S.Amdt. 858Senate110th Congress (2007-2009)2nd degree

To improve the notification of Congress regarding intelligence activities of the United States Government.

What it does: Rewrites section 304
Submitted April 16, 2007

What it changes

1 change to S.Amdt. 843

Rewrites a provision
  1. Rewrites section 304

    Replaces

    Removes section 304.

    Inserted: SEC. 304. IMPROVEMENT OF NOTIFICATION OF CONGRESS REGARDING INTELLIGENCE ACTIVITIES OF THE UNITED STATES GOVERNMENT.

    Inserted: (a) Clarification of Definition of Congressional Intelligence Committees to Include All Members of Committees.--Section 3(7) of the National Security Act of 1947 (50 U.S.C. 401a(7)) is amended--

    Inserted: (1) in subparagraph (A), by inserting ", and includes each member of the Select Committee" before the semicolon; and

    Inserted: (2) in subparagraph (B), by inserting ", and includes each member of the Permanent Select Committee" before the period.

    Inserted: (b) Notice on Information Not Disclosed.--

    Inserted: (1) In general.--Section 502 of such Act (50 U.S.C. 413a) is amended--

    Inserted: (A) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and

    Inserted: (B) by inserting after subsection (a) the following new subsection (b):

    Inserted: "(b) Notice on Information Not Disclosed.--(1) If the Director of National Intelligence or the head of a department, agency, or other entity of the United States Government does not provide information required by subsection (a) in full or to all the members of the congressional intelligence committees, and requests that such information not be so provided, the Director shall, in a timely fashion, notify such committees of the determination not to provide such information in full or to all members of such committees. Such notice shall be submitted in writing in a classified form, include a statement of the reasons for such determination and a description that provides the main features of the intelligence activities covered by such determination, and contain no restriction on access to this notice by all members of the committee.

    Inserted: "(2) Nothing in this subsection shall be construed as authorizing less than full and current disclosure to all the members of the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives of any information necessary to keep all the members of such committees fully and currently informed on all intelligence activities covered by this section.".

    Inserted: (2) Conforming amendment.--Subsection (d) of such section, as redesignated by paragraph (1)(A) of this subsection, is amended by striking "subsection (b)" and inserting "subsections (b) and (c)".

    Inserted: (c) Reports and Notice on Covert Actions.--

    Show 10 more inserted paragraphs

    Inserted: (1) Form and content of certain reports.--Subsection (b) of section 503 of such Act (50 U.S.C. 413b) is amended--

    Inserted: (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

    Inserted: (B) by inserting "(1)" after "(b)"; and

    Inserted: (C) by adding at the end the following new paragraph:

    Inserted: "(2) Any report relating to a covert action that is submitted to the congressional intelligence committees for the purposes of paragraph (1) shall be in writing, and shall contain the following:

    Inserted: "(A) A concise statement of any facts pertinent to such report.

    Inserted: "(B) An explanation of the significance of the covert action covered by such report.".

    Inserted: (2) Notice on information not disclosed.--Subsection (c) of such section is amended by adding at the end the following new paragraph:

    Inserted: "(5) If the Director of National Intelligence or the head of a department, agency, or other entity of the United States Government does not provide information required by subsection (b) in full or to all the members of the congressional intelligence committees, and requests that such information not be so provided, the Director shall, in a timely fashion, notify such committees of the determination not to provide such information in full or to all members of such committees. Such notice shall be submitted in writing in a classified form, include a statement of the reasons for such determination and a description that provides the main features of the covert action covered by such determination, and contain no restriction on access to this notice by all members of the committee.".

    Inserted: (3) Modification of nature of change of covert action triggering notice requirements.--Subsection (d) of such section is amended by striking "significant" the first place it appears.

    Original wording

    Strike section 304 and insert the following:

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

As printed

Strike section 304 and insert the following:

SEC. 304. IMPROVEMENT OF NOTIFICATION OF CONGRESS REGARDING INTELLIGENCE ACTIVITIES OF THE UNITED STATES GOVERNMENT.

(a) Clarification of Definition of Congressional Intelligence Committees to Include All Members of Committees.--Section 3(7) of the National Security Act of 1947 (50 U.S.C. 401a(7)) is amended--

(1) in subparagraph (A), by inserting “, and includes each member of the Select Committee” before the semicolon; and

(2) in subparagraph (B), by inserting “, and includes each member of the Permanent Select Committee” before the period.

(b) Notice on Information Not Disclosed.--

(1) In general.--Section 502 of such Act (50 U.S.C. 413a) is amended--

(A) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and

(B) by inserting after subsection (a) the following new subsection (b):

“(b) Notice on Information Not Disclosed.--(1) If the Director of National Intelligence or the head of a department, agency, or other entity of the United States Government does not provide information required by subsection (a) in full or to all the members of the congressional intelligence committees, and requests that such information not be so provided, the Director shall, in a timely fashion, notify such committees of the determination not to provide such information in full or to all members of such committees. Such notice shall be submitted in writing in a classified form, include a statement of the reasons for such determination and a description that provides the main features of the intelligence activities covered by such determination, and contain no restriction on access to this notice by all members of the committee.

“(2) Nothing in this subsection shall be construed as authorizing less than full and current disclosure to all the members of the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives of any information necessary to keep all the members of such committees fully and currently informed on all intelligence activities covered by this section.”.

(2) Conforming amendment.--Subsection (d) of such section, as redesignated by paragraph (1)(A) of this subsection, is amended by striking “subsection (b)” and inserting “subsections (b) and (c)”.

(c) Reports and Notice on Covert Actions.--

(1) Form and content of certain reports.--Subsection (b) of section 503 of such Act (50 U.S.C. 413b) is amended--

(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

(B) by inserting “(1)” after “(b)”; and

(C) by adding at the end the following new paragraph:

“(2) Any report relating to a covert action that is submitted to the congressional intelligence committees for the purposes of paragraph (1) shall be in writing, and shall contain the following:

“(A) A concise statement of any facts pertinent to such report.

“(B) An explanation of the significance of the covert action covered by such report.”.

(2) Notice on information not disclosed.--Subsection (c) of such section is amended by adding at the end the following new paragraph:

“(5) If the Director of National Intelligence or the head of a department, agency, or other entity of the United States Government does not provide information required by subsection (b) in full or to all the members of the congressional intelligence committees, and requests that such information not be so provided, the Director shall, in a timely fashion, notify such committees of the determination not to provide such information in full or to all members of such committees. Such notice shall be submitted in writing in a classified form, include a statement of the reasons for such determination and a description that provides the main features of the covert action covered by such determination, and contain no restriction on access to this notice by all members of the committee.”.

(3) Modification of nature of change of covert action triggering notice requirements.--Subsection (d) of such section is amended by striking “significant” the first place it appears.

Legislative Activity

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4 earlier actions
Floor Latest Action

Senate amendment proposed (on the floor): Amendment SA 858 proposed by Senator Rockefeller for Senator Bond to Amendment SA 843.(consideration: CR S4559-4560, S4560-4562; text: CR S4561)

April 17, 2007

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Floor

Senate amendment proposed (on the floor): Amendment SA 858 proposed by Senator Rockefeller for Senator Bond to Amendment SA 843.(consideration: CR S4559-4560, S4560-4562; text: CR S4561)

April 17, 2007

Floor

Senate amendment agreed to: Amendment SA 858 agreed to in Senate by Unanimous Consent.

April 17, 2007

Floor

Amendment SA 858 proposed by Senator Rockefeller for Senator Bond to Amendment SA 843. (consideration: CR S4559-4560, S4560-4562; text: CR S4561) To improve the notification of Congress regarding intelligence activities of the United States Government.

April 17, 2007

Floor

Amendment SA 858 agreed to in Senate by Unanimous Consent.

April 17, 2007

Floor

Senate amendment submitted

April 16, 2007