 
    captured in Afghanistan or Iraq during Operation Desert Storm, 
        Operation Enduring Freedom, or Operation Iraqi Freedom.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. RELEASE OF DOCUMENTS CAPTURED IN IRAQ AND AFGHANISTAN.

    (a) In General.--The Director of National Intelligence shall make 
publicly available on an Internet website all captured documents.
    (b) Review by Director of National Intelligence.--The Director of 
National Intelligence may review a captured document before making such 
document publicly available under subsection (a). The Director shall 
not be required to make a captured document publicly available under 
subsection (a) if--
            (1) in the case of a captured document that is reviewed by 
        the Director before the date of the enactment of this Act, the 
        Director submits to the relevant congressional committees a 
        description of the criteria the Director used to determine it 
        is not appropriate to make a captured document publicly 
        available and such captured document meets such criteria; or
            (2) in the case of a captured document that is reviewed by 
        the Director on or after the date of the enactment of this Act, 
        the Director submits to the relevant congressional committees a 
        description of the criteria the Director shall use to determine 
        if it is not appropriate to make a captured document publicly 
        available and the captured document meets such criteria.
    (c) Submission of Description of Non-Released Documents.--
            (1) Review before date of enactment.--Not later than 90 
        days after the date of the enactment of this Act, the Director 
        of National Intelligence shall submit to the relevant 
        congressional committees a report containing--
                    (A) a description of each captured document that, 
                before such date, the Director determined should not be 
                made publicly available; and
                    (B) an explanation as to why the Director does not 
                consider it appropriate to make such captured document 
                publicly available.
            (2) Review after date of enactment.--Not later than 30 days 
        after the Director of National Intelligence determines that a 
        captured document should not be made publicly available 
        pursuant to subsection (b)(2), the Director shall submit to the 
        relevant congressional committees a report containing a 
        description of such captured document and an explanation as to 
        why the Director does not consider it appropriate to make such 
        document publicly available.
            (3) Request for document.--The Director of National 
        Intelligence shall make a copy of each captured document 
        available to the relevant congressional committees for review 
        upon request of the Chairman of any of such relevant 
        congressional committees. The Director shall make such copy 
        available in either classified or unclassified form.
    (d) Publication or Review Date.--
            (1) In general.--The Director of National Intelligence 
        shall begin making captured documents publicly available 
        pursuant to subsection (a) not later than 30 days after the 
        date of the enactment of this Act.
            (2) Documents collected prior to date of enactment.--
                    (A) In general.--Not later than the date described 
                in subparagraph (B), for each captured document 
                captured or collected before the date of the enactment 
                of this Act, the Director of National Intelligence 
                shall make such captured document publicly available 
                pursuant to subsection (a) or shall submit to the 
                relevant congressional committees a report regarding 
                such captured document pursuant to subsection (c).
                    (B) Dates.--The date described in this subparagraph 
                is--
                            (i) September 30, 2006, for captured 
                        documents captured or collected during 
                        Operation Enduring Freedom and Operation Iraqi 
                        Freedom; and
                            (ii) March 31, 2007, for captured documents 
                        captured or collected during Operation Desert 
                        Storm.
            (3) Documents collected after date of enactment.--For each 
        captured document that is captured or collected on or after the 
        date of the enactment of this Act, not later than 60 days after 
        the date on which such captured document is captured or 
        collected, the Director of National Intelligence shall make 
        such captured document publicly available pursuant to 
        subsection (a) or shall submit to the relevant congressional 
        committees a report regarding such captured document pursuant 
        to subsection (c).
    (e) Weekly Report.--Not later than 7 days after the date of 
enactment of this Act, and weekly thereafter until each captured 
document captured or collected before the date of the enactment of this 
Act is made publicly available pursuant to subsection (a) or described 
in a report submitted pursuant to subsection (c), the Director of 
National Intelligence shall submit to the relevant congressional 
committees a report describing the progress in making captured 
documents publicly available.
    (f) Definitions.--In this section:
            (1) Captured document.--The term ``captured document'' 
        means a document captured or collected in Afghanistan or Iraq, 
        including a document collected from the Government of Iraq or 
        from a private person and including a document in electronic 
        form, during Operation Desert Storm, Operation Enduring 
        Freedom, and Operation Iraqi Freedom.
            (2) Relevant congressional committees.--The term ``relevant 
        congressional committees'' means the Permanent Select Committee 
        on Intelligence of the House of Representatives and Select 
        Committee on Intelligence of the Senate.
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