Sec. 811. DATES FOR SUBMITTAL OF VARIOUS ANNUAL AND SEMIANNUAL REPORTS TO THE CONGRESSIONAL INTELLIGENCE COMMITTEES

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## SEC. 811 DATES FOR SUBMITTAL OF VARIOUS ANNUAL AND SEMIANNUAL REPORTS TO THE CONGRESSIONAL INTELLIGENCE COMMITTEES ###

(a)In General ####

(1)Title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.), as amended by section 311 of this Act, is further amended by adding at the end the following new section: > > ## Sec. 507 “dates for submittal of various annual and semiannual reports to the congressional intelligence committees > > > ###

(a)Annual Reports > > > ####

(1)> > The date for the submittal to the congressional intelligence committees of the following annual reports shall be the date each year provided in subsection (c)(1)(A): > > > ##### “(A) > > The annual evaluation of the performance and responsiveness of certain elements of the intelligence community required by section 105(d). > > > ##### “(B) > > The annual report on intelligence required by section 109. > > > ##### “(C) > > The annual report on intelligence community cooperation with Federal law enforcement agencies required by section 114(a)(2). > > > ##### “(D) > > The annual report on the protection of the identities of covert agents required by section 603. > > > ##### “(E) > > The annual report of the Inspectors Generals of the intelligence community on proposed resources and activities of their offices required by section 8H(g) of the Inspector General Act of 1978. > > > ##### “(F) > > The annual report on commercial activities as security for intelligence collection required by section 437(c) of title 10, United States Code. > > > ##### “(G) > > The annual report on expenditures for postemployment assistance for terminated intelligence employees required by section 1611(e)(2) of title 10, United States Code. > > > ##### “(H) > > The annual update on foreign industrial espionage required by section 809(b) of the Counterintelligence and Security Enhancements Act of 1994 (title VIII of Public Law 103–359; 50 U.S.C. App. 2170b(b)). > > > ##### “(I) > > The annual report on coordination of counterintelligence matters with the Federal Bureau of Investigation required by section 811(c)(6) of the Counterintelligence and Security Enhancements Act of 1994 (50 U.S.C. 402a(c)(6)). > > > ##### “(J) > > The annual report on foreign companies involved in the proliferation of weapons of mass destruction that raise funds in the United States capital markets required by section 827 of the Intelligence Authorization Act for Fiscal Year 2003. > > > ##### “(K) > > The annual report on certifications for immunity in interdiction of aircraft engaged in illicit drug trafficking required by section 1012(c)(2) of the National Defense Authorization Act for Fiscal Year 1995 (22 U.S.C. 2291–4(c)(2)). > > > ##### “(L) > > The annual report on exceptions to consumer disclosure requirements for national security investigations under section 604(b)(4)(E) of the Fair Credit Reporting Act (15 U.S.C. 1681b(b)(4)(E)). > > > ##### “(M) > > 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)). > > > ##### “(N) > > The annual report on hiring and retention of minority employees in the intelligence community required by section 114(c). > > > #### “(2) > > The date for the submittal to the congressional intelligence committees of the following annual reports shall be the date each year provided in subsection (c)(1)(B): > > > ##### “(A) > > The annual report on the safety and security of Russian nuclear facilities and nuclear military forces required by section 114(b). > > > ##### “(B) > > The annual report on the threat of attack on the United States from weapons of mass destruction required by section 114(d). > > > ##### “(C) > > The annual report on covert leases required by section 114(e). > > > ##### “(D) > > The annual report on improvements of the financial statements of the intelligence community for auditing purposes required by section 114A. > > > ##### “(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, United States Code. > > > ##### “(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). > > > ##### “(G) > > The annual report on counterdrug intelligence matters required by section 826 of the Intelligence Authorization Act for Fiscal Year 2003. > > > ### “(b) Semiannual Reports > > The dates for the submittal to the congressional intelligence committees of the following semiannual reports shall be the dates each year provided in subsection (c)(2): > > > #### “(1) > > The periodic reports on intelligence provided to the United Nations required by section 112(b). > > > #### “(2) > > The semiannual reports on the Office of the Inspector General of the Central Intelligence Agency required by section 17(d)(1) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)(1)). > > > #### “(3) > > 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. > > > #### “(4) > > The semiannual reports on the acquisition of technology relating to weapons of mass destruction and advanced conventional munitions required by section 721(b) of the Combatting Proliferation of Weapons of Mass Destruction Act of 1996 (title VII of Public Law 104–293; 50 U.S.C. 2366(b)). > > > #### “(5) > > The semiannual reports on the activities of the Diplomatic Telecommunications Service Program Office (DTS–PO) required by section 322(a)(6)(D)(ii) of the Intelligence Authorization Act for Fiscal Year 2001 (22 U.S.C. 7302(a)(6)(D)(ii)). > > > #### “(6) > > The semiannual reports on the disclosure of information and consumer reports to the Federal Bureau of Investigation for counterintelligence purposes required by section 624(h)(2) of the Fair Credit Reporting Act (15 U.S.C. 1681u(h)(2)). > > > #### “(7) > > The semiannual provision of information on requests for financial information for foreign counterintelligence purposes required by section 1114(a)(5)(C) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(C)). > > > #### “(8) > > The semiannual report on financial intelligence on terrorist assets required by section 118. > > > ### “(c) Submittal Dates for Reports > > > ####

(1)> > > #####

(A)> > Except as provided in subsection (d), each annual report listed in subsection (a)(1) shall be submitted not later than February 1. > > > ##### “(B) > > Except as provided in subsection (d), each annual report listed in subsection (a)(2) shall be submitted not later than December 1. > > > #### “(2) > > Except as provided in subsection (d), each semiannual report listed in subsection

(b)shall be submitted not later than February 1 and August 1. > > > ### “(d) Postponement of Submittal > > > ####

(1)> > Subject to paragraph (3), the date for the submittal of— > > > ##### “(A) > > an annual report listed in subsection (a)(1) may be postponed until March 1; > > > ##### “(B) > > an annual report listed in subsection (a)(2) may be postponed until January 1; and > > > ##### “(C) > > a semiannual report listed in subsection

(b)may be postponed until March 1 or September 1, as the case may be, > > if the official required to submit such report submits to the congressional intelligence committees a written notification of such postponement. > > > #### “(2) > > > #####

(A)> > Notwithstanding any other provision of law and subject to paragraph (3), the date for the submittal to the congressional intelligence committees of any report described in subparagraph

(B)may be postponed by not more than 30 days from the date otherwise specified in the provision of law for the submittal of such report if the official required to submit such report submits to the congressional intelligence committees a written notification of such postponement. > > > ##### “(B) > > A report described in this subparagraph is any report on intelligence or intelligence-related activities of the United States Government 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 provided for the submittal of such report under such paragraph if the official required to submit such report submits to the congressional intelligence committees a written certification that preparation and submittal of such report at such time will impede the work of officers or employees 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.” > . ####

(2)The table of sections for the National Security Act of 1947, as amended by section 311 of this Act, is further amended by inserting after the item relating to section 506 the following new item:" “Sec. 507. Dates for submittal of various annual and semiannual reports to the congressional intelligence committees.” ". ###

(b)Conforming Amendments to Existing Reporting Requirements ####

(1)National security act of 1947 #####

(A)Subsection

(d)of section 105 of the National Security Act of 1947 (50 U.S.C. 403–5) is amended to read as follows: > > ### “(d) Annual Evaluation of Performance and Responsiveness of Certain Elements of Intelligence Community > > > ####

(1)> > Not later each year than the date provided in section 507, the Director shall submit to the congressional intelligence committees the evaluation described in paragraph (3). > > > #### “(2) > > The Director shall submit each year to the Committee on Foreign Intelligence of the National Security Council, and to the Committees on Armed Services and Appropriations of the Senate and House of Representatives, the evaluation described in paragraph (3). > > > #### “(3) > > An evaluation described in this paragraph is an evaluation of the performance and responsiveness of the National Security Agency, the National Reconnaissance Office, and the National Imagery and Mapping Agency in meeting their respective national missions. > > > #### “(4) > > The Director shall submit each evaluation under this subsection in consultation with the Secretary of Defense and the Chairman of the Joint Chiefs of Staff.” > . #####

(B)Section 109 of that Act (50 U.S.C. 404d) is amended— ######

(i)in subsection (a), by striking paragraph

(1)and inserting the following new paragraph (1): > > #### “(1) > > > #####

(A)> > Not later each year than the date provided in section 507, the President shall submit to the congressional intelligence committees a report on the requirements of the United States for intelligence and the activities of the intelligence community. > > > ##### “(B) > > Not later than January 31 each year, and included with the budget of the President for the next fiscal year under section 1105(a) of title 31, United States Code, the President shall submit to the appropriate congressional committees the report described in subparagraph (A).” > ; ######

(ii)in subsection (c), as amended by section 803(a) of the Intelligence Renewal and Reform Act of 1996 (title VIII of Public Law 104–293; 110 Stat. 3475)— ######

(I)in paragraph (1), by striking “The Select Committee on Intelligence, the Committee on Appropriations,” and inserting “The Committee on Appropriations”; and ######

(II)in paragraph (2), by striking “The Permanent Select Committee on Intelligence, the Committee on Appropriations,” and inserting “The Committee on Appropriations”; and ######

(iii)by striking subsection (c), as added by section 304(a) of the Intelligence Authorization Act for Fiscal Year 1994 (Public Law 103–178; 107 Stat. 2034). #####

(C)Section 112(b) of that Act (50 U.S.C. 404g(b)) is amended by adding at the end the following new paragraph: > > #### “(3) > > In the case of periodic reports required to be submitted under the first sentence of paragraph

(1)to the congressional intelligence committees, the submittal dates for such reports shall be as provided in section 507.” > . #####

(D)Section 114 of that Act (50 U.S.C. 404i) is amended— ######

(i)in subsection (a)— ######

(I)in paragraph (1), by striking “the congressional intelligence committees and”; ######

(II)by redesignating paragraphs

(2)and

(3)as paragraphs

(3)and (4), respectively; and ######

(III)by inserting after paragraph

(1)the following new paragraph (2): > > #### “(2) > > Not later each year than the date provided in section 507, the Director shall submit to the congressional intelligence committees the report required to be submitted under paragraph

(1)during the preceding year.” > ; and ######

(ii)in subsection (b)(1), by striking “, on an annual basis” and all that follows through “leadership” and inserting “submit to the congressional leadership on an annual basis, and to the congressional intelligence committees on the date each year provided in section 507,”. #####

(E)Section 603 of that Act (50 U.S.C. 423) is amended— ######

(i)in subsection (a), by adding at the end the following new sentence: “The date for the submittal of the report shall be the date provided in section 507.”; and ######

(ii)in subsection (b), by striking the second sentence. ####

(2)Central intelligence agency act of 1949 Section 17(d)(1) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)(1)) is amended in the second sentence by striking “Within thirty days of receipt of such reports,” and inserting “Not later than the dates each year provided for the transmittal of such reports in section 507 of the National Security Act of 1947,”. ####

(3)Classified information procedures act Section 13 of the Classified Information Procedures Act (18 U.S.C. App.) is amended— #####

(A)by redesignating subsection

(b)as subsection (c); and #####

(B)by inserting after subsection

(a)the following new subsection (b): > > ### “(b) > > In the case of the semiannual reports (whether oral or written) required to be submitted under subsection

(a)to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, the submittal dates for such reports shall be as provided in section 507 of the National Security Act of 1947.” > . ####

(4)Title 10, united states code #####

(A)Section 437 of title 10, United States Code, is amended— ######

(i)in subsection (c), by striking “Not later than” and all that follows through “of Congress” and inserting “Not later each year than the date provided in section 507 of the National Security Act of 1947, the Secretary shall submit to the congressional intelligence committees (as defined in section 3 of that Act (50 U.S.C. 401a))”; and ######

(ii)by striking subsection (d). #####

(B)Section 1611(e) of that title is amended— ######

(i)in paragraph (1), by striking “paragraph (2)” and inserting “paragraph (3)”; ######

(ii)by redesignating paragraph

(2)as paragraph (3); and ######

(iii)by inserting after paragraph

(1)the following new paragraph (2): > > #### “(2) > > In the case of a report required to be submitted under paragraph

(1)to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives, the date for the submittal of such report shall be as provided in section 507 of the National Security Act of 1947.” > . ####

(5)Intelligence authorization acts #####

(A)Section 809 of the Counterintelligence and Security Enhancements Act of 1994 (title VIII of Public Law 103–359; 108 Stat. 3454; 50 U.S.C. App. 2170b) is amended by striking subsection

(b)and inserting the following new subsection (b): > > ### “(b) Annual Update > > > #### “(1) Submittal to congressional intelligence committees > > Not later each year than the date provided in section 507 of the National Security Act of 1947, the President shall submit to the congressional intelligence committees a report updating the information referred to in subsection (a)(1)(D). > > > #### “(2) Submittal to congressional leadership > > Not later than April 14 each year, the President shall submit to the congressional leadership a report updating the information referred to in subsection (a)(1)(D). > > > #### “(3) Definitions > > In this subsection: > > > ##### “(A) Congressional intelligence committees > > The term ‘**congressional intelligence committees**’ has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 401a). > > > ##### “(B) Congressional leadership > > The term ‘**congressional leadership**’ means the Speaker and the minority leader of the House of Representatives and the majority leader and the minority leader of the Senate.” > . #####

(B)Paragraph

(6)of section 811(c) of that Act (50 U.S.C. 402a(c)) is amended to read as follows: > > #### “(6) > > > #####

(A)> > Not later each year than the date provided in section 507 of the National Security Act of 1947, the Director of the Federal Bureau of Investigation shall submit to the congressional intelligence committees (as defined in section 3 of that Act (50 U.S.C. 401a)) a report with respect to compliance with paragraphs

(1)and

(2)during the previous calendar year. > > > ##### “(B) > > Not later than February 1 each year, the Director shall, in accordance with applicable security procedures, submit to the Committees on the Judiciary of the Senate and House of Representatives a report with respect to compliance with paragraphs

(1)and

(2)during the previous calendar year. > > > ##### “(C) > > The Director of the Federal Bureau of Investigation shall submit each report under this paragraph in consultation with the Director of Central Intelligence and the Secretary of Defense.” > . #####

(C)Section 721 of the Combatting Proliferation of Weapons of Mass Destruction Act of 1996 (title VII of Public Law 104–293; 110 Stat. 3474; 50 U.S.C. 2366) is amended— ######

(i)in subsection (a), by striking “Not later than” and all that follows through “the Director” and inserting “The Director”; ######

(ii)by redesignating subsection

(b)as subsection (c); ######

(iii)by inserting after subsection

(a)the following new subsection (b): > > ### “(b) Submittal Dates > > > ####

(1)> > The report required by subsection

(a)shall be submitted each year to the congressional intelligence committees and the congressional leadership on a semiannual basis on the dates provided in section 507 of the National Security Act of 1947. > > > #### “(2) > > In this subsection: > > > ##### “(A) > > The term ‘**congressional intelligence committees**’ has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 401a). > > > ##### “(B) > > The term ‘**congressional leadership**’ means the Speaker and the minority leader of the House of Representatives and the majority leader and the minority leader of the Senate.” > ; and ######

(iv)in subsection (c), as so redesignated, by striking “The reports” and inserting “Each report”. #####

(D)Section 308 of the Intelligence Authorization Act for Fiscal Year 1998 (Public Law 105–107; 111 Stat. 2253; 50 U.S.C. 402a note) is amended— ######

(i)in subsection (a)— ######

(I)by striking “Not later than” and all that follows through “the Director of Central Intelligence” and inserting “The Director of Central Intelligence”; and ######

(II)by inserting “on an annual basis” after “to Congress”; and ######

(ii)by adding at the end the end the following new subsection (c): > > ### “(c) Submittal Date of Report to Leadership of Congressional Intelligence Committees > > The date each year for the submittal to the Chairman and Ranking Member of the Permanent Select Committee on Intelligence of the House of Representatives and the Chairman and Vice Chairman of the Select Committee on Intelligence of the Senate of the report required by subsection

(a)shall be the date provided in section 507 of the National Security Act of 1947.” > . #####

(E)Section 322(a)(6)(D) of the Intelligence Authorization Act for Fiscal Year 2001 (Public Law 106–567; 114 Stat. 2844; 22 U.S.C. 7302(a)(6)(D)) is amended— ######

(i)in clause (i), by striking “Beginning on” and inserting “Except as provided in clause (ii), beginning on”; ######

(ii)by redesignating clause

(ii)as clause (iii); ######

(iii)by inserting after clause

(i)the following new clause (ii): > > ###### “(ii) Submittal date of reports to congressional intelligence committees > > In the case of reports required to be submitted under clause

(i)to the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)), the submittal dates for such reports shall be as provided in section 507 of that Act.” > ; and ######

(iv)in clause (iii), as so redesignated, by striking “report” and inserting “reports”. ####

(6)Public law 103–337 Section 1012(c) of the National Defense Authorization Act for Fiscal Year 1995 (22 U.S.C. 2291–4(c)) is amended— #####

(A)in paragraph (1), by striking “Not later than” and inserting “Except as provided in paragraph (2), not later than”; #####

(B)by redesignating paragraph

(2)as paragraph (3); and #####

(C)by inserting after paragraph

(1)the following new paragraph (2): > > #### “(2) > > In the case of a report required to be submitted under paragraph

(1)to the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)), the submittal date for such report shall be as provided in section 507 of that Act.” > . ####

(7)David l. boren national security education act of 1991 The David L. Boren National Security Education Act of 1991 (title VIII of Public Law 102–183; 50 U.S.C. 1901 et seq.) is amended— #####

(A)in section 806(a) (50 U.S.C. 1906(a))— ######

(i)by inserting “(1)” before “The Secretary”; ######

(ii)in paragraph (1), as so designated, by striking “the Congress” and inserting “the congressional intelligence committees”; ######

(iii)by designating the second sentence as paragraph

(2)and by aligning such paragraph with the paragraph added by clause (v); ######

(iv)in paragraph (2), as so designated, by inserting “submitted to the President” after “The report”; and ######

(v)by adding at the end the following new paragraph (3): > > #### “(3) > > The report submitted to the congressional intelligence committees shall be submitted on the date provided in section 507 of the National Security Act of 1947.” > ; and #####

(B)in section 808 (50 U.S.C. 1908), by adding at the end the following new paragraph (5): > > #### “(5) > > The term ‘**congressional intelligence committees**’ means— > > > ##### “(A) > > the Select Committee on Intelligence of the Senate; and > > > ##### “(B) > > the Permanent Select Committee on Intelligence of the House of Representatives.” > . ####

(8)Fair credit reporting act #####

(A)Section 604(b)(4) of the Fair Credit Reporting Act (15 U.S.C. 1681b(b)(4)) is amended— ######

(i)in subparagraph (D), by striking “Not later than” and inserting “Except as provided in subparagraph (E), not later than”; ######

(ii)by redesignating subparagraph

(E)as subparagraph (F); and ######

(iii)by inserting after subparagraph

(D)the following new subparagraph (E): > > ##### “(E) Reports to congressional intelligence committees > > In the case of a report to be submitted under subparagraph

(D)to the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)), the submittal date for such report shall be as provided in section 507 of that Act.” > . #####

(B)Section 625(h) of that Act (15 U.S.C. 1681u(h)) is amended— ######

(i)by inserting “(1)” before “On a semiannual basis,”; and ######

(ii)by adding at the end the following new paragraph: > > #### “(2) > > In the case of the semiannual reports required to be submitted under paragraph

(1)to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, the submittal dates for such reports shall be as provided in section 507 of the National Security Act of 1947.” > . ####

(9)Right to financial privacy act of 1978 Section 1114(a)(5)(C) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(C)) is amended by striking “On a semiannual” and all that follows through “the Senate” and inserting “On the dates provided in section 507 of the National Security Act of 1947, the Attorney General shall fully inform the congressional intelligence committees (as defined in section 3 of that Act (50 U.S.C. 401a))”. ## Subtitle C Recurring Annual Reports

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