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.

Summary: Terrorist Notification Act of 2010 - Amends the National Security Act of 1947 to direct the head of an element of the intelligence community (IC) to provide to the Secretary of Defense any intelligence information obtained by such IC element that indicates that a member of the Armed Forces, a civilian employee of the Department of Defense (DOD), or a DOD contractor employee has communicated with a person that seeks to harm the United States or U.S. interests. Allows an exception when the IC head determines that providing such information would negatively affect an ongoing investigation.

Requires: (1) the Secretary to prescribe a process for expediting an official response to any information submitted, and to seek to achieve such response within 24 hours after receipt of the information; (2) such response to include whether the contact of the member or employee with such a person is directly related to his or her duties; (3) the Secretary to annually review and revise the response process as necessary; and (4) the Secretary to report annually to Congress concerning the instances in which such information was provided and the response to the information.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Terrorist Notification Act of 
2010''.

SEC. 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:

  ``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

    ``Sec. 120.  (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.''.

SEC. 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:
``Sec. 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.''.