Procedures regarding dissemination of nonpublicly available information concerning United States persons

(a) Procedures (1) In general Title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) is amended by adding at the end the following new section: 517. Procedures regarding dissemination of nonpublicly available information concerning United States persons (a) Procedures The head of each element of the intelligence community, in consultation with the Director of National Intelligence, shall develop and maintain procedures for that element to respond to unmasking requests. (b) Requirements The procedures required by subsection (a) shall ensure, at a minimum, the following: (1) Each unmasking request submitted to a disseminating element shall include, in writing— (A) information that identifies the disseminated intelligence report containing the United States person identifying information requested; (B) the date the unmasking request was submitted to the disseminating element; (C) the name, title, and organization of the individual who submitted the unmasking request in an official capacity; (D) the name, title, and organization of each individual who will receive the United States person identifying information sought by the unmasking request; and (E) a fact-based justification describing why such United States person identifying information is required by each individual who will receive the information to carry out the duties of the individual. (2) An unmasking request may only be approved by the head of the disseminating element or by officers or employees of such element to whom the head has specifically delegated such authority. When the disseminating element is not the originating element of the United States person identifying information, the head of the disseminating element shall obtain the concurrence of the head or designee of the originating element before approving the unmasking request. (3) The head of the disseminating element shall retain records on all unmasking requests, including the disposition of such requests, for not less than 10 years. (4) The records described in paragraph (3) shall include, with respect to each approved unmasking request— (A) the name and title of the individual of the disseminating element who approved the request; and (B) the fact-based justification for the request. (5) The procedures shall include an exception that— (A) allows for the immediate disclosure of United States person identifying information in the event of exigent circumstances or when a delay would likely result in the significant loss of intelligence; and (B) requires that promptly after such disclosure, the recipient of the United States person identifying information make a written unmasking request with respect to such information. (6) If an unmasking request is made during a period beginning on the date of a general election for President and ending on the date on which such President is inaugurated— (A) the documentation required by paragraph (1) shall include whether— (i) the requesting entity knows or reasonably believes that any United States person identifying information sought is of an individual who is a member of the transition team as identified by an apparent successful candidate for the office of President or Vice President; or (ii) based on the intelligence report to which the unmasking request pertains, the disseminating element or the originating element knows or reasonably believes that any United States person identifying information sought is of an individual who is a member of the transition team as identified by an apparent successful candidate for the office of President or Vice President; (B) the approval made pursuant to paragraph (2) of an unmasking request that contains United States person identifying information described in subparagraph (A) shall be subject to the concurrence of the general counsel of the disseminating element (or, in the absence of the general counsel, the principal deputy general counsel, or, as applicable, the senior Departmental legal officer supporting the disseminating element) that the dissemination of such United States person identifying information is in accordance with the procedures required by subsection (a); and (C) consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters, the head of the disseminating element shall notify the chairmen and ranking minority members of the congressional intelligence committees, the Speaker and minority leader of the House of Representatives, and the majority leader and minority leader of the Senate of an approval described in subparagraph (B) not later than 14 days after the date of such approval. (7) If an unmasking request concerns a nominee for or the holder of a Federal office, a member of a transition team as identified by an eligible candidate for the office of the President, a Justice of the Supreme Court of the United States, or an individual nominated by the President to be a Justice of the Supreme Court of the United States, and such unmasking request is approved, the head of the disseminating element shall submit the documentation for the request to the congressional intelligence committees not later than 14 days after the date of such approval. (c) Annual reports Not later than March 1 of each year, the head of each element of the intelligence community shall submit to the congressional intelligence committees a report documenting, with respect to the year covered by the report— (1) the total number of unmasking requests received by that element; (2) of such total number, the number of requests approved; (3) of such total number, the number of requests denied; and (4) for each number calculated under paragraphs (1) through (3), the number disaggregated by requesting entity. (d) Certain procedures regarding congressional identity information With respect to the dissemination of congressional identity information, the head of each element of the intelligence community shall carry out this section in accordance with annex A of Intelligence Community Directive 112, or successor annex or directive. (e) Effect on minimization procedures The requirements of this section are in addition to— (1) any minimization procedures established under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.); (2) any procedures governing the collection, retention, or dissemination of information concerning United States persons established under Executive Order 12333 (50 U.S.C. 3001 note; relating to United States intelligence activities) or successor order; and (3) any other provision of statute or Executive order the Director of National Intelligence considers relevant. (f) Definitions In this section: (1) Apparent successful candidate The term apparent successful candidate means any apparent successful candidate for the office of President or Vice President as determined pursuant to the Presidential Transition Act of 1963 (3 U.S.C. 102 note). (2) Candidate; Federal office The terms candidate and Federal office have the meanings given those terms in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101). (3) Congressional identity information The term congressional identity information means information that identifies, by name or by individually identifying titles or characteristics— (A) any current Member of the Senate or the House of Representatives; (B) any current staff officer for any Senator or Representative, whether paid or unpaid; or (C) any current staff officer of any committee of the Senate or the House of Representatives, whether paid or unpaid. (4) Disseminating element The term disseminating element means an element of the intelligence community that disseminated an intelligence report subject to an unmasking request. (5) Eligible candidate The term eligible candidate has the meaning given that term in section 3(h)(4) of the Presidential Transition Act of 1963 (3 U.S.C. 102 note). (6) Originating element The term originating element means an element of the intelligence community that originated information in a disseminated intelligence report subject to an unmasking request. (7) Requesting entity The term requesting entity means an entity of— (A) the United State Government; or (B) a State, local, Tribal, or territorial government. (8) United States person The term United States person means a United States person as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801) or section 3.5 of Executive Order 12333 (50 U.S.C. 3001 note; relating to United States intelligence activities). (9) United States person identifying information (A) In general The term United States person identifying information (commonly referred to as United States Person Information)— (i) means information that is reasonably likely to identify one or more specific United States persons; and (ii) includes a single item of information and information that, when combined with other information, is reasonably likely to identify one or more specific United States persons. (B) Determination The determination of whether information is reasonably likely to identify one or more specific United States persons may require assessment by a trained intelligence professional on a case-by-case basis. (10) Unmasking request The term unmasking request means a request to gain access to nonpublic United States person identifying information concerning a known unconsenting United States person that was omitted from a disseminated intelligence report by the originating element.. (2) Clerical amendment The table of contents preceding section 2 of such Act is amended by inserting after the item relating to section 516 the following new item: Sec. 517. Procedures regarding dissemination of nonpublicly available information concerning United States persons.. (b) Development of procedures The head of each element of the intelligence community shall develop the procedures required by section 517(a) of the National Security Act of 1947, as added by subsection (a)(1), by not later than 60 days after the date of the enactment of this Act. (c) Congressional oversight Not later than 90 days after the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees the procedures for each element of the intelligence community required by section 517(a) of the National Security Act of 1947, as added by subsection (a)(1).