12 2 STA T .3 3 4PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 SEC.1078 . QUALIF ICA T I ON SFO RP U B LIC AIRCRAFT STATUS OF AIR - CRAFT UN D ER CONTRACT W IT H THE AR M ED FORCES. (a)DEFIN I T I O NOF PUBL I CA I R CR A FT .—Section401 0 2 (a)(41)( E ) o f tit l e4 9,U nite d State sC ode, is a m ended— (1) by inse r tin g‘ ‘or ot h er commercial air ser v ice ’ ’ after ‘‘trans p ortation’’
and (2) by adding at the end the follo w ing
‘‘ I n the preceding sentence, the term ‘other commercial air service’ means an aircraft operation that (i) is within the United States territorial airspace; (ii) the Administrator of the F ederal Aviation Adminis - tration determines is available for compensation or hire to the p u blic, and (iii) must comply with all applicable civil aircraft rules under title 14, Code of Federal R egulations.’’. (b) AIRCRAFT OP ERATE D B Y T H EAR M ED FORCE S .—Section 4012 5 (c)(1)(C) of such title is amended by inserting ‘‘or other commercial air service’’ after ‘‘transportation’’. (c) CONFORMIN G AMENDMENTS.— (1) Section 40125(b) of such title is amended by stri k ing ‘‘40102(a)( 37 )’’ and inserting ‘‘40102(a)(41)’’. (2) Section 40125(c)(1) of such title is amended by striking ‘‘40102(a)(37)(E)’’ and inserting ‘‘40102(a)(41)(E)’’. SEC. 107 9 . COMMUNICATIONS WITH THE COMMITTEES ON ARMED SER V ICES OF THE SENATE AND THE HOUSE OF REP- RESENTATIVES. (a) RE Q UESTS OF COMMITTEES.— T he Director of the N ational Counterterrorism Center, the Director of a national intelligence center, or the head of any element of the intelligence community shall, not later than 45 days after receiving a written re q uest from the Chair or ranking minority member of the Committee on Armed Services of the Senate or the Committee on Armed Services of the H ouse of Representatives for any e x isting intel- ligence assessment, report, estimate, or legal opinion relating to matters within the j urisdiction of such Committee, make available to such committee such assessment, report, estimate, or legal opinion, as the case may be. (b) ASSERTION OF PRI V ILEGE.— (1) IN GENERAL.—In response to a request covered by sub- section (a), the Director of the National Counterterrorism Center, the Director of a national intelligence center, or the head of any element of the intelligence community shall provide to the Committee making such request the document or information covered by such request unless the President deter- mines that such document or information shall not be provided because the President is asserting a privilege pursuant to the Constitution of the United States. (2) SUBMISSION TO CONGRESS.—The W hite House Counsel shall submit to Congress in writing any assertion by the Presi- dent under paragraph (1) of a privilege pursuant to the Con- stitution. (c) DEFINITIONS.—In this section: (1) INTELLIGENCE COMMUNITY.—The term ‘‘intelligence community’’ has the meaning given the term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). (2) INTELLIGENCE ASSESSMENT.—The term ‘‘intelligence assessment’’ means an intelligence-related analytical study of Presid e nt.D e a d l ine. R e po rts.
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