I 111th CONGRESS 2d Session H. R. 4780 IN THE HOUSE OF REPRESENTATIVES March 4, 2010 Mr. Rooney (for himself, Mr. McKeon, Mr. Shuster, Mr. Wilson of South Carolina, Mr. Wittman, Mr. Chaffetz, Mr. Posey, Mr. Gingrey of Georgia, Mr. Burton of Indiana, Mr. Marchant, Mr. Manzullo, Mr. Latta, Mrs. Blackburn, Mr. Akin, Mr. Pitts, Mr. Brady of Texas, and Mr. Gohmert) introduced the following bill; which was referred to the Select Committee on Intelligence (Permanent Select), and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the head of an element of the intelligence community to provide to the Secretary of Defense any intelligence information obtained by such element that indicates the involvement of personnel of the Department of Defense with a terrorist organization, and for other purposes.
1.
Short title
This Act may be cited as the Terrorist Notification Act of 2010.
2.
Provision of certain intelligence related to members of the Armed Forces and civilian employees and contractors of the Department of Defense to the Department of Defense
(a)
In general
Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by adding at the end the following new section:
120.
Provision of certain intelligence related to members of the Armed Forces and civilian employees and contractors of the Department of Defense to the Department of Defense
(a)
In general
Subject to subsection (b), the head of an element of the intelligence community shall provide to the Secretary of Defense any intelligence information obtained by such element that indicates that a member of the Armed Forces, a civilian employee of the Department of Defense, or a Department of Defense contractor employee has communicated with a person that seeks to harm the United States or United States interests. (b)
Exception
The head of an element of the intelligence community may withhold information required to be provided under subsection (a) if such head determines that providing such information in accordance with such subsection would negatively affect an ongoing investigation.
. (b)
Clerical amendment
The table of contents in the first section of such Act is amended by inserting after the item relating to section 119 the following new item: Sec. 120. Provision of certain intelligence related to members of the Armed Forces and civilian employees and contractors of the Department of Defense to the Department of Defense. .
3.
Department of Defense response to intelligence inquiries regarding members of the Armed Forces, civilian employees, and contractor personnel
(a)
Prompt response to inquiries
Chapter 80 of title 10, United States Code, is amended by inserting after section 1564a the following new section:
1564b.
Response to intelligence inquiries regarding members, civilian employees, and contractor personnel
(a)
Prompt response required
The Secretary of Defense shall prescribe a process for expediting an official response to any information submitted by an element of the intelligence community indicating that a member of the armed forces, a civilian employee of the Department of Defense, or a Department of Defense contractor employee has communicated with a person that seeks to harm the United States or United States interests. (b)
Response goal
To the maximum extent practicable, the process prescribed under subsection (a) shall seek to achieve a response time of not more than 24 hours after receiving information from an element of the intelligence community described in such subsection. At a minimum, the Secretary of Defense shall notify the element of the intelligence community whether the contact of the member of the armed forces, civilian employee of the Department of Defense, or Department of Defense contractor employee with a person that seeks to harm the United States or United States interests is directly related to the duties and assignments of the member or employee within the Department of Defense. (c)
Annual Review
The Secretary of Defense shall conduct an annual review of the process prescribed under subsection (a) and shall revise that process as determined necessary in relation to ongoing Department of Defense missions. (d)
Consultation Requirement
The Secretary of Defense shall consult with the Secretaries of the military departments and the heads of Defense Agencies in carrying out this section. (e)
Report
The Secretary of Defense shall annually submit to Congress a report containing— (1)the number of instances in which an element of the intelligence community has provided information to the Secretary of Defense indicating that a member of the armed forces, a civilian employee of the Department of Defense, or a Department of Defense contractor employee has communicated with a person that seeks to harm the United States or United States interests during the preceding year; and (2)the results of each investigation conducted by the Secretary with respect to the instances referred to in paragraph (1). (f)
Intelligence community defined
In this section, the term intelligence community has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
. (b)
Initial report
The first report required under section 1564b(e) of title 10, United States Code, as added by subsection (a) of this section, shall be submitted not later than one year after the date of the enactment of this Act. (c)
Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1564a the following new item: 1564b. Response to intelligence inquiries regarding members, civilian employees, and contractor personnel. .