50 U.S.C. § 3308 — Information access by the Comptroller

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. Page 784 TITLE 50—WAR AND NATIONAL DEFENSE § 3308a Statutory Notes and Related Subsidiaries DEFINITION For definition of ‘‘intelligence community’’, see sec- tion 2 of Pub. L. 111–259, set out as a note under section 3003 of this title. § 3308a. Provision of certain information to Gov- ernment Accountability Office by National Reconnaissance Office (a) In general The Director of the National Reconnaissance Office shall provide to the Comptroller General of the United States, in a timely manner, access to the cost, schedule, and performance informa- tion the Comptroller General requires to con- duct assessments, as required by any of the ap- propriate congressional committees, of pro- grams of the National Reconnaissance Office. (b) Appropriate congressional committees de- fined In this section, the term ‘‘appropriate congres- sional committees’’ means— (1) the congressional defense committees; and (2) the Select Committee on Intelligence of the Senate and the Permanent Select Com- mittee on Intelligence of the House of Rep- resentatives. (Pub. L. 114–328, div. A, title XVI, § 1620, Dec. 23, 2016, 130 Stat. 2596.) Statutory Notes and Related Subsidiaries ‘‘CONGRESSIONAL DEFENSE COMMITTEES’’ DEFINED Congressional defense committees means the Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of Pub. L. 114–328, 130 Stat. 2025. See note under section 101 of Title 10, Armed Forces. § 3309. Notification of establishment of advisory committee The Director of National Intelligence and the Director of the Central Intelligence Agency shall each notify the congressional intelligence committees each time each such Director cre- ates an advisory committee. Each notification shall include— (1) a description of such advisory committee, including the subject matter of such com- mittee; (2) a list of members of such advisory com- mittee; and (3) in the case of an advisory committee cre- ated by the Director of National Intelligence, the reasons for a determination by the Direc- tor under section 1003(b)(3) of title 5 that an advisory committee cannot comply with the requirements of chapter 10 of title 5. (Pub. L. 111–259, title IV, § 410(b), Oct. 7, 2010, 124 Stat. 2725; Pub. L. 113–126, title III, § 329(b)(1), July 7, 2014, 128 Stat. 1406; Pub. L. 117–286, § 4(a)(319), Dec. 27, 2022, 136 Stat. 4341.) Editorial Notes CODIFICATION Section was formerly classified as a note under sec- tion 405 of this title prior to editorial reclassification as this section. AMENDMENTS 2022—Par. (3). Pub. L. 117–286 substituted ‘‘section 1003(b)(3) of title 5 that an advisory committee cannot comply with the requirements of chapter 10 of title 5.’’ for ‘‘section 4(b)(3) of the Federal Advisory Committee Act (5 U.S.C. App.) that an advisory committee cannot comply with the requirements of such Act.’’ 2014—Pub. L. 113–126 amended section generally. Prior to amendment, section related to annual report on ad- visory committees created by Director of National In- telligence and Director of the Central Intelligence Agency, contents of report, and inclusion of reasons for ODNI exclusion of advisory committee from Federal Advisory Committee Act. Statutory Notes and Related Subsidiaries DEFINITION For definition of ‘‘congressional intelligence commit- tees’’ as used in this section, see section 2 of Pub. L. 111–259, set out as a note under section 3003 of this title. § 3310. Annual report on United States security arrangements and commitments with other nations (a) Report requirements The President shall submit to the congres- sional committees specified in subsection (d) each year a report (in both classified and unclas- sified form) on United States security arrange- ments with, and commitments to, other nations. (b) Matters to be included The President shall include in each such re- port the following: (1) A description of— (A) each security arrangement with, or commitment to, other nations, whether based upon (i) a formal document (including a mutual defense treaty, a pre-positioning arrangement or agreement, or an access agreement), or (ii) an expressed policy; and (B) the historical origins of each such ar- rangement or commitment. (2) An evaluation of the ability of the United States to meet its commitments based on the projected reductions in the defense structure of the United States. (3) A plan for meeting each of those commit- ments with the force structure projected for the future. (4) An assessment of the need to continue, modify, or discontinue each of those arrange- ments and commitments in view of the chang- ing international security situation. (c) Deadline for report The President shall submit the report required by subsection (a) not later than February 1 of each year. (d) Specified congressional committees The congressional committees referred to in subsection (a) are the following: (1) The Committee on Armed Services and the Committee on Foreign Relations of the Senate. (2) The Committee on Armed Services and the Committee on International Relations of the House of Representatives. (Pub. L. 101–510, div. A, title XIV, § 1457, Nov. 5, 1990, 104 Stat. 1696; Pub. L. 104–106, div. A, title