50 U.S.C. § 3107 — Certification of compliance with oversight

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-