50 U.S.C. § 3347 — Secrecy agreements used in intelligence

Page 823 TITLE 50—WAR AND NATIONAL DEFENSE § 3348 fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. § 3346. Compilation and organization of pre- viously declassified records (a), (b) Omitted (c) Compilation and organization of records The Department of Defense may not be re- quired, when conducting a special search, to compile or organize records that have already been declassified and placed into the public do- main. (d) Special searches For the purpose of this section, the term ‘‘spe- cial search’’ means the response of the Depart- ment of Defense to any of the following: (1) A statutory requirement to conduct a de- classification review on a specified set of agen- cy records. (2) An Executive order to conduct a declas- sification review on a specified set of agency records. (3) An order from the President or an official with delegated authority from the President to conduct a declassification review on a spec- ified set of agency records. (Pub. L. 106–398, § 1 [[div. A], title X, § 1075], Oct. 30, 2000, 114 Stat. 1654, 1654A–280.) Editorial Notes REFERENCES IN TEXT This section, referred to in subsec. (d), is section 1075 of H.R. 5408 of the 106th Congress, as introduced on Oct. 6, 2000, and as enacted into law by section 1 of Pub. L. 106–398, Oct. 30, 2000, 114 Stat. 1654. See Codification note below. CODIFICATION Section was formerly classified as a note under sec- tion 435 of this title prior to editorial reclassification as this section. Section is comprised of section 1075 of H.R. 5408 of the 106th Congress, as introduced on Oct. 6, 2000, and as en- acted into law by section 1 of Pub. L. 106–398, Oct. 30, 2000, 114 Stat. 1654. Subsec. (a) of section 1075 amended former section 230 of Title 10, Armed Forces and subsec. (b) of section 1075 was not classified to the Code. § 3347. Secrecy agreements used in intelligence activities Notwithstanding any other provision of law not specifically referencing this section, a non- disclosure policy form or agreement that is to be executed by a person connected with the con- duct of an intelligence or intelligence-related activity, other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum— (1) require that the person will not disclose any classified information received in the course of such activity unless specifically au- thorized to do so by the United States Govern- ment; and (2) provide that the form or agreement does not bar— (A) disclosures to Congress; or (B) disclosures to an authorized official of an executive agency that are deemed essen- tial to reporting a violation of United States law. (Pub. L. 104–93, title III, § 306, Jan. 6, 1996, 109 Stat. 966.) Editorial Notes CODIFICATION Section was formerly classified as a note under sec- tion 435 of this title prior to editorial reclassification as this section. § 3348. Reports relating to certain special access programs and similar programs (a) In general (1) Not later than February 1 of each year, the head of each covered department or agency shall submit to the congressional oversight commit- tees a report on each special access program car- ried out in the department or agency. (2) Each such report shall set forth— (A) the total amount requested by the de- partment or agency for special access pro- grams within the budget submitted under sec- tion 1105 of title 31 for the fiscal year fol- lowing the fiscal year in which the report is submitted; and (B) for each program in such budget that is a special access program— (i) a brief description of the program; (ii) in the case of a procurement program, a brief discussion of the major milestones es- tablished for the program; (iii) the actual cost of the program for each fiscal year during which the program has been conducted before the fiscal year during which that budget is submitted; and (iv) the estimated total cost of the pro- gram and the estimated cost of the program for (I) the current fiscal year, (II) the fiscal year for which the budget is submitted, and (III) each of the four succeeding fiscal years during which the program is expected to be conducted. (b) Newly designated programs (1) Not later than February 1 of each year, the head of each covered department or agency shall submit to the congressional oversight commit- tees a report that, with respect to each new spe- cial access program of that department or agen- cy, provides— (A) notice of the designation of the program as a special access program; and (B) justification for such designation. (2) A report under paragraph (1) with respect to a program shall include— (A) the current estimate of the total pro- gram cost for the program; and (B) an identification, as applicable, of exist- ing programs or technologies that are similar to the technology, or that have a mission similar to the technology, or that have a mis- sion similar to the mission, of the program that is the subject of the notice. (3) In this subsection, the term ‘‘new special access program’’ means a special access program that has not previously been covered in a notice and justification under this subsection. (c) Revision in classification of programs (1) Whenever a change in the classification of a special access program of a covered depart-