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50 U.S.C. § 3106 — Dates for submittal of various annual and

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50 U.S.C. § 3106 — Dates for submittal of various annual and

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 Page 688 TITLE 50—WAR AND NATIONAL DEFENSE § 3106 be submitted not later than February 1 and Au- gust 1. (d) Postponement of submittal (1) Subject to paragraph (3), the date for the submittal of— (A) an annual report listed in subsection (a) may be postponed until March 1; and (B) a semiannual report listed in subsection (b) may be postponed until March 1 or Sep- tember 1, as the case may be, if the official required to submit such report submits to the congressional intelligence com- mittees a written notification of such postpone- ment. (2)(A) Notwithstanding any other provision of law and subject to paragraph (3), the date for the submittal to the congressional intelligence com- mittees of any report described in subparagraph (B) may be postponed by not more than 30 days from the date otherwise specified in the provi- sion of law for the submittal of such report if the official required to submit such report sub- mits to the congressional intelligence commit- tees a written notification of such postpone- ment. (B) A report described in this subparagraph is any report on intelligence or intelligence-re- lated activities of the United States Govern- ment that is submitted under a provision of law requiring the submittal of only a single report. (3)(A) The date for the submittal of a report whose submittal is postponed under paragraph (1) or (2) may be postponed beyond the time pro- vided for the submittal of such report under such paragraph if the official required to submit such report submits to the congressional intel- ligence committees a written certification that preparation and submittal of such report at such time will impede the work of officers or employ- ees of the intelligence community in a manner that will be detrimental to the national security of the United States. (B) A certification with respect to a report under subparagraph (A) shall include a proposed submittal date for such report, and such report shall be submitted not later than that date. (July 26, 1947, ch. 343, title V, § 507, as added Pub. L. 107–306, title VIII, § 811(a)(1), Nov. 27, 2002, 116 Stat. 2418; amended Pub. L. 108–177, title III, § 361(l), Dec. 13, 2003, 117 Stat. 2626; Pub. L. 111–259, title III, § 349, title V, § 501(b)(3), Oct. 7, 2010, 124 Stat. 2700, 2739; Pub. L. 112–277, title III, §§ 309(b)(2), 310(b)(1), Jan. 14, 2013, 126 Stat. 2474, 2475; Pub. L. 113–126, title III, § 329(c)(3), July 7, 2014, 128 Stat. 1407; Pub. L. 114–113, div. M, title VII, § 701(c)(2), (3), Dec. 18, 2015, 129 Stat. 2929; Pub. L. 116–92, div. E, title LIII, § 5322(c), Dec. 20, 2019, 133 Stat. 2130; Pub. L. 117–263, div. F, title LXVIII, § 6824(a)(6), Dec. 23, 2022, 136 Stat. 3615; Pub. L. 117–286, § 4(b)(100), Dec. 27, 2022, 136 Stat. 4353.) Editorial Notes REFERENCES IN TEXT The David L. Boren National Security Education Act of 1991, referred to in subsec. (a)(3), is title VIII of Pub. L. 102–183, Dec. 4, 1991, 105 Stat. 1271, which is classified generally to chapter 37 (§ 1901 et seq.) of this title. For complete classification of this Act to the Code, see sec- tion 1901(a) of this title and Tables. The Classified Information Procedures Act, referred to in subsec. (b)(1), is Pub. L. 96–456, Oct. 15, 1980, 94 Stat. 2025, which is set out in the Appendix to Title 18, Crimes and Criminal Procedure. Section 1681u(h)(2) of title 15, referred to in subsec. (b)(2), was in the original ‘‘section 624(h)(2) of the Fair Credit Reporting Act’’, which was translated as reading ‘‘section 626(h)(2) of the Fair Credit Reporting Act’’, to reflect the probable intent of Congress and the renum- bering of section 624 as 626 by section 358(g)(1)(A) of Pub. L. 107–56 and section 214(a)(1) of Pub. L. 108–159. Section 1681u(h) of title 15 was subsequently redesig- nated section 1681u(i) of title 15 by Pub. L. 114–23, title V, § 503(c)(1), June 2, 2015, 129 Stat. 290. CODIFICATION Section was formerly classified to section 415b of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title ref- erenced in amendment notes below reflect the classi- fication of such sections prior to their editorial reclas- sification. AMENDMENTS 2022—Subsec. (a)(1). Pub. L. 117–286 substituted ‘‘sec- tion 416(h) of title 5.’’ for ‘‘section 8H(g) of the Inspec- tor General Act of 1978.’’ Pub. L. 117–263 substituted ‘‘Inspectors General’’ for ‘‘Inspectors Generals’’. 2019—Subsec. (a)(6). Pub. L. 116–92 added par. (6). 2015—Subsec. (a)(5), (6). Pub. L. 114–113, § 701(c)(2), re- designated par. (6) as (5) and struck out former par. (5) which read as follows: ‘‘The annual report on outside employment of employees of elements of the intel- ligence community required by section 3024(u)(2) of this title.’’ Subsec. (c)(1). Pub. L. 114–113, § 701(c)(3), substituted ‘‘subsection (a)’’ for ‘‘subsection (a)(1)’’. 2014—Subsec. (a). Pub. L. 113–126, § 329(c)(3)(A), in in- troductory provisions, struck out par. (1) designation before ‘‘The date’’ and substituted ‘‘subsection (c)(1)’’ for ‘‘subsection (c)(1)(A)’’, redesignated subpars. (A) to (F) of former par. (1) as pars. (1) to (6), respectively, and struck out former par. (2) which read as follows: ‘‘The date for the submittal to the congressional intelligence committees of the annual report on the threat of at- tack on the United States from weapons of mass de- struction required by section 3050(b) of this title shall be the date each year provided in subsection (c)(1)(B).’’ Subsec. (c)(1). Pub. L. 113–126, § 329(c)(3)(B), struck out subpar. (A) designation before ‘‘Except’’ and struck out subpar. (B) which read as follows: ‘‘Except as provided in subsection (d), the annual report listed in subsection (a)(2) shall be submitted not later than December 1.’’ Subsec. (d)(1). Pub. L. 113–126, § 329(c)(3)(C), in subpar. (A), substituted ‘‘subsection (a)’’ for ‘‘subsection (a)(1)’’ and inserted ‘‘and’’ after ‘‘March 1;’’, redesignated sub- par. (C) as (B), and struck out former subpar. (B) which read as follows: ‘‘the annual report listed in subsection (a)(2) may be postponed until January 1; and’’. 2013—Subsec. (a)(1). Pub. L. 112–277, § 310(b)(1)(A)(i)(I), (II), redesignated subpars. (B), (E), (F), (G), (H), and (I) as (A), (B), (C), (D), (E), and (F), respectively, and struck out former subpars. (A), (C), and (D) which read as follows: ‘‘(A) The annual report on the protection of the iden- tities of covert agents required by section 423 of this title. ‘‘(C) The annual report on the acquisition of tech- nology relating to weapons of mass destruction and ad- vanced conventional munitions required by section 2366 of this title. ‘‘(D) The annual report on commercial activities as security for intelligence collection required by section 437(c) of title 10.’’ Subsec. (a)(1)(D). Pub. L. 112–277, § 310(b)(1)(A)(i)(III), substituted ‘‘section 404i(a)’’ for ‘‘section 404i(c)’’. Subsec. (a)(2). Pub. L. 112–277, § 310(b)(1)(A)(ii), amend- ed par. (2) generally. Prior to amendment, par. (2) read Page 689 TITLE 50—WAR AND NATIONAL DEFENSE § 3106 as follows: ‘‘The date for the submittal to the congres- sional intelligence committees of the following annual reports shall be the date each year provided in sub- section (c)(1)(B): ‘‘(A) The annual report on the safety and security of Russian nuclear facilities and nuclear military forces required by section 404i(a) of this title. ‘‘(B) The annual report on the threat of attack on the United States from weapons of mass destruction required by section 404i(c) of this title.’’ Subsec. (b). Pub. L. 112–277, § 309(b)(2), redesignated pars. (2) to (4) as (1) to (3), respectively, and struck out former par. (1) which read as follows: ‘‘The semiannual reports on the Office of the Inspector General of the Central Intelligence Agency required by section 403q(d)(1) of this title.’’ Subsec. (c)(1)(B). Pub. L. 112–277, § 310(b)(1)(B), sub- stituted ‘‘the annual report’’ for ‘‘each annual report’’. Subsec. (d)(1)(B). Pub. L. 112–277, § 310(b)(1)(C), sub- stituted ‘‘the annual report’’ for ‘‘an annual report’’. 2010—Subsec. (a)(1). Pub. L. 111–259, § 349(1)(A), added subpars. (H) and (I), redesignated former subpars. (C) to (F), (H), (I), and (N) as (A) to (G), respectively, and struck out former subpars. (A), (B), and (G) which read as follows: ‘‘(A) The annual report on intelligence required by section 404d of this title. ‘‘(B) The annual report on intelligence provided to the United Nations required by section 404g(b)(1) of this title. ‘‘(G) The annual update on foreign industrial espio- nage required by section 2170b(b) of the Appendix to this title.’’ Subsec. (a)(2)(C), (D). Pub. L. 111–259, § 349(1)(B), struck out subpars. (C) and (D) which read as follows: ‘‘(C) The annual report on improvements of the finan- cial statements of the intelligence community for au- diting purposes required by section 404i–1 of this title. ‘‘(D) The annual report on counterdrug intelligence matters required by section 826 of the Intelligence Au- thorization Act for Fiscal Year 2003.’’ Subsec. (b)(3) to (5). Pub. L. 111–259, § 501(b)(3), redes- ignated pars. (4) and (5) as (3) and (4), respectively, and struck out former par. (3) which read as follows: ‘‘(3) The semiannual reports on the activities of the Diplomatic Telecommunications Service Program Of- fice (DTS–PO) required by section 7302(a)(6)(D)(ii) of title 22.’’ Subsec. (b)(6). Pub. L. 111–259, § 349(2), struck out par. (6) which read as follows: ‘‘(6) The semiannual report on financial intelligence on terrorist assets required by section 404m of this title.’’ 2003—Subsec. (a)(1)(A). Pub. L. 108–177, § 361(l)(1)(A)(i), (ii), redesignated subpar. (B) as (A) and struck out former subpar. (A) which read as follows: ‘‘The annual evaluation of the performance and responsiveness of certain elements of the intelligence community re- quired by section 403–5(d) of this title.’’ Subsec. (a)(1)(B). Pub. L. 108–177, § 361(l)(1)(A)(iii), added subpar. (B). Former subpar. (B) redesignated (A). Subsec. (a)(1)(C). Pub. L. 108–177, § 361(l)(1)(A)(i), (ii), redesignated subpar. (D) as (C) and struck out former subpar. (C) which read as follows: ‘‘The annual report on intelligence community cooperation with Federal law enforcement agencies required by section 404i(a)(2) of this title.’’ Subsec. (a)(1)(D). Pub. L. 108–177, § 361(l)(1)(A)(ii), re- designated subpar. (E) as (D). Former subpar. (D) redes- ignated (C). Subsec. (a)(1)(E). Pub. L. 108–177, § 361(l)(1)(A)(iv), added subpar. (E). Former subpar. (E) redesignated (D). Subsec. (a)(1)(G). Pub. L. 108–177, § 361(l)(1)(A)(i), (ii), redesignated subpar. (H) as (G) and struck out former subpar. (G) which read as follows: ‘‘The annual report on expenditures for postemployment assistance for ter- minated intelligence employees required by section 1611(e)(2) of title 10.’’ Subsec. (a)(1)(H). Pub. L. 108–177, § 361(l)(1)(A)(ii), re- designated subpar. (K) as (H). Former subpar. (H) redes- ignated (G). Subsec. (a)(1)(I). Pub. L. 108–177, § 361(l)(1)(A)(i), (ii), redesignated subpar. (M) as (I) and struck out former subpar. (I) which read as follows: ‘‘The annual report on coordination of counterintelligence matters with the Federal Bureau of Investigation required by section 402a(c)(6) of this title.’’ Subsec. (a)(1)(J). Pub. L. 108–177, § 361(l)(1)(A)(i), struck out subpar. (J) which read as follows: ‘‘The an- nual report on foreign companies involved in the pro- liferation of weapons of mass destruction that raise funds in the United States capital markets required by section 404n–3 of this title.’’ Subsec. (a)(1)(K). Pub. L. 108–177, § 361(l)(1)(A)(ii), re- designated subpar. (K) as (H). Subsec. (a)(1)(L). Pub. L. 108–177, § 361(l)(1)(A)(i), struck out subpar. (L) which read as follows: ‘‘The an- nual report on exceptions to consumer disclosure re- quirements for national security investigations under section 1681b(b)(4)(E) of title 15.’’ Subsec. (a)(1)(M). Pub. L. 108–177, § 361(l)(1)(A)(ii), re- designated subpar. (M) as (I). Subsec. (a)(1)(N). Pub. L. 108–177, § 361(l)(1)(A)(ii), which directed that subpar. (N) be redesignated, could not be executed because there was no corresponding subpar. provided for such redesignation. Subsec. (a)(2). Pub. L. 108–177, § 361(l)(1)(B)(iii), (iv), redesignated subpars. (D) and (G) as (C) and (D), respec- tively, and struck out subpars. (C), (E), and (F) which read as follows: ‘‘(C) The annual report on covert leases required by section 404i(e) of this title. ‘‘(E) The annual report on activities of personnel of the Federal Bureau of Investigation outside the United States required by section 540C(c)(2) of title 28. ‘‘(F) The annual report on intelligence activities of the People’s Republic of China required by section 308(c) of the Intelligence Authorization Act for Fiscal Year 1998 (Public Law 105–107; 50 U.S.C. 402a note).’’ Subsec. (a)(2)(A). Pub. L. 108–177, § 361(l)(1)(B)(i), sub- stituted ‘‘section 404i(a)’’ for ‘‘section 404i(b)’’. Subsec. (a)(2)(B). Pub. L. 108–177, § 361(l)(1)(B)(ii), sub- stituted ‘‘section 404i(c)’’ for ‘‘section 404i(d)’’. Subsec. (b). Pub. L. 108–177, § 361(l)(2), redesignated pars. (2), (3), (5), (6), (7), and (8) as (1), (2), (3), (4), (5), and (6), respectively, and struck out former pars. (1) and (4) which read as follows: ‘‘(1) The periodic reports on intelligence provided to the United Nations required by section 404g(b) of this title. ‘‘(4) The semiannual reports on the acquisition of technology relating to weapons of mass destruction and advanced conventional munitions required by section 2366(b) of this title.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–177 effective Dec. 31, 2003, see section 361(n) of Pub. L. 108–177, set out as a note under section 1611 of Title 10, Armed Forces. PREPARATION AND SUBMITTAL OF REPORTS, REVIEWS, STUDIES, AND PLANS RELATING TO INTELLIGENCE AC- TIVITIES OF DEPARTMENT OF DEFENSE OR DEPART- MENT OF ENERGY Pub. L. 108–487, title I, § 107, Dec. 23, 2004, 118 Stat. 3943, provided that: ‘‘(a) CONSULTATION IN PREPARATION.—(1) The Director of National Intelligence shall ensure that any report, review, study, or plan required to be prepared or con- ducted by a provision of this Act [see Tables for classi- fication], including a provision of the classified Sched- ule of Authorizations referred to in section 102(a) [118 Stat. 3940] or the classified annex to this Act, that in- volves the intelligence or intelligence-related activities of the Department of Defense or the Department of En- ergy is prepared or conducted in consultation with the Secretary of Defense or the Secretary of Energy, as ap- propriate. Page 690 TITLE 50—WAR AND NATIONAL DEFENSE § 3107 ‘‘(2) The Secretary of Defense or the Secretary of En- ergy may carry out any consultation required by this subsection through an official of the Department of De- fense or the Department of Energy, as the case may be, designated by such Secretary for that purpose. ‘‘(b) SUBMITTAL.—Any report, review, study, or plan referred to in subsection (a) shall be submitted, in addi- tion to any other committee of Congress specified for submittal in the provision concerned, to the following committees or subcommittees of Congress, as appro- priate: ‘‘(1) The Committee on Armed Services, the Sub- committee on Defense of the Committee on Appro- priations, and the Select Committee on Intelligence of the Senate. ‘‘(2) The Committee on Armed Services, the Sub- committee on Defense of the Committee on Appro- priations, and the Permanent Select Committee on Intelligence of the House of Representatives.’’ Similar provisions were contained in the following prior acts: Pub. L. 108–177, title I, § 107, Dec. 13, 2003, 117 Stat. 2604. Pub. L. 107–306, title I, § 109, Nov. 27, 2002, 116 Stat. 2389. Pub. L. 107–108, title V, § 505, Dec. 28, 2001, 115 Stat. 1406. DEADLINE FOR SUBMITTAL OF VARIOUS OVERDUE REPORTS Pub. L. 107–306, title VIII, § 801, Nov. 27, 2002, 116 Stat. 2418, provided that certain overdue reports that the Di- rector of Central Intelligence has sole or primary re- sponsibility to present to Congress must be submitted to Congress no later than 180 days after Nov. 27, 2002, or amounts available to the Director to carry out the functions and duties of the Director’s Office would be reduced by 1⁄3. § 3107. Certification of compliance with oversight requirements The head of each element of the intelligence community shall annually submit to the con- gressional intelligence committees— (1) a certification that, to the best of the knowledge of the head of such element— (A) the head of such element is in full com- pliance with the requirements of this sub- chapter; and (B) any information required to be sub- mitted by the head of such element under this chapter before the date of the submis- sion of such certification has been properly submitted; or (2) if the head of such element is unable to submit a certification under paragraph (1), a statement— (A) of the reasons the head of such element is unable to submit such a certification; (B) describing any information required to be submitted by the head of such element under this chapter before the date of the submission of such statement that has not been properly submitted; and (C) that the head of such element will sub- mit such information as soon as possible after the submission of such statement. (July 26, 1947, ch. 343, title V, § 508, as added Pub. L. 111–259, title III, § 332(a), Oct. 7, 2010, 124 Stat. 2686.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in pars. (1)(B) and (2)(B), 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 chap- ter. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 415d of this title prior to editorial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries APPLICABILITY DATE Pub. L. 111–259, title III, § 332(b), Oct. 7, 2010, 124 Stat. 2687, provided that: ‘‘The first certification or state- ment required to be submitted by the head of each ele- ment of the intelligence community under section 508 of the National Security Act of 1947 [50 U.S.C. 3107], as added by subsection (a), shall be submitted not later than 90 days after the date of the enactment of this Act [Oct. 7, 2010].’’ [For definition of ‘‘intelligence community’’ as used in section 332(b) of Pub. L. 111–259, set out above, see section 2 of Pub. L. 111–259, set out as a note under sec- tion 3003 of this title.] § 3108. Auditability of certain elements of the in- telligence community (a) Requirement for annual audits The head of each covered entity shall ensure that there is a full financial audit of such cov- ered entity each year beginning with fiscal year 2014. Such audits may be conducted by an inter- nal or external independent accounting or audit- ing organization. (b) Requirement for unqualified opinion Beginning as early as practicable, but in no event later than the audit required under sub- section (a) for fiscal year 2016, the head of each covered entity shall take all reasonable steps necessary to ensure that each audit required under subsection (a) contains an unqualified opinion on the financial statements of such cov- ered entity for the fiscal year covered by such audit. (c) Reports to Congress The chief financial officer of each covered en- tity shall provide to the congressional intel- ligence committees an annual audit report from an accounting or auditing organization on each audit of the covered entity conducted pursuant to subsection (a). (d) Covered entity defined In this section, the term ‘‘covered entity’’ means the Office of the Director of National In- telligence, the Central Intelligence Agency, the Defense Intelligence Agency, the National Secu- rity Agency, the National Reconnaissance Of- fice, and the National Geospatial-Intelligence Agency. (July 26, 1947, ch. 343, title V, § 509, as added Pub. L. 113–126, title III, § 309(a), July 7, 2014, 128 Stat. 1398.) § 3109. Significant interpretations of law con- cerning intelligence activities (a) Notification Except as provided in subsection (c) and to the extent consistent with due regard for the protec-

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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-

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 801

Stored review status: release_metadata_unconfirmed. The source passage cites 10 U.S.C. § 801. This identifies an authority to review, not proof of applicability.

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

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 801

Stored review status: historical_2024_not_currentness_verified. The source passage cites 10 U.S.C. § 801. This identifies an authority to review, not proof of applicability.

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1901

Stored review status: release_metadata_unconfirmed. The source passage cites 50 U.S.C. § 1901. This identifies an authority to review, not proof of applicability.

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

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 1901

Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 1901. This identifies an authority to review, not proof of applicability.

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1906

Stored review status: release_metadata_unconfirmed. The source passage cites 50 U.S.C. § 1906. This identifies an authority to review, not proof of applicability.

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

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 1906

Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 1906. This identifies an authority to review, not proof of applicability.

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3105

Stored review status: release_metadata_unconfirmed. The source passage cites 50 U.S.C. § 3105. This identifies an authority to review, not proof of applicability.

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

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3105

Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 3105. This identifies an authority to review, not proof of applicability.

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

50 U.S.C. § 3106 — Reports on the acquisition of major systems

**(a) Definitions** In this section: (1) The term “cost estimate”— (A) means an assessment and quantification of all costs and risks associated with the acquisition of a major system based upon reasonably available information at the time the Director establishes the 2010 adjusted total acquisition cost for such system pursuant to subsection (h) or restructures such system pursuant to [section 3102(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3102/c&num=0&edition=prelim); and (B) does not mean an “independent cost estimate”. (2) The term “critical cost growth threshold” means a percentage increase in the total acquisition cost for a major system of at least 25 percent over the total acquisition cost for the major system as shown in the current Baseline Estimate for the major system. (3) (A) The term “current Baseline Estimate” means the projected total acquisition cost of a major system that is— (i) approved by the Director, or a designee of the Director, at Milestone B or an equivalent acquisition decision for the development, procurement, and construction of such system; (ii) approved by the Director at the time such system is restructured pursuant to [section 3102(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3102/c&num=0&edition=prelim); or (iii) the 2010 adjusted total acquisition cost determined pursuant to subsection (h). (B) A current Baseline Estimate may be in the form of an independent cost estimate. (4) Except as otherwise specifically provided, the term “Director” means the Director of National Intelligence. (5) The term “independent cost estimate” has the meaning given that term in [section 3097(e) of this title](https://uscode.h

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3106

Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.

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

50 U.S.C. § 3107 — Critical cost growth in major systems

**(a) Reassessment of major system** If the Director of National Intelligence determines under [section 3101(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3101/d&num=0&edition=prelim) that the total acquisition cost of a major system has increased by a percentage equal to or greater than the critical cost growth threshold for the major system, the Director shall— (1) determine the root cause or causes of the critical cost growth, in accordance with applicable statutory requirements, policies, procedures, and guidance; and (2) carry out an assessment of— (A) the projected cost of completing the major system if current requirements are not modified; (B) the projected cost of completing the major system based on reasonable modification of such requirements; (C) the rough order of magnitude of the costs of any reasonable alternative system or capability; and (D) the need to reduce funding for other systems due to the growth in cost of the major system. **(b) Presumption of termination** (1) After conducting the reassessment required by subsection (a) with respect to a major system, the Director shall terminate the major system unless the Director submits to Congress a Major System Congressional Report containing a certification in accordance with paragraph (2) and the information described in paragraph (3). The Director shall submit such Major System Congressional Report and certification not later than 90 days after the date the Director receives the relevant major system cost report under subsection (b) or (c) of [section 3101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3101&num=0&edition=prelim). (2) A certification described by this paragraph with respect to a

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3107

Stored review status: release_metadata_unconfirmed. The source passage cites 50 U.S.C. § 3107. This identifies an authority to review, not proof of applicability.