II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. RELEASE OF DOCUMENTS CAPTURED IN IRAQ 

4 AND AFGHANISTAN. 

5 (a) IN GENERAL.—The Director of National Intel6 ligence shall make publicly available on an Internet 

7 website all captured documents. 


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1 (b) REVIEW BY DIRECTOR OF NATIONAL INTEL2 LIGENCE.—The Director of National Intelligence may re3 view a captured document before making such document 

4 publicly available under subsection (a). The Director shall 

5 not be required to make a captured document publicly 

6 available under subsection (a) if— 

7 (1) in the case of a captured document that is 

8 reviewed by the Director before the date of the en9 actment of this Act, the Director submits to the rel10 evant congressional committees a description of the 

11 criteria the Director used to determine it is not ap12 propriate to make a captured document publicly 

13 available and such captured document meets such 

14 criteria; or 

15 (2) in the case of a captured document that is 

16 reviewed by the Director on or after the date of the 

17 enactment of this Act, the Director submits to the 

18 relevant congressional committees a description of 

19 the criteria the Director shall use to determine if it 

20 is not appropriate to make a captured document 

21 publicly available and the captured document meets 

22 such criteria. 

23 (c) SUBMISSION OF DESCRIPTION OF NON-RE24 LEASED DOCUMENTS.— 


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1 (1) REVIEW BEFORE DATE OF ENACTMENT.— 

2 Not later than 90 days after the date of the enact3 ment of this Act, the Director of National Intel4 ligence shall submit to the relevant congressional 

5 committees a report containing— 

6 (A) a description of each captured docu7 ment that, before such date, the Director deter8 mined should not be made publicly available; 

9 and 

10 (B) an explanation as to why the Director 

11 does not consider it appropriate to make such 

12 captured document publicly available. 

13 (2) REVIEW AFTER DATE OF ENACTMENT.— 

14 Not later than 30 days after the Director of Na15 tional Intelligence determines that a captured docu16 ment should not be made publicly available pursuant 

17 to subsection (b)(2), the Director shall submit to the 

18 relevant congressional committees a report con19 taining a description of such captured document and 

20 an explanation as to why the Director does not con21 sider it appropriate to make such document publicly 

22 available. 

23 (3) REQUEST FOR DOCUMENT.—The Director 

24 of National Intelligence shall make a copy of each 

25 captured document available to the relevant congresVerDate Aug 31 2005 02:06 Mar 15, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2408.IS S2408

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1 sional committees for review upon request of the 

2 Chairman of any of such relevant congressional com3 mittees. The Director shall make such copy available 

4 in either classified or unclassified form. 

5 (d) PUBLICATION OR REVIEW DATE.— 

6 (1) IN GENERAL.—The Director of National In7 telligence shall begin making captured documents 

8 publicly available pursuant to subsection (a) not 

9 later than 30 days after the date of the enactment 

10 of this Act. 

11 (2) DOCUMENTS COLLECTED PRIOR TO DATE

12 OF ENACTMENT.— 

13 (A) IN GENERAL.—Not later than the date 

14 described in subparagraph (B), for each cap15 tured document captured or collected before the 

16 date of the enactment of this Act, the Director 

17 of National Intelligence shall make such cap18 tured document publicly available pursuant to 

19 subsection (a) or shall submit to the relevant 

20 congressional committees a report regarding 

21 such captured document pursuant to subsection 

22 (c). 

23 (B) DATES.—The date described in this 

24 subparagraph is— 


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1 (i) September 30, 2006, for captured 

2 documents captured or collected during 

3 Operation Enduring Freedom and Oper4 ation Iraqi Freedom; and 

5 (ii) March 31, 2007, for captured doc6 uments captured or collected during Oper7 ation Desert Storm. 

8 (3) DOCUMENTS COLLECTED AFTER DATE OF

9 ENACTMENT.—For each captured document that is 

10 captured or collected on or after the date of the en11 actment of this Act, not later than 60 days after the 

12 date on which such captured document is captured 

13 or collected, the Director of National Intelligence 

14 shall make such captured document publicly avail15 able pursuant to subsection (a) or shall submit to 

16 the relevant congressional committees a report re17 garding such captured document pursuant to sub18 section (c). 

19 (e) WEEKLY REPORT.—Not later than 7 days after 

20 the date of enactment of this Act, and weekly thereafter 

21 until each captured document captured or collected before 

22 the date of the enactment of this Act is made publicly 

23 available pursuant to subsection (a) or described in a re24 port submitted pursuant to subsection (c), the Director 

25 of National Intelligence shall submit to the relevant conVerDate Aug 31 2005 02:06 Mar 15, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2408.IS S2408

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1 gressional committees a report describing the progress in 

2 making captured documents publicly available. 

3 (f) DEFINITIONS.—In this section: 

4 (1) CAPTURED DOCUMENT.—The term ‘‘cap5 tured document’’ means a document captured or col6 lected in Afghanistan or Iraq, including a document 

7 collected from the Government of Iraq or from a pri8 vate person and including a document in electronic 

9 form, during Operation Desert Storm, Operation 

10 Enduring Freedom, and Operation Iraqi Freedom. 

11 (2) RELEVANT CONGRESSIONAL COMMIT12 TEES.—The term ‘‘relevant congressional commit13 tees’’ means the Permanent Select Committee on In14 telligence of the House of Representatives and Select 

15 Committee on Intelligence of the Senate. 

Æ 


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