I 

111TH CONGRESS 

2D SESSION H. R. 4780 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Terrorist Notification 

3 Act of 2010’’. 

4 SEC. 2. PROVISION OF CERTAIN INTELLIGENCE RELATED 

5 TO MEMBERS OF THE ARMED FORCES AND 

6 CIVILIAN EMPLOYEES AND CONTRACTORS OF 

7 THE DEPARTMENT OF DEFENSE TO THE DE8 PARTMENT OF DEFENSE. 

9 (a) IN GENERAL.—Title I of the National Security 

10 Act of 1947 (50 U.S.C. 402 et seq.) is amended by adding 

11 at the end the following new section: 

12 ‘‘PROVISION OF CERTAIN INTELLIGENCE RELATED TO

13 MEMBERS OF THE ARMED FORCES AND CIVILIAN

14 EMPLOYEES AND CONTRACTORS OF THE DEPART15 MENT OF DEFENSE TO THE DEPARTMENT OF DE16 FENSE

17 ‘‘SEC. 120. (a) IN GENERAL.—Subject to subsection 

18 (b), the head of an element of the intelligence community 

19 shall provide to the Secretary of Defense any intelligence 

20 information obtained by such element that indicates that 

21 a member of the Armed Forces, a civilian employee of the 

22 Department of Defense, or a Department of Defense con23 tractor employee has communicated with a person that 

24 seeks to harm the United States or United States inter25 ests. 


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1 ‘‘(b) EXCEPTION.—The head of an element of the in2 telligence community may withhold information required 

3 to be provided under subsection (a) if such head deter4 mines that providing such information in accordance with 

5 such subsection would negatively affect an ongoing inves6 tigation.’’. 

7 (b) CLERICAL AMENDMENT.—The table of contents 

8 in the first section of such Act is amended by inserting 

9 after the item relating to section 119 the following new 

10 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.’’. 

11 SEC. 3. DEPARTMENT OF DEFENSE RESPONSE TO INTEL12 LIGENCE INQUIRIES REGARDING MEMBERS 

13 OF THE ARMED FORCES, CIVILIAN EMPLOY14 EES, AND CONTRACTOR PERSONNEL. 

15 (a) PROMPT RESPONSE TO INQUIRIES.—Chapter 80 

16 of title 10, United States Code, is amended by inserting 

17 after section 1564a the following new section: 

18 ‘‘§ 1564b. Response to intelligence inquiries regarding 

19 members, civilian employees, and con20 tractor personnel 

21 ‘‘(a) PROMPT RESPONSE REQUIRED.—The Secretary 

22 of Defense shall prescribe a process for expediting an offi23 cial response to any information submitted by an element 

24 of the intelligence community indicating that a member 


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1 of the armed forces, a civilian employee of the Department 

2 of Defense, or a Department of Defense contractor em3 ployee has communicated with a person that seeks to harm 

4 the United States or United States interests. 

5 ‘‘(b) RESPONSE GOAL.—To the maximum extent 

6 practicable, the process prescribed under subsection (a) 

7 shall seek to achieve a response time of not more than 

8 24 hours after receiving information from an element of 

9 the intelligence community described in such subsection. 

10 At a minimum, the Secretary of Defense shall notify the 

11 element of the intelligence community whether the contact 

12 of the member of the armed forces, civilian employee of 

13 the Department of Defense, or Department of Defense 

14 contractor employee with a person that seeks to harm the 

15 United States or United States interests is directly related 

16 to the duties and assignments of the member or employee 

17 within the Department of Defense. 

18 ‘‘(c) ANNUAL REVIEW.—The Secretary of Defense 

19 shall conduct an annual review of the process prescribed 

20 under subsection (a) and shall revise that process as deter21 mined necessary in relation to ongoing Department of De22 fense missions. 

23 ‘‘(d) CONSULTATION REQUIREMENT.—The Secretary 

24 of Defense shall consult with the Secretaries of the miliVerDate Nov 24 2008 05:24 Mar 05, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4780.IH H4780

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1 tary departments and the heads of Defense Agencies in 

2 carrying out this section. 

3 ‘‘(e) REPORT.—The Secretary of Defense shall annu4 ally submit to Congress a report containing— 

5 ‘‘(1) the number of instances in which an ele6 ment of the intelligence community has provided in7 formation to the Secretary of Defense indicating 

8 that a member of the armed forces, a civilian em9 ployee of the Department of Defense, or a Depart10 ment of Defense contractor employee has commu11 nicated with a person that seeks to harm the United 

12 States or United States interests during the pre13 ceding year; and 

14 ‘‘(2) the results of each investigation conducted 

15 by the Secretary with respect to the instances re16 ferred to in paragraph (1). 

17 ‘‘(f) INTELLIGENCE COMMUNITY DEFINED.—In this 

18 section, the term ‘intelligence community’ has the meaning 

19 given such term in section 3(4) of the National Security 

20 Act of 1947 (50 U.S.C. 401a(4)).’’. 

21 (b) INITIAL REPORT.—The first report required 

22 under section 1564b(e) of title 10, United States Code, 

23 as added by subsection (a) of this section, shall be sub24 mitted not later than one year after the date of the enact25 ment of this Act. 


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1 (c) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such chapter is amended by inserting 

3 after the item relating to section 1564a the following new 

4 item: 

‘‘1564b. Response to intelligence inquiries regarding members, civilian employees, and contractor personnel.’’. 

Æ 


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