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50 U.S.C. § 3105a — Classified intelligence budget justifica-

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3105a — Classified intelligence budget justifica-

Page 687 TITLE 50—WAR AND NATIONAL DEFENSE § 3106 1 See References in Text note below. (b) Updates Not less frequently than annually, the Direc- tor of National Intelligence, in consultation with the Director of the Central Intelligence Agency and the Secretary of Defense, shall up- date and make publicly available an unclassified summary consisting of the information required by subsection (a) and the number of individuals formerly detained at Naval Station, Guanta- namo Bay, Cuba, who are confirmed or sus- pected of returning to terrorist activities after release or transfer from such Naval Station. (July 26, 1947, ch. 343, title V, § 506I, as added Pub. L. 112–87, title III, § 307(a)(1), Jan. 3, 2012, 125 Stat. 1882; amended Pub. L. 116–92, div. E, title LVII, § 5701(a)(1), Dec. 20, 2019, 133 Stat. 2159.) Editorial Notes CODIFICATION Section was formerly classified to section 415a–11 of this title prior to editorial reclassification and renum- bering as this section. AMENDMENTS 2019—Subsec. (b). Pub. L. 116–92 substituted ‘‘annu- ally’’ for ‘‘once every 6 months’’. Statutory Notes and Related Subsidiaries INITIAL UPDATE Pub. L. 112–87, title III, § 307(a)(2), Jan. 3, 2012, 125 Stat. 1883, provided that: ‘‘The initial update required by section 506I(b) of such Act [act July 26, 1947, ch. 343; 50 U.S.C. 3105(b)], as added by paragraph (1) of this sub- section, shall be made publicly available not later than 10 days after the date the first report following the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2012 [Jan. 3, 2012] is submitted to mem- bers and committees of Congress pursuant to section 319 of the Supplemental Appropriations Act, 2009 (Pub- lic Law 111–32; 10 U.S.C. 801 note).’’ § 3105a. Classified inte

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Page 687 TITLE 50—WAR AND NATIONAL DEFENSE § 3106 1 See References in Text note below. (b) Updates Not less frequently than annually, the Direc- tor of National Intelligence, in consultation with the Director of the Central Intelligence Agency and the Secretary of Defense, shall up- date and make publicly available an unclassified summary consisting of the information required by subsection (a) and the number of individuals formerly detained at Naval Station, Guanta- namo Bay, Cuba, who are confirmed or sus- pected of returning to terrorist activities after release or transfer from such Naval Station. (July 26, 1947, ch. 343, title V, § 506I, as added Pub. L. 112–87, title III, § 307(a)(1), Jan. 3, 2012, 125 Stat. 1882; amended Pub. L. 116–92, div. E, title LVII, § 5701(a)(1), Dec. 20, 2019, 133 Stat. 2159.) Editorial Notes CODIFICATION Section was formerly classified to section 415a–11 of this title prior to editorial reclassification and renum- bering as this section. AMENDMENTS 2019—Subsec. (b). Pub. L. 116–92 substituted ‘‘annu- ally’’ for ‘‘once every 6 months’’. Statutory Notes and Related Subsidiaries INITIAL UPDATE Pub. L. 112–87, title III, § 307(a)(2), Jan. 3, 2012, 125 Stat. 1883, provided that: ‘‘The initial update required by section 506I(b) of such Act [act July 26, 1947, ch. 343; 50 U.S.C. 3105(b)], as added by paragraph (1) of this sub- section, shall be made publicly available not later than 10 days after the date the first report following the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2012 [Jan. 3, 2012] is submitted to mem- bers and committees of Congress pursuant to section 319 of the Supplemental Appropriations Act, 2009 (Pub- lic Law 111–32; 10 U.S.C. 801 note).’’ § 3105a. Classified intelligence budget justifica- tion materials (a) Definitions In this section: (1) Budget The term ‘‘budget’’ has the meaning given the term ‘‘budget of the President’’ in section 3097 of this title. (2) Classified intelligence budget justification materials The term ‘‘classified intelligence budget jus- tification materials’’ means, with respect to a fiscal year, the materials submitted to Con- gress by the Director of National Intelligence in support of the budget for that fiscal year that are classified or otherwise protected from public disclosure. (b) Timely submission Not later than 5 days after the date on which the President submits to Congress the budget for each fiscal year pursuant to section 1105(a) of title 31, the Director of National Intelligence shall submit to the congressional intelligence committees the classified intelligence budget justification materials for the element for that budget. (July 26, 1947, ch. 343, title V, § 506J, as added Pub. L. 117–263, div. F, title LXIII, § 6305, Dec. 23, 2022, 136 Stat. 3504.) Editorial Notes PRIOR PROVISIONS A prior section 3105a, act July 26, 1947, ch. 343, title V, § 506J, as added Pub. L. 113–126, title III, § 306(a), July 7, 2014, 128 Stat. 1395, required annual assessments of in- telligence community performance by function, prior to repeal by Pub. L. 116–92, div. E, title LVII, § 5701(c), Dec. 20, 2019, 133 Stat. 2160. § 3106. Dates for submittal of various annual and semiannual reports to the congressional in- telligence committees (a) Annual reports The date for the submittal to the congres- sional intelligence committees of the following annual reports shall be the date each year pro- vided in subsection (c)(1): (1) The annual report of the Inspectors Gen- eral of the intelligence community on pro- posed resources and activities of their offices required by section 416(h) of title 5. (2) The annual report on certifications for immunity in interdiction of aircraft engaged in illicit drug trafficking required by section 2291–4(c)(2) of title 22. (3) The annual report on activities under the David L. Boren National Security Education Act of 1991 (title VIII of Public Law 102–183; 50 U.S.C. 1901 et seq.) required by section 806(a) of that Act (50 U.S.C. 1906(a)). (4) The annual report on hiring and reten- tion of minority employees in the intelligence community required by section 3050(a) of this title. (5) The annual report on financial intel- ligence on terrorist assets required by section 3055 of this title. (6) An annual report submitted under section 3059(d)(1) of this title. (b) Semiannual reports The dates for the submittal to the congres- sional intelligence committees of the following semiannual reports shall be the dates each year provided in subsection (c)(2): (1) The semiannual reports on decisions not to prosecute certain violations of law under the Classified Information Procedures Act (18 U.S.C. App.) as required by section 13 of that Act. (2) The semiannual reports on the disclosure of information and consumer reports to the Federal Bureau of Investigation for counter- intelligence purposes required by section 1681u(h)(2) of title 15.1 (3) The semiannual provision of information on requests for financial information for for- eign counterintelligence purposes required by section 3414(a)(5)(C) of title 12. (c) Submittal dates for reports (1) Except as provided in subsection (d), each annual report listed in subsection (a) shall be submitted not later than February 1. (2) Except as provided in subsection (d), each semiannual report listed in subsection (b) shall

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 801 — Article 1. Definitions

In this chapter (the Uniform Code of Military Justice): (1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security. (2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force. (3) The term “commanding officer” includes only commissioned officers. (4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority. (5) The term “superior commissioned officer” means a commissioned officer superior in rank or command. (6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy. (7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service. (8) The term “military” refers to any or all of the armed forces. (9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused. (10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 801 — Article 1. Definitions

Page 695 TITLE 10—ARMED FORCES § 801 authorized, under regulations and policies of the Department of Defense and subject to subsection (b), to wear the insignia for that higher grade for a period of up to 14 days before assuming the duties of a position for which the higher grade is authorized. An officer who is so authorized to wear the insignia of a higher grade is said to be ‘‘frocked’’ to that grade. (b) RESTRICTIONS.—An officer may not be au- thorized to wear the insignia for a grade as de- scribed in subsection (a) unless— (1) the Senate has given its advice and con- sent to the appointment of the officer to that grade; (2) the officer has received orders to serve in a position outside the military department of that officer for which that grade is authorized; (3) the Secretary of Defense (or a civilian of- ficer within the Office of the Secretary of De- fense whose appointment was made with the advice and consent of the Senate and to whom the Secretary delegates such approval author- ity) has given approval for the officer to wear the insignia for that grade before assuming the duties of a position for which that grade is authorized; and (4) the Secretary of Defense has submitted to Congress a written notification of the in- tent to authorize the officer to wear the insig- nia for that grade. (c) BENEFITS NOT TO BE CONSTRUED AS ACCRU- ING.—(1) Authority provided to an officer as de- scribed in subsection (a) to wear the insignia of a higher grade may not be construed as confer- ring authority for that officer to— (A) be paid the rate of pay provided for an officer in that grade having the same number of years of service as that officer; or (B) assume any legal authority associated with that grade. (2) The period for which an officer wears

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1901 — Short title, findings, and purposes

**(a) Short title** This chapter may be cited as the “David L. Boren National Security Education Act of 1991”. **(b) Findings** The Congress makes the following findings: (1) The security of the United States is and will continue to depend on the ability of the United States to exercise international leadership. (2) The ability of the United States to exercise international leadership is, and will increasingly continue to be, based on the political and economic strength of the United States, as well as on United States military strength around the world. (3) Recent changes in the world pose threats of a new kind to international stability as Cold War tensions continue to decline while economic competition, regional conflicts, terrorist activities, and weapon proliferations have dramatically increased. (4) The future national security and economic well-being of the United States will depend substantially on the ability of its citizens to communicate and compete by knowing the languages and cultures of other countries. (5) The Federal Government has an interest in ensuring that the employees of its departments and agencies with national security responsibilities are prepared to meet the challenges of this changing international environment. (6) The Federal Government also has an interest in taking actions to alleviate the problem of American undergraduate and graduate students being inadequately prepared to meet the challenges posed by increasing global interaction among nations. (7) American colleges and universities must place a new emphasis on improving the teaching of foreign languages, area studies, counterproliferation studies, and other international fields to help meet those challenges. **(c) Purposes** The purposes of this chapter are as follows: (1) To

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1901 — Short title, findings, and purposes

Page 311 TITLE 50—WAR AND NATIONAL DEFENSE § 1901 tion 1881a(h) of this title’’, was executed by sub- stituting ‘‘1881a(i) of this title’’ for ‘‘1881a(h) of this title’’ to reflect the probable intent of Congress. § 1885b. Preemption (a) In general No State shall have authority to— (1) conduct an investigation into an elec- tronic communication service provider’s al- leged assistance to an element of the intel- ligence community; (2) require through regulation or any other means the disclosure of information about an electronic communication service provider’s alleged assistance to an element of the intel- ligence community; (3) impose any administrative sanction on an electronic communication service provider for assistance to an element of the intel- ligence community; or (4) commence or maintain a civil action or other proceeding to enforce a requirement that an electronic communication service pro- vider disclose information concerning alleged assistance to an element of the intelligence community. (b) Suits by the United States The United States may bring suit to enforce the provisions of this section. (c) Jurisdiction The district courts of the United States shall have jurisdiction over any civil action brought by the United States to enforce the provisions of this section. (d) Application This section shall apply to any investigation, action, or proceeding that is pending on or com- menced after July 10, 2008. (Pub. L. 95–511, title VIII, § 803, as added Pub. L. 110–261, title II, § 201, July 10, 2008, 122 Stat. 2470.) § 1885c. Reporting (a) Semiannual report Not less frequently than once every 6 months, the Attorney General shall, in a manner con- sistent with national security, the Rules of the House of Representatives, the Sta

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1906 — Annual report

**(a) Annual report** (1) The Secretary shall submit to the President and to the congressional intelligence committees an annual report of the conduct of the program required by this chapter. (2) The report submitted to the President shall be submitted each year at the time that the President’s budget for the next fiscal year is submitted to Congress pursuant to [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim). (3) The report submitted to the congressional intelligence committees shall be submitted on the date provided in [section 3106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3106&num=0&edition=prelim). **(b) Contents of report** Each such report shall contain— (1) an analysis of the trends within language, international, area, and counterproliferation studies, along with a survey of such areas as the Secretary determines are receiving inadequate attention; (2) the effect on those trends of activities under the program required by this chapter; (3) an analysis of the assistance provided under the program for the previous fiscal year, to include the subject areas being addressed and the nature of the assistance provided; (4) an analysis of the performance of the individuals who received assistance under the program during the previous fiscal year, to include the degree to which assistance was terminated under the program and the extent to which individual recipients failed to meet their obligations under the program; (5) an analysis of the results of the program for the previous fiscal year, and cumulatively, to include, at a minimum— (A) the percentage of individuals who have received assistance under the program who subsequently

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1906 — Annual report

Page 320 TITLE 50—WAR AND NATIONAL DEFENSE § 1905 ‘‘National Security Education Trust Fund’’. The assets of the Fund consist of amounts appro- priated to the Fund and amounts credited to the Fund under subsection (e). (b) Availability of sums in Fund Sums in the Fund shall, to the extent provided in appropriations Acts, be available— (1) for awarding scholarships, fellowships, and grants in accordance with the provisions of this chapter; and (2) for properly allocable costs of the Federal Government for the administration of the pro- gram under this chapter. (c) Investment of Fund assets The Secretary of the Treasury shall invest in full the amount in the Fund that is not imme- diately necessary for expenditure. Such invest- ments may be made only in interest-bearing ob- ligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose, such obli- gations may be acquired on original issue at the issue price or by purchase of outstanding obliga- tions at the market price. The purposes for which obligations of the United States may be issued under chapter 31 of title 31 are hereby ex- tended to authorize the issuance at par of spe- cial obligations exclusively to the Fund. Such special obligations shall bear interest at a rate equal to the average rate of interest, computed as to the end of the calendar month next pre- ceding the date of such issue, borne by all mar- ketable interest-bearing obligations of the United States then forming a part of the public debt, except that where such average rate is not a multiple of 1⁄8 of 1 percent, the rate of interest of such special obligations shall be the multiple of 1⁄8 of 1 percent next lower than such average rate. Such special obl

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3105 — Vulnerability assessments of major systems

**(a) Initial vulnerability assessments** (1) (A) Except as provided in subparagraph (B), the Director of National Intelligence shall conduct and submit to the congressional intelligence committees an initial vulnerability assessment for each major system and its significant items of supply— (i) except as provided in clause (ii), prior to the completion of Milestone B or an equivalent acquisition decision for the major system; or (ii) prior to the date that is 1 year after October 7, 2010, in the case of a major system for which Milestone B or an equivalent acquisition decision— (I) was completed prior to such date; or (II) is completed on a date during the 180-day period following such date. (B) The Director may submit to the congressional intelligence committees an initial vulnerability assessment required by clause (ii) of subparagraph (A) not later than 180 days after the date such assessment is required to be submitted under such clause if the Director notifies the congressional intelligence committees of the extension of the submission date under this subparagraph and provides a justification for such extension. (C) The initial vulnerability assessment of a major system and its significant items of supply shall include use of an analysis-based approach to— (i) identify vulnerabilities; (ii) define exploitation potential; (iii) examine the system’s potential effectiveness; (iv) determine overall vulnerability; and (v) make recommendations for risk reduction. (2) If an initial vulnerability assessment for a major system is not submitted to the congressional intelligence committees as required by paragraph (1), funds appropriated for the acquisition of the major system may not be obligated for a major contra

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3105 — Summary of intelligence relating to ter-

Page 686 TITLE 50—WAR AND NATIONAL DEFENSE § 3105 ances processed for Federal employees and con- tractor employees sponsored by each such ele- ment. (2) Each report submitted under paragraph (1)(A) shall include, for each element of the in- telligence community for the fiscal year covered by the report, the following: (A) The total number of initial security clearance background investigations spon- sored for new applicants. (B) The total number of security clearance periodic reinvestigations sponsored for exist- ing employees. (C) The total number of initial security clearance background investigations for new applicants that were adjudicated with notice of a determination provided to the prospective applicant, including— (i) the total number of such adjudications that were adjudicated favorably and granted access to classified information; and (ii) the total number of such adjudications that were adjudicated unfavorably and re- sulted in a denial or revocation of a security clearance. (D) The total number of security clearance periodic background investigations that were adjudicated with notice of a determination provided to the existing employee, including— (i) the total number of such adjudications that were adjudicated favorably; and (ii) the total number of such adjudications that were adjudicated unfavorably and re- sulted in a denial or revocation of a security clearance. (E) The total number of pending security clearance background investigations, includ- ing initial applicant investigations and peri- odic reinvestigations, that were not adju- dicated as of the last day of such year and that remained pending, categorized as follows: (i) For 180 days or shorter. (ii) For longer than 180 days, but shorter than 12 months. (iii) For 12

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3105a — Intelligence community business system transformation

**(a) Limitation on obligation of funds** (1) Subject to paragraph (3), no funds appropriated to any element of the intelligence community may be obligated for an intelligence community business system transformation that will have a total cost in excess of $3,000,000 unless— (A) the Director of the Office of Business Transformation of the Office of the Director of National Intelligence makes a certification described in paragraph (2) with respect to such intelligence community business system transformation; and (B) such certification is approved by the board established under subsection (f). (2) The certification described in this paragraph for an intelligence community business system transformation is a certification made by the Director of the Office of Business Transformation of the Office of the Director of National Intelligence that the intelligence community business system transformation— (A) complies with the enterprise architecture under subsection (b) and such other policies and standards that the Director of National Intelligence considers appropriate; or (B) is necessary— (i) to achieve a critical national security capability or address a critical requirement; or (ii) to prevent a significant adverse effect on a project that is needed to achieve an essential capability, taking into consideration any alternative solutions for preventing such adverse effect. (3) With respect to a fiscal year after fiscal year 2010, the amount referred to in paragraph (1) in the matter preceding subparagraph (A) shall be equal to the sum of— (A) the amount in effect under such paragraph (1) for the preceding fiscal year (determined after application of this paragraph), plus (B) such amount multiplied by the annual percentage increase in the con

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