(B) in paragraph (2), by striking ‘‘For the 
purposes’’ and all that follows through ‘‘if the 
report’’ and inserting ‘‘Except as provided in 
paragraph (4), a report shall be considered to 
be submitted to the Congress for the purposes 
of paragraph (1) if the report’’; and 
(C) by adding at the end the following: 
‘‘(3) 
DIRECTION
REGARDING
INTERPRETA-
TION.—The submission of a report to Congress 
based on the issuance of an authoritative legal inter-
pretation described in paragraph (1)(C) shall be dis-
cretionary on the part of the Attorney General or an 
officer described in subsection (e) if— 
‘‘(A) the President or other responsible of-
ficer of a department or agency established in 
the executive branch of the Federal Govern-
ment, including the Executive Office of the 
President and the military departments (as de-
fined in section 101(8) of title 10), expressly di-
rects that no action be taken or withheld or pol-
icy implemented or stayed on the basis of the 
authoritative legal interpretation; and 
‘‘(B) the directive described in subpara-
graph (A) is in effect. 
‘‘(4) CLASSIFIED INFORMATION.— 
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‘‘(A) SUBMISSION OF REPORT CONTAINING 
CLASSIFIED INFORMATION REGARDING INTEL-
LIGENCE
ACTIVITIES.—Except as provided in 
subparagraph (B), if the Attorney General sub-
mits a report relating to an instance described 
in paragraph (1) that includes a classified 
annex containing information relating to intel-
ligence activities, the report shall be considered 
to be submitted to the Congress for the pur-
poses of paragraph (1) if— 
‘‘(i) the unclassified portion of the re-
port is submitted to each officer specified 
in paragraph (2); and 
‘‘(ii) the classified annex is submitted 
to the Select Committee on Intelligence 
and the Committee on the Judiciary of the 
Senate and the Permanent Select Com-
mittee on Intelligence and the Committee 
on the Judiciary of the House of Rep-
resentatives. 
‘‘(B) SUBMISSION OF REPORT CONTAINING 
CERTAIN
CLASSIFIED
INFORMATION
ABOUT 
COVERT ACTIONS.— 
‘‘(i) IN GENERAL.—In a circumstance 
described in clause (ii), a report described 
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in that clause shall be considered to be 
submitted to the Congress for the purposes 
of paragraph (1) if— 
‘‘(I) the unclassified portion of 
the report is submitted to each officer 
specified in paragraph (2); and 
‘‘(II) the classified annex is sub-
mitted to— 
‘‘(aa) 
the 
chairman 
and 
ranking minority member of the 
Select Committee on Intelligence 
of the Senate; 
‘‘(bb) the chairman and 
ranking minority member of the 
Committee on the Judiciary of 
the Senate; 
‘‘(cc) 
the 
chairman 
and 
ranking minority member of the 
Permanent Select Committee on 
Intelligence of the House of Rep-
resentatives; 
‘‘(dd) the chairman and 
ranking minority member of the 
Committee on the Judiciary of 
the House of Representatives; 
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‘‘(ee) the Speaker and mi-
nority leader of the House of 
Representatives; and 
‘‘(ff) the majority leader and 
minority leader of the Senate. 
‘‘(ii) 
CIRCUMSTANCES.—A 
cir-
cumstance described in this clause is a cir-
cumstance in which— 
‘‘(I) the Attorney General sub-
mits a report relating to an instance 
described in paragraph (1) that in-
cludes a classified annex containing 
information relating to a Presidential 
finding described in section 503(a) of 
the National Security Act of 1947 (50 
U.S.C. 413b(a)); and 
‘‘(II) the President determines 
that it is essential to limit access to 
the information described in subclause 
(I) 
to 
meet 
extraordinary 
cir-
cumstances affecting vital interests of 
the United States.’’; 
(2) in subsection (b)— 
(A) in paragraph (2), by striking ‘‘and’’ at 
the end; 
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(B) by redesignating paragraph (3) as 
paragraph (4); 
(C) by inserting after paragraph (2) the 
following: 
‘‘(3) under subsection (a)(1)(C)— 
‘‘(A) not later than 30 days after the date 
on which the Attorney General, the Office of 
Legal Counsel, or any other officer of the De-
partment of Justice issues the authoritative 
legal interpretation of the Federal statutory 
provision; or 
‘‘(B) if the President or other responsible 
officer of a department or agency established in 
the executive branch of the Federal Govern-
ment, including the Executive Office of the 
President and the military departments (as de-
fined in section 101(8) of title 10), issues a di-
rective described in subsection (a)(3) and the 
directive is subsequently rescinded, not later 
than 30 days after the date on which the Presi-
dent or other responsible officer rescinds that 
directive; and’’; and 
(D) in paragraph (4), as so redesignated, 
by striking ‘‘subsection (a)(1)(C)’’ and inserting 
‘‘subsection (a)(1)(D)’’; 
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(3) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘or of 
each 
approval 
described 
in 
subsection 
(a)(1)(C)’’ and inserting ‘‘of the issuance of the 
authoritative legal interpretation described in 
subsection (a)(1)(C), or of each approval de-
scribed in subsection (a)(1)(D)’’; 
(B) by redesignating paragraphs (2) and 
(3) as paragraphs (3) and (4), respectively; 
(C) by inserting after paragraph (1) the 
following: 
‘‘(2) with respect to a report required under 
subparagraph (A), (B), or (C) of subsection (a)(1), 
specify the Federal statute, rule, regulation, pro-
gram, policy, or other law at issue, and the para-
graph and clause of subsection (a)(1) that describes 
the action of the Attorney General or other officer 
of the Department of Justice;’’; 
(D) in paragraph (3), as so redesignated— 
(i) by striking ‘‘reasons for the policy 
or determination’’ and inserting ‘‘reasons 
for the policy, authoritative legal interpre-
tation, or determination’’; 
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(III) by striking ‘‘or other law’’ 
and inserting ‘‘or other statute’’; 
(vii) in subparagraph (C), as so redes-
ignated— 
(I) by redesignating clauses (i) 
and (ii) as clauses (ii) and (iii), re-
spectively; 
(II) by inserting before clause 
(ii), as so redesignated, the following: 
‘‘(i) in the case of an authoritative 
legal interpretation described in subsection 
(a)(1)(C), if a copy of the Office of Legal 
Counsel or other legal opinion setting forth 
the authoritative legal interpretation is 
provided;’’; 
(III) in clause (ii), as so redesig-
nated, 
by 
striking 
‘‘subsection 
(a)(1)(C)(i)’’ 
and 
inserting 
‘‘sub-
section (a)(1)(D)(i)’’; and 
(IV) in clause (iii), as so redesig-
nated, 
by 
striking 
‘‘subsection 
(a)(1)(C)(ii)’’ and inserting ‘‘sub-
section (a)(1)(D)(ii)’’; and 
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(E) in paragraph (4), as so redesignated, 
by striking ‘‘subsection (a)(1)(C)(i)’’ and insert-
ing ‘‘subsection (a)(1)(D)(i)’’; and 
(4) in subsection (e)— 
(A) by striking ‘‘(but only with respect to 
the promulgation of any unclassified Executive 
order or similar memorandum or order)’’; and 
(B) by inserting ‘‘issues an authoritative 
interpretation 
described 
in 
subsection 
(a)(1)(C),’’ after ‘‘policy described in subsection 
(a)(1)(A),’’. 
Æ 
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