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Intelligence Community Authorities Clarification Act

H.R. 7226 · 117th Congress · Mar 24, 2022 · Lineage

A BILL

To amend the National Security Act of 1947 to clarify the authority of the intelligence community to conduct domestic intelligence activities.

Section 1 Short title

This Act may be cited as the “Intelligence Community Authorities Clarification Act”.

Sec. 2 Prohibition on domestic intelligence activities by the intelligence community

Title I of the National Security Act of 1947 (50 U.S.C. 3021 et seq.) is amended by inserting before section 101 the following new section (and conforming the table of contents accordingly):

“100. Prohibition on domestic intelligence activities by the intelligence community

“(a) Prohibition—Except as provided by subsections (b) and (c), notwithstanding any other provision of law, an element of the intelligence community may not conduct any intelligence or intelligence-related activity unless such activity has a nexus to foreign intelligence or counterintelligence.

“(b) Exception—The prohibition in subsection (a) shall not apply with respect to the administrative and human resources functions of an element of the intelligence community.

“(c) Waiver—The President may waive the prohibition in subsection (a) for a period not exceeding 1 year if, prior to such waiver, the President submits to the congressional intelligence committees—

“(1) a written determination that the waiver is important to the national security interests of the United States; and

“(2) a detailed explanation of how the waiver furthers such interests.”

Sec. 3 Clarification of scope regarding certain terms relating to intelligence

Section 3 of the National Security Act of 1947 (50 U.S.C. 3003) is amended—
(1)
in paragraph (1), by striking “includes” and inserting “means”; and
(2)
in paragraph (5), by inserting “(as defined in paragraph (1))” after “all intelligence”.