S.Amdt. 857Senate110th Congress (2007-2009)

S.Amdt. 857

What it does: Rewrites section 108
Submitted April 16, 2007

What it changes

1 change to S. 372 · shown in the bill's text

Rewrites a provision
  1. Rewrites section 108

    Replaces

    In S. 372 · Reported to Senate

    SEC. 108. RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS FROM CONGRESS FOR INTELLIGENCE DOCUMENTS AND INFORMATION.

    (a) In General.--Title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.) is amended by adding at the end the following new section:

    "[struck: response of intelligence community to requests from congress for intelligence documents and information][inserted: RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS FROM CONGRESS FOR INTELLIGENCE DOCUMENTS AND INFORMATION]

    "Sec. 508. (a) Requests of Committees.--[inserted: (1) ]The Director of National Intelligence, the Director of the National Counterterrorism Center, the Director of a national intelligence center, or the head of any other department, agency, or element of the Federal Government, or other organization within the Executive branch, that is an element of the intelligence community shall, not later than [struck: 15][inserted: 30] days after receiving a request [inserted: pursuant to this section ]for any intelligence assessment, report, estimate, legal [struck: opinion][inserted: justification], or other intelligence information from the Select Committee on Intelligence of the Senate[struck: , ][inserted: or ]the Permanent Select Committee on Intelligence of the House of Representatives, [struck: or any other committee of Congress with jurisdiction over the subject matter to which information in such assessment, report, estimate, legal opinion, or other information relates, ]make available to such committee such assessment, report, estimate, legal [struck: opinion][inserted: justification], or other information, as the case may be.

    Inserted: "(2) A committee making a request under paragraph (1) may specify a greater number of days for submittal to such committee of information in response to such request than is otherwise provided under that paragraph.

    "(b) Requests of Certain Members.--(1) The Director of National Intelligence, the Director of the National Counterterrorism Center, the Director of a national intelligence center, or the head of any other department, agency, or element of the Federal Government, or other organization within the Executive branch, that is an element of the intelligence community shall respond, in the time specified in subsection (a), to a request described in that subsection from the Chairman or Vice Chairman of the Select Committee on Intelligence of the Senate or the Chairman or Ranking Member of the Permanent Select Committee on Intelligence of the House of Representatives.

    "(2) Upon making a request covered by paragraph (1)--

    "(A) the Chairman or Vice Chairman, as the case may be, of the Select Committee on Intelligence of the Senate shall notify the other of the Chairman or Vice Chairman of such request; and

    "(B) the Chairman or Ranking Member, as the case may be, of the Permanent Select Committee on Intelligence of the House of Representatives shall notify the other of the Chairman or Ranking Member of such request.

    "(c) [struck: Assertion of Privilege][inserted: Response to Request].--In [inserted: the event that a ]response to a request covered by subsection (a) or (b)[inserted: is not provided within the specified time period], the Director of National Intelligence, the Director of the National Counterterrorism Center, the Director of a national intelligence center, or the head of any other department, agency, or element of the Federal Government[struck: ,] or other organization within the Executive branch[struck: ,] that is an element of the intelligence community shall [struck: provide ][inserted: submit a written explanation as to why ]the document or information covered by such request [struck: unless the President certifies that such document or information is not being provided because the President is asserting a privilege pursuant to the Constitution of the United States][inserted: could not be provided in the specified time period and shall provide a reasonable date certain for when such document or information will be provided].".

    (b) Clerical Amendment.--The table of contents in the first section of that Act is amended by inserting after the item relating to section 507 the following new item:

    "Sec. 508. Response of intelligence community to requests from Congress for intelligence documents and information.".

    Original wording

    Strike section 108 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 857. Mr. BOND submitted an amendment intended to be proposed by him to the bill S. 372, to authorize appropriations for fiscal year 2007 for the intelligence and intelligence-related activities of the United States Government, the Intelligence Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 108 and insert the following:

SEC. 108. RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS FROM CONGRESS FOR INTELLIGENCE DOCUMENTS AND INFORMATION.

(a) In General.--Title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.) is amended by adding at the end the following new section:

“RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS FROM CONGRESS FOR INTELLIGENCE DOCUMENTS AND INFORMATION

“Sec. 508. (a) Requests of Committees.--(1) The Director of National Intelligence, the Director of the National Counterterrorism Center, the Director of a national intelligence center, or the head of any other department, agency, or element of the Federal Government, or other organization within the Executive branch, that is an element of the intelligence community shall, not later than 30 days after receiving a request pursuant to this section for any intelligence assessment, report, estimate, legal justification, or other intelligence information from the Select Committee on Intelligence of the Senate or the Permanent Select Committee on Intelligence of the House of Representatives, make available to such committee such assessment, report, estimate, legal justification, or other information, as the case may be.

“(2) A committee making a request under paragraph (1) may specify a greater number of days for submittal to such committee of information in response to such request than is otherwise provided under that paragraph.

“(b) Requests of Certain Members.--(1) The Director of National Intelligence, the Director of the National Counterterrorism Center, the Director of a national intelligence center, or the head of any other department, agency, or element of the Federal Government, or other organization within the Executive branch, that is an element of the intelligence community shall respond, in the time specified in subsection (a), to a request described in that subsection from the Chairman or Vice Chairman of the Select Committee on Intelligence of the Senate or the Chairman or Ranking Member of the Permanent Select Committee on Intelligence of the House of Representatives.

“(2) Upon making a request covered by paragraph (1)--

“(A) the Chairman or Vice Chairman, as the case may be, of the Select Committee on Intelligence of the Senate shall notify the other of the Chairman or Vice Chairman of such request; and

“(B) the Chairman or Ranking Member, as the case may be, of the Permanent Select Committee on Intelligence of the House of Representatives shall notify the other of the Chairman or Ranking Member of such request.

“(c) Response to Request.--In the event that a response to a request covered by subsection (a) or (b) is not provided within the specified time period, the Director of National Intelligence, the Director of the National Counterterrorism Center, the Director of a national intelligence center, or the head of any other department, agency, or element of the Federal Government or other organization within the Executive branch that is an element of the intelligence community shall submit a written explanation as to why the document or information covered by such request could not be provided in the specified time period and shall provide a reasonable date certain for when such document or information will be provided.”.

(b) Clerical Amendment.--The table of contents in the first section of that Act is amended by inserting after the item relating to section 507 the following new item:

“Sec. 508. Response of intelligence community to requests from Congress for intelligence documents and information.”.

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Senate amendment submitted

April 16, 2007