50 U.S.C. § 3307 — Communications with the Committees on

Page 782 TITLE 50—WAR AND NATIONAL DEFENSE § 3307 a fiscal year by submitting to the Select Com- mittee on Intelligence of the Senate and Per- manent Select Committee on Intelligence of the House of Representatives— (A) a statement, in unclassified form, that the disclosure required in subsection (a) or (b) for that fiscal year would damage na- tional security; and (B) a statement detailing the reasons for the waiver or postponement, which may be submitted in classified form. (2) Submission dates The President shall submit the statements required under paragraph (1)— (A) in the case of a waiver or postpone- ment of a disclosure required under sub- section (a), at the time of the submission of the budget for the fiscal year for which such disclosure is waived or postponed; and (B) in the case of a waiver or postpone- ment of a disclosure required under sub- section (b), not later than 30 days after the date of the end of the fiscal year for which such disclosure is waived or postponed. (d) Definition As used in this section, the term ‘‘National In- telligence Program’’ has the meaning given the term in section 3003(6) of this title. (Pub. L. 110–53, title VI, § 601, Aug. 3, 2007, 121 Stat. 335; Pub. L. 111–259, title III, § 364, Oct. 7, 2010, 124 Stat. 2702.) Editorial Notes CODIFICATION Section was formerly classified to section 415c of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2010—Pub. L. 111–259 amended section generally. Prior to amendment, section related to availability to public of certain intelligence funding information. Statutory Notes and Related Subsidiaries INCREASED TRANSPARENCY REGARDING COUNTERTERRORISM BUDGET OF THE UNITED STATES Pub. L. 116–92, div. E, title LVII, § 5702, Dec. 20, 2019, 133 Stat. 2160, provided that: ‘‘(a) FINDINGS.—Congress finds the following: ‘‘(1) Consistent with section 601(a) of the Imple- menting Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C. 3306(a)), the recent practice of the intelligence community has been to release to the public— ‘‘(A) around the date on which the President sub- mits to Congress a budget for a fiscal year pursuant to section 1105 of title 31, United States Code, the ‘top-line’ amount of total funding requested for the National Intelligence Program for such fiscal year; and ‘‘(B) the amount of requested and appropriated funds for the National Intelligence Program and Military Intelligence Program for certain prior fis- cal years, consistent with the protection of intel- ligence sources and methods. ‘‘(2) The Directorate of Strategic Operational Plan- ning of the National Counterterrorism Center is re- sponsible for producing an annual National Counterterrorism Budget report, which examines the alignment of intelligence and other resources in the applicable fiscal year budget with the counterterrorism goals and areas of focus in the Na- tional Strategy for Counterterrorism. ‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress that— ‘‘(1) despite the difficulty of compiling and releas- ing to the public comprehensive information on the resource commitments of the United States to counterterrorism activities and programs, including with respect to such activities and programs of the intelligence community, the United States Govern- ment could take additional steps to enhance the un- derstanding of the public with respect to such re- source commitments, in a manner consistent with the protection of intelligence sources and methods and other national security interests; and ‘‘(2) the United States Government should release to the public as much information as possible regard- ing the funding of counterterrorism activities and programs, including activities and programs of the intelligence community, in a manner consistent with the protection of intelligence sources and methods and other national security interests. ‘‘(c) BRIEFING ON PUBLIC RELEASE OF INFORMATION.— ‘‘(1) REQUIREMENT.—Not later than 90 days after the date of the enactment of this Act [Dec. 20, 2019], and not later than 90 days after the beginning of each fis- cal year thereafter, the President shall ensure that the congressional intelligence committees receive a briefing from appropriate personnel of the United States Government on the feasibility of releasing to the public additional information relating to counterterrorism efforts of the intelligence commu- nity. ‘‘(2) ELEMENTS.—Each briefing required by para- graph (1) shall include a discussion of the feasibility of— ‘‘(A) subject to paragraph (3), releasing to the public the National Counterterrorism Budget re- port described in subsection (a)(2) for the prior fis- cal year; and ‘‘(B) declassifying other reports, documents, or activities of the intelligence community relating to counterterrorism and releasing such information to the public in a manner consistent with the protec- tion of intelligence sources and methods and other national security interests. ‘‘(3) RELEASE OF NATIONAL COUNTERTERRORISM BUDG- ET REPORT.—The President may satisfy the require- ment under paragraph (2)(A) during a fiscal year by, not later than 90 days after the beginning of the fis- cal year, releasing to the public the National Counterterrorism Budget report (with any redactions the Director determines necessary to protect intel- ligence sources and methods and other national secu- rity interests) for the prior fiscal year.’’ [For definitions of ‘‘intelligence community’’ and ‘‘congressional intelligence committees’’ as used in sec- tion 5702 of Pub. L. 116–92, set out above, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.] § 3307. Communications with the Committees on Armed Services of the Senate and the House of Representatives (a) Requests of committees The Director of the National Counterterrorism Center, the Director of a national intelligence center, or the head of any element of the intel- ligence community shall, not later than 45 days after receiving a written request from the Chair or ranking minority member of the Committee on Armed Services of the Senate or the Com- mittee on Armed Services of the House of Rep- resentatives for any existing intelligence assess- ment, report, estimate, or legal opinion relating to matters within the jurisdiction of such Com- mittee, make available to such committee such Page 783 TITLE 50—WAR AND NATIONAL DEFENSE § 3308 assessment, report, estimate, or legal opinion, as the case may be. (b) Assertion of privilege (1) In general In response to a request covered by sub- section (a), the Director of the National Counterterrorism Center, the Director of a na- tional intelligence center, or the head of any element of the intelligence community shall provide to the Committee making such re- quest the document or information covered by such request unless the President determines 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 White House Counsel shall submit to Congress in writing any assertion by the President under paragraph (1) of a privilege pursuant to the Constitution. (c) Definitions In this section: (1) Intelligence community The term ‘‘intelligence community’’ has the meaning given the term in section 3003(4) of this title. (2) Intelligence assessment The term ‘‘intelligence assessment’’ means an intelligence-related analytical study of a subject of policy significance and does not in- clude building-block papers, research projects, and reference aids. (3) Intelligence estimate The term ‘‘intelligence estimate’’ means an appraisal of available intelligence relating to a specific situation or condition with a view to determining the courses of action open to an enemy or potential enemy and the probable order of adoption of such courses of action. (Pub. L. 110–181, div. A, title X, § 1079, Jan. 28, 2008, 122 Stat. 334.) Editorial Notes CODIFICATION Section was formerly classified to section 413c of this title prior to editorial reclassification and renumbering as this section. § 3308. Information access by the Comptroller General of the United States (a) DNI directive governing access (1) Requirement for directive The Director of National Intelligence, in consultation with the Comptroller General of the United States, shall issue a written direc- tive governing the access of the Comptroller General to information in the possession of an element of the intelligence community. (2) Amendment to directive The Director of National Intelligence, in consultation with the Comptroller General, may issue an amendment to the directive issued under paragraph (1) at any time the Di- rector determines such an amendment is ap- propriate. (3) Relationship to other laws The directive issued under paragraph (1) and any amendment to such directive issued under paragraph (2) shall be consistent with the pro- visions of— (A) chapter 7 of title 31; and (B) the National Security Act of 1947 (50 U.S.C. 401 et seq.). (b) Confidentiality of information (1) Requirement for confidentiality The Comptroller General of the United States shall ensure that the level of confiden- tiality of information made available to the Comptroller General pursuant to the directive issued under subsection (a)(1) or an amend- ment to such directive issued under subsection (a)(2) is not less than the level of confiden- tiality of such information required of the head of the element of the intelligence com- munity from which such information was ob- tained. (2) Penalties for unauthorized disclosure An officer or employee of the Government Accountability Office shall be subject to the same statutory penalties for unauthorized dis- closure or use of such information as an offi- cer or employee of the element of the intel- ligence community from which such informa- tion was obtained. (c) Submission to Congress (1) Submission of directive The directive issued under subsection (a)(1) shall be submitted to Congress by the Director of National Intelligence, together with any comments of the Comptroller General of the United States, no later than May 1, 2011. (2) Submission of amendment Any amendment to such directive issued under subsection (a)(2) shall be submitted to Congress by the Director, together with any comments of the Comptroller General. (d) Effective date The directive issued under subsection (a)(1) and any amendment to such directive issued under subsection (a)(2) shall take effect 60 days after the date such directive or amendment is submitted to Congress under subsection (c), un- less the Director determines that for reasons of national security the directive or amendment should take effect sooner. (Pub. L. 111–259, title III, § 348, Oct. 7, 2010, 124 Stat. 2700.) Editorial Notes REFERENCES IN TEXT The National Security Act of 1947, referred to in sub- sec. (a)(3)(B), is act July 26, 1947, ch. 343, 61 Stat. 495, which is classified principally to chapter 44 (§ 3001 et seq.) of this title. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 403–9 of this title prior to editorial reclassification and renum- bering as this section.