50 U.S.C. § 3091

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)
Section 3091 - General congressional oversight provisions
(a) Reports to congressional committees of intelligence activities and anticipated activities
(1) The President shall ensure that the congressional intelligence committees are kept fully and currently informed of the intelligence activities of the United States, including any significant anticipated intelligence activity as required by this subchapter.
(2) Nothing in this subchapter shall be construed as requiring the approval of the congressional intelligence committees as a condition precedent to the initiation of any significant anticipated intelligence activity.
(b) Reports concerning illegal intelligence activities

The President shall ensure that any illegal intelligence activity is reported promptly to the congressional intelligence committees, as well as any corrective action that has been taken or is planned in connection with such illegal activity.

(c) Procedures for reporting information

The President and the congressional intelligence committees shall each establish such written procedures as may be necessary to carry out the provisions of this subchapter.

(d) Procedures to protect from unauthorized disclosure

The House of Representatives and the Senate shall each establish, by rule or resolution of such House, procedures to protect from unauthorized disclosure all classified information, and all information relating to intelligence sources and methods, that is furnished to the congressional intelligence committees or to Members of Congress under this subchapter. Such procedures shall be established in consultation with the Director of National Intelligence. In accordance with such procedures, each of the congressional intelligence committees shall promptly call to the attention of its respective House, or to any appropriate committee or committees of its respective House, any matter relating to intelligence activities requiring the attention of such House or such committee or committees.

(e) Construction of authority conferred

Nothing in this chapter shall be construed as authority to withhold information from the congressional intelligence committees on the grounds that providing the information to the congressional intelligence committees would constitute the unauthorized disclosure of classified information or information relating to intelligence sources and methods.

(f) "Intelligence activities" defined

As used in this section, the term "intelligence activities" includes covert actions as defined in section 3093(e) of this title, and includes financial intelligence activities.

50 U.S.C. § 3091

July 26, 1947, ch. 343, title V, §501, as added Pub. L. 102-88, title VI, §602(a)(2), Aug. 14, 1991, 105 Stat. 441; amended Pub. L. 107-306, title III, §§342(b), Nov. 27, 2002, 353, Nov. 27, 2002, 116 Stat. 2399, 2402; Pub. L. 108-458, title I, §1071(a)(1)(V), Dec. 17, 2004, 118 Stat. 3689; Pub. L. 111-259, title III, §331(a), Oct. 7, 2010, 124 Stat. 2685.

EDITORIAL NOTES

REFERENCES IN TEXTThis chapter, referred to in subsec. (e), was in the original "this Act", meaning act July 26, 1947, ch. 343, 61 Stat. 495, known as the National Security Act of 1947, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables.

CODIFICATIONSection was formerly classified to section 413 of this title prior to editorial reclassification and renumbering as this section.

PRIOR PROVISIONSA prior section 501 of act July 26, 1947, ch. 343, title V, as added Pub. L. 96-450, title IV, §407(b)(1), Oct. 14, 1980, 94 Stat. 1981, related to congressional oversight of intelligence activities, prior to repeal by Pub. L. 102-88, §602(a)(2).

AMENDMENTS2010-Subsec. (c). Pub. L. 111-259 substituted "such written procedures" for "such procedures".2004-Subsec. (d). Pub. L. 108-458 substituted "Director of National Intelligence" for "Director of Central Intelligence".2002-Subsec. (a). Pub. L. 107-306, §353(b)(3)(A), substituted "congressional intelligence committees" for "intelligence committees" wherever appearing. Subsec. (a)(2), (3). Pub. L. 107-306, §353(b)(7), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: "As used in this subchapter, the term 'congressional intelligence committees' means the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives."Subsecs. (b) to (e). Pub. L. 107-306, §353(b)(3)(A), substituted "congressional intelligence committees" for "intelligence committees" wherever appearing.Subsec. (f). Pub. L. 107-306, §342(b), inserted ", and includes financial intelligence activities" before period at end.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2004 AMENDMENTFor Determination by President that amendment by Pub. L. 108-458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108-458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108-458 set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.

congressional intelligence committees
The term "congressional intelligence committees" means- (A) the Select Committee on Intelligence of the Senate; and(B) the Permanent Select Committee on Intelligence of the House of Representatives.
intelligence
The term "intelligence" includes foreign intelligence and counterintelligence.
national intelligence
The terms "national intelligence" and "intelligence related to national security" refer to all intelligence, regardless of the source from which derived and including information gathered within or outside the United States, that-(A) pertains, as determined consistent with any guidance issued by the President, to more than one United States Government agency; and(B) that involves- (i) threats to the United States, its people, property, or interests;(ii) the development, proliferation, or use of weapons of mass destruction; or(iii) any other matter bearing on United States national or homeland security.