50 U.S.C. § 3103 — Future budget projections

Page 684 TITLE 50—WAR AND NATIONAL DEFENSE § 3103 intelligence committees written notice of the waiver that includes— (i) the information described in section 3101(f) of this title; and (ii) if the current total acquisition cost of the major system has increased by a percent- age equal to or greater than the critical cost growth threshold— (I) a determination of the root cause or causes of the critical cost growth, as de- scribed in subsection (a)(1); and (II) a certification that includes the ele- ments described in subparagraphs (A), (B), and (E) of subsection (b)(2). (B) The Director shall submit the written no- tice required by subparagraph (A) not later than 90 days after the date that the Director receives a major system cost report under subsection (b) or (c) of section 3101 of this title that indicates that the total acquisition cost for the major sys- tem has increased by a percentage equal to or greater than the significant cost growth thresh- old or critical cost growth threshold. (g) Definitions In this section, the terms ‘‘cost estimate’’, ‘‘critical cost growth threshold’’, ‘‘current Base- line Estimate’’, ‘‘major system’’, and ‘‘total ac- quisition cost’’ have the meaning given those terms in section 3101(a) of this title. (July 26, 1947, ch. 343, title V, § 506F, as added Pub. L. 111–259, title III, § 324(a), Oct. 7, 2010, 124 Stat. 2679.) Editorial Notes CODIFICATION Section was formerly classified to section 415a–8 of this title prior to editorial reclassification and renum- bering as this section. § 3103. Future budget projections (a) Future Year Intelligence Plans (1) The Director of National Intelligence, with the concurrence of the Director of the Office of Management and Budget, shall provide to the congressional intelligence committees a Future Year Intelligence Plan, as described in para- graph (2), for— (A) each expenditure center in the National Intelligence Program; and (B) each major system in the National Intel- ligence Program. (2)(A) A Future Year Intelligence Plan sub- mitted under this subsection shall include the year-by-year proposed funding for each center or system referred to in subparagraph (A) or (B) of paragraph (1), for the budget year for which the Plan is submitted and not less than the 4 subse- quent fiscal years. (B) A Future Year Intelligence Plan submitted under subparagraph (B) of paragraph (1) for a major system shall include— (i) the estimated total life-cycle cost of such major system; and (ii) major milestones that have significant resource implications for such major system. (b) Long-term Budget Projections (1) The Director of National Intelligence, with the concurrence of the Director of the Office of Management and Budget, shall provide to the congressional intelligence committees a Long- term Budget Projection for each element of the intelligence community funded under the Na- tional Intelligence Program acquiring a major system that includes the budget for such ele- ment for the 5-year period that begins on the day after the end of the last fiscal year for which year-by-year proposed funding is included in a Future Year Intelligence Plan for such major system in accordance with subsection (a)(2)(A). (2) A Long-term Budget Projection submitted under paragraph (1) shall include— (A) projections for the appropriate element of the intelligence community for— (i) pay and benefits of officers and employ- ees of such element; (ii) other operating and support costs and minor acquisitions of such element; (iii) research and technology required by such element; (iv) current and planned major system ac- quisitions for such element; (v) any future major system acquisitions for such element; and (vi) any additional funding projections that the Director of National Intelligence considers appropriate; (B) a budget projection based on effective cost and schedule execution of current or planned major system acquisitions and appli- cation of Office of Management and Budget in- flation estimates to future major system ac- quisitions; (C) any additional assumptions and projec- tions that the Director of National Intel- ligence considers appropriate; and (D) a description of whether, and to what ex- tent, the total projection for each year ex- ceeds the level that would result from apply- ing the most recent Office of Management and Budget inflation estimate to the budget of that element of the intelligence community. (c) Submission to Congress The Director of National Intelligence, with the concurrence of the Director of the Office of Management and Budget, shall submit to the congressional intelligence committees each Fu- ture Year Intelligence Plan or Long-term Budg- et Projection required under subsection (a) or (b) for a fiscal year at the time that the Presi- dent submits to Congress the budget for such fis- cal year pursuant to section 1105 of title 31. (d) Major system affordability report (1) The Director of National Intelligence, with the concurrence of the Director of the Office of Management and Budget, shall prepare a report on the acquisition of a major system funded under the National Intelligence Program before the time that the President submits to Congress the budget for the first fiscal year in which ap- propriated funds are anticipated to be obligated for the development or procurement of such major system. (2) The report on such major system shall in- clude an assessment of whether, and to what ex- tent, such acquisition, if developed, procured, and operated, is projected to cause an increase Page 685 TITLE 50—WAR AND NATIONAL DEFENSE § 3104 in the most recent Future Year Intelligence Plan and Long-term Budget Projection sub- mitted under this section for an element of the intelligence community. (3) The Director of National Intelligence shall update the report whenever an independent cost estimate must be updated pursuant to section 3097(a)(4) of this title. (4) The Director of National Intelligence shall submit each report required by this subsection at the time that the President submits to Con- gress the budget for a fiscal year pursuant to section 1105 of title 31. (e) Definitions In this section: (1) Budget year The term ‘‘budget year’’ means the next fis- cal year for which the President is required to submit to Congress a budget pursuant to sec- tion 1105 of title 31. (2) Independent cost estimate; major system The terms ‘‘independent cost estimate’’ and ‘‘major system’’ have the meaning given those terms in section 3097(e) of this title. (July 26, 1947, ch. 343, title V, § 506G, as added Pub. L. 111–259, title III, § 325(a), Oct. 7, 2010, 124 Stat. 2681; amended Pub. L. 117–263, div. F, title LXVIII, § 6824(a)(5), Dec. 23, 2022, 136 Stat. 3615.) Editorial Notes CODIFICATION Section was formerly classified to section 415a–9 of this title prior to editorial reclassification and renum- bering as this section. AMENDMENTS 2022—Subsec. (c). Pub. L. 117–263 substituted ‘‘pursu- ant to section’’ for ‘‘pursuant section’’. Statutory Notes and Related Subsidiaries APPLICABILITY DATE Pub. L. 111–259, title III, § 325(b), Oct. 7, 2010, 124 Stat. 2683, provided that: ‘‘The first Future Year Intelligence Plan and Long-term Budget Projection required to be submitted under subsection (a) and (b) of section 506G of the National Security Act of 1947 [50 U.S.C. 3103(a), (b)], as added by subsection (a), shall be submitted to the congressional intelligence committees at the time that the President submits to Congress the budget for fiscal year 2012 pursuant to section 1105 of title 31, United States Code.’’ [For definition of ‘‘congressional intelligence com- mittees’’ as used in section 325(b) of Pub. L. 111–259, set out above, see section 2 of Pub. L. 111–259, set out as a note under section 3003 of this title.] FUTURE-YEARS INTELLIGENCE PROGRAM Pub. L. 115–245, div. A, title VIII, § 8089, Sept. 28, 2018, 132 Stat. 3021, provided that: ‘‘The Director of National Intelligence shall submit to Congress each year, at or about the time that the President’s budget is sub- mitted to Congress that year under section 1105(a) of title 31, United States Code, a future-years intelligence program (including associated annexes) reflecting the estimated expenditures and proposed appropriations in- cluded in that budget. Any such future-years intel- ligence program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years.’’ Similar provisions were contained in the following appropriation acts: Pub. L. 115–141, div. C, title VIII, § 8090, Mar. 23, 2018, 132 Stat. 484. Pub. L. 115–31, div. C, title VIII, § 8091, May 5, 2017, 131 Stat. 268. Pub. L. 114–113, div. C, title VIII, § 8091, Dec. 18, 2015, 129 Stat. 2373. Pub. L. 113–235, div. C, title VIII, § 8095, Dec. 16, 2014, 128 Stat. 2276. Pub. L. 113–76, div. C, title VIII, § 8090, Jan. 17, 2014, 128 Stat. 126. Pub. L. 113–6, div. C, title VIII, § 8091, Mar. 26, 2013, 127 Stat. 318. Pub. L. 112–74, div. A, title VIII, § 8094, Dec. 23, 2011, 125 Stat. 828. Pub. L. 112–10, div. A, title VIII, § 8094, Apr. 15, 2011, 125 Stat. 77. Pub. L. 111–118, div. A, title VIII, § 8104, Dec. 19, 2009, 123 Stat. 3451, repealed by Pub. L. 111–259, title III, § 325(c)(2), Oct. 7, 2010, 124 Stat. 2683. Pub. L. 110–329, div. C, title VIII, § 8112, Sept. 30, 2008, 122 Stat. 3645. § 3104. Reports on security clearances (a) Report on security clearance determinations (1) Not later than February 1 of each year, the President shall submit to Congress a report on the security clearance process. Such report shall include, for each security clearance level— (A) the number of employees of the United States Government who— (i) held a security clearance at such level as of October 1 of the preceding year; and (ii) were approved for a security clearance at such level during the preceding fiscal year; and (B) the number of contractors to the United States Government who— (i) held a security clearance at such level as of October 1 of the preceding year; and (ii) were approved for a security clearance at such level during the preceding fiscal year. (2) For purposes of paragraph (1), the President may consider— (A) security clearances at the level of con- fidential and secret as one security clearance level; and (B) security clearances at the level of top se- cret or higher as one security clearance level. (b) Intelligence community reports (1)(A) Not later than March 1 of each year, the Director of National Intelligence shall submit a report to the congressional intelligence commit- tees, the Committee on Homeland Security and Governmental Affairs of the Senate, the Com- mittee on Homeland Security of the House of Representatives, and the Committee on Over- sight and Reform of the House of Representa- tives regarding the security clearances proc- essed by each element of the intelligence com- munity during the preceding fiscal year. (B) The Director shall submit to the Com- mittee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives such portions of the report sub- mitted under subparagraph (A) as the Director determines address elements of the intelligence community that are within the Department of Defense. (C) Each report submitted under this para- graph shall separately identify security clear-