50 U.S.C. § 3306 — Availability to public of certain intel-

Page 781 TITLE 50—WAR AND NATIONAL DEFENSE § 3306 1 So in original. Probably should be followed by a comma. funds appropriated for intelligence and intel- ligence-related activities that have not been obligated. (c) Application This section shall not apply to any project which is subject to subsection (a)(1)(A) or (c) of section 601. (Pub. L. 103–359, title VI, § 602, Oct. 14, 1994, 108 Stat. 3432; Pub. L. 108–177, title III, § 314, Dec. 13, 2003, 117 Stat. 2610; Pub. L. 111–259, title VIII, § 809, Oct. 7, 2010, 124 Stat. 2749; Pub. L. 115–31, div. N, title III, § 307, May 5, 2017, 131 Stat. 813; Pub. L. 116–260, div. W, title III, § 309, Dec. 27, 2020, 134 Stat. 2369; Pub. L. 117–103, div. X, title III, § 305, Mar. 15, 2022, 136 Stat. 966; Pub. L. 118–159, div. F, title LXIX, § 6902(d), Dec. 23, 2024, 138 Stat. 2517.) Editorial Notes REFERENCES IN TEXT Section 601, referred to in subsec. (c), means section 601 of Pub. L. 103–359, title VI, Oct. 14, 1994, 108 Stat. 3431, which is not classified to the Code. CODIFICATION Section was formerly classified to section 403–2b of this title prior to editorial reclassification and renum- bering as this section. AMENDMENTS 2024—Subsec. (a)(1). Pub. L. 118–159, § 6902(d)(1), sub- stituted ‘‘$9,000,000’’ for ‘‘$6,000,000’’. Subsec. (a)(2). Pub. L. 118–159, § 6902(d)(2), substituted ‘‘$4,000,000’’ for ‘‘$2,000,000’’ in two places and ‘‘$9,000,000’’ for ‘‘$6,000,000’’. 2022—Subsec. (a). Pub. L. 117–103 substituted ‘‘$6,000,000’’ for ‘‘$5,000,000’’ in pars. (1) and (2). 2020—Subsec. (a)(2). Pub. L. 116–260 substituted ‘‘$2,000,000’’ for ‘‘$1,000,000’’ in two places and sub- stituted ‘‘the head of such component, in coordination with and subject to the approval of the Director of Na- tional Intelligence, shall submit a notification’’ for ‘‘the Director of National Intelligence shall submit a notification’’. 2017—Subsec. (a)(2). Pub. L. 115–31 substituted ‘‘project for the improvement, repair, or modification of’’ for ‘‘improvement project to’’. 2010—Subsecs. (a)(2), (b)(1), (2)(A), (B). Pub. L. 111–259, § 809(1), (2)(A), (B), substituted ‘‘Director of National In- telligence’’ for ‘‘Director of Central Intelligence’’. Subsec. (b)(3). Pub. L. 111–259, § 809(2)(C), substituted ‘‘Director of the Central Intelligence Agency’’ for ‘‘Di- rector of Central Intelligence’’. 2003—Subsec. (a). Pub. L. 108–177, § 314(a), substituted ‘‘$5,000,000’’ for ‘‘$750,000’’ in pars. (1) and (2) and ‘‘$1,000,000’’ for ‘‘$500,000’’ in two places in par. (2). Subsec. (b)(2). Pub. L. 108–177, § 314(b), designated ex- isting provisions as subpar. (A), redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, sub- stituted ‘‘7-day period’’ for ‘‘21-day period’’, and added subpar. (B). Statutory Notes and Related Subsidiaries DEFINITIONS Pub. L. 103–359, title VI, § 604, Oct. 14, 1994, 108 Stat. 3433, provided that: ‘‘As used in this title [enacting this section and section 3302 of this title]: ‘‘(1) INTELLIGENCE COMMITTEES.—The term ‘intel- ligence committees’ means the Permanent Select Committee on Intelligence of the House of Represent- atives and the Select Committee on Intelligence of the Senate. ‘‘(2) INTELLIGENCE COMMUNITY.—The term ‘intel- ligence community’ has the same meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4) [now 50 U.S.C. 3003(4)]).’’ § 3305. Exhibits for inclusion with budget jus- tification books Beginning with the fiscal year 2010 budget re- quest, the Director of National Intelligence shall include the budget exhibits identified in paragraphs (1) and (2) as described in the Depart- ment of Defense Financial Management Regula- tion with the congressional budget justification books. (1) For procurement programs requesting more than $20,000,000 in any fiscal year, the P–1, Procurement Program; P–5, Cost Anal- ysis; P–5a, Procurement History and Planning; P–21, Production Schedule; and P–40 1 Budget Item Justification. (2) For research, development, test and eval- uation projects requesting more than $10,000,000 in any fiscal year, the R–1, RDT&E Program; R–2, RDT&E Budget Item Justifica- tion; R–3, RDT&E Project Cost Analysis; and R–4, RDT&E Program Schedule Profile. (Pub. L. 110–329, div. C, title VIII, § 8107, Sept. 30, 2008, 122 Stat. 3644.) Editorial Notes CODIFICATION Section was formerly classified to section 415a–2 of this title prior to editorial reclassification and renum- bering as this section. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS Provisions similar to those in this section were con- tained in the following appropriation acts: Pub. L. 113–6, div. C, title VIII, § 8087, Mar. 26, 2013, 127 Stat. 317. Pub. L. 112–74, div. A, title VIII, § 8090, Dec. 23, 2011, 125 Stat. 827. Pub. L. 112–10, div. A, title VIII, § 8091, Apr. 15, 2011, 125 Stat. 77. Pub. L. 111–118, div. A, title VIII, § 8100, Dec. 19, 2009, 123 Stat. 3450. § 3306. Availability to public of certain intel- ligence funding information (a) Budget request At the time that the President submits to Congress the budget for a fiscal year pursuant to section 1105 of title 31, the President shall dis- close to the public the aggregate amount of ap- propriations requested for that fiscal year for the National Intelligence Program. (b) Amounts appropriated each fiscal year Not later than 30 days after the end of each fiscal year, the Director of National Intelligence shall disclose to the public the aggregate amount of funds appropriated by Congress for the National Intelligence Program for such fis- cal year. (c) Waiver (1) In general The President may waive or postpone the disclosure required by subsection (a) or (b) for 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