Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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description: "Congressional declaration of purpose"
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title_number: 50
title_name: "WAR AND NATIONAL DEFENSE"
chapter_number: "44"
chapter_name: "NATIONAL SECURITY"
section: "3002"
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# 50 U.S.C. § 3002 - Congressional declaration of purpose
## Text
In enacting this chapter, it is the intent of Congress to provide a comprehensive program for the future security of the United States; to provide for the establishment of integrated policies and procedures for the departments, agencies, and functions of the Government relating to the national security; to provide a Department of Defense, including the three military Departments of the Army, the Navy (including naval aviation and the United States Marine Corps), and the Air Force under the direction, authority, and control of the Secretary of Defense; to provide that each military department shall be separately organized under its own Secretary and shall function under the direction, authority, and control of the Secretary of Defense; to provide for their unified direction under civilian control of the Secretary of Defense but not to merge these departments or services; to provide for the establishment of unified or specified combatant commands, and a clear and direct line of command to such commands; to eliminate unnecessary duplication in the Department of Defense, and particularly in the field of research and engineering by vesting its overall direction and control in the Secretary of Defense; to provide more effective, efficient, and economical administration in the Department of Defense; to provide for the unified strategic direction of the combatant forces, for their operation under unified command, and for their integration into an efficient team of land, naval, and air forces but not to establish a single Chief of Staff over the armed forces nor an overall armed forces general staff.
(July 26, 1947, ch. 343, § 2, 61 Stat. 496; Aug. 10, 1949, ch. 412, § 2, 63 Stat. 579; Pub. L. 85599, § 2, Aug. 6, 1958, 72 Stat. 514.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this legislation”, meaning act July 26, 1947, ch. 343, 61 Stat. 495, known as the National Security Act of 1947, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables.
Codification Section was formerly classified to section 401 of this title prior to editorial reclassification and renumbering as this section.
Amendments1958—Pub. L. 85599 amended section generally, and, among other changes, provided that each military department shall be separately organized, instead of separately administered, under its own Secretary and shall function under the direction, authority, and control of the Secretary of Defense, and inserted provisions relating to establishment of unified or specified combatant commands and for elimination of unnecessary duplication. 1949—Act Aug. 10, 1949, provided that the military departments shall be separately administered but be under the direction of the Secretary of Defense, and that there shall not be a single Chief of Staff over the armed forces nor an armed forces general staff.
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# 50 U.S.C. § 3004 - Definitions of military departments
## Text
(a) The term “Department of the Army” as used in this chapter shall be construed to mean the Department of the Army at the seat of the government and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Department of the Army.
(b) The term “Department of the Navy” as used in this chapter shall be construed to mean the Department of the Navy at the seat of the government; the headquarters, United States Marine Corps; the entire operating forces of the United States Navy, including naval aviation, and of the United States Marine Corps, including the reserve components of such forces; all field activities, headquarters, forces, bases, installations, activities, and functions under the control or supervision of the Department of the Navy; and the United States Coast Guard when operating as a part of the Navy pursuant to law.
(c) The term “Department of the Air Force” as used in this chapter shall be construed to mean the Department of the Air Force at the seat of the government and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Department of the Air Force.
(July 26, 1947, ch. 343, title II, §§ 205(b), 206, 207, formerly §§ 205(c), 206(a), 207(c), 61 Stat. 501, 502; renumbered §§ 205(b), 206, 207, Pub. L. 11692, div. E, title LXVII, § 6742(b)(7)(9), Dec. 20, 2019, 133 Stat. 2240.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, 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 chapter. For complete classification of this Act to the Code, see Tables.
Codification A former section 205(b) of act July 26, 1947, ch. 343, title II, 61 Stat. 501, which deemed laws, orders, and regulations applicable to the Department of War to be applicable to the newly designated Department of the Army, was classified to section 1811(b) of former Title 5, Executive Departments and Government Officers and Employees, prior to being omitted from the Code upon the enactment of Title 10, Armed Forces, by act Aug. 10, 1956. Section 205(b) of act July 26, 1947, was subsequently redesignated as section 205(a) of that Act by Pub. L. 11692, div. E, title LXVII, § 6742(b)(7), Dec. 20, 2019, 133 Stat. 2240. Section was formerly classified to section 409 of this title prior to editorial reclassification and renumbering as this section, and to section 1712 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89554, § 1, Sept. 6, 1966, 80 Stat. 378. Prior to the enactment of Title 10, Armed Forces, by act Aug. 10, 1956, subsecs. (a), (b), and (c) of this section were classified to sections 1811(c), 411a(a), and 626(c), respectively, of former Title 5.
Statutory Notes and Related Subsidiaries
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
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# 50 U.S.C. § 3005 - Department of Defense
## Text
Except to the extent inconsistent with the provisions of this chapter or other provisions of law, the provisions of title 5 shall be applicable to the Department of Defense.
(July 26, 1947, ch. 343, title II, § 201, as added Pub. L. 11692, div. E, title LXVII, § 6742(b)(6), Dec. 20, 2019, 133 Stat. 2240.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, 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 chapter. For complete classification of this Act to the Code, see Tables.
Codification Section 6742(b)(6) of Pub. L. 11692, which directed the general amendment of section 201 of act July 26, 1947, ch. 343, was executed by adding a new section 201 to the Act and classifying it to this section, in light of the repeal of former section 201 by Pub. L. 87651, § 307, Sept. 7, 1962, 76 Stat. 526.
Prior ProvisionsA prior section 3005, act July 26, 1947, ch. 343, title II, § 201(d), as added Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579, which applied the provisions of title 4 of the Revised Statutes to the Department of Defense, except to the extent inconsistent with the provisions of this chapter, was technically repealed by Pub. L. 87651, § 307, Sept. 7, 1962, 76 Stat. 526, but continued to be set out as this section prior to the enactment of Pub. L. 11692. A prior section 201 of act July 26, 1947, ch. 343, title II, as added Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579, which established the Department of Defense as an Executive Department and established within it the various military departments, consisted of subsecs. (a) and (b), classified to section 171 of former Title 5, Executive Departments and Government Officers and Employees; subsec. (c), classified to section 1 of former Title 5; and subsec. (d), classified first to section 1711 of former Title 5, then to section 408 of this title, and finally to this section (see note above). Section 201 was repealed by Pub. L. 87651, § 307, Sept. 7, 1962, 76 Stat. 526.
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# 50 U.S.C. § 3006 - Transferred
## Notes
Editorial Notes
Codification Section, act July 26, 1947, ch. 343, title III, § 312, formerly title IV, § 411, as added Aug. 10, 1949, ch. 412, § 11, 63 Stat. 590; renumbered title III, § 312, Pub. L. 11692, div. E, title LXVII, § 6742(b)(11), Dec. 20, 2019, 133 Stat. 2240, which related to repealing and savings provisions, was transferred to section 3078 of this title.
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# 50 U.S.C. § 3022 - Joint Intelligence Community Council
## Text
(a) Joint Intelligence Community Council There is a Joint Intelligence Community Council.
(b) Membership The Joint Intelligence Community Council shall consist of the following:
(1) The Director of National Intelligence, who shall chair the Council.
(2) The Secretary of State.
(3) The Secretary of the Treasury.
(4) The Secretary of Defense.
(5) The Attorney General.
(6) The Secretary of Energy.
(7) The Secretary of Homeland Security.
(8) Such other officers of the United States Government as the President may designate from time to time.
(c) Functions The Joint Intelligence Community Council shall assist the Director of National Intelligence in developing and implementing a joint, unified national intelligence effort to protect national security by—
(1) advising the Director on establishing requirements, developing budgets, financial management, and monitoring and evaluating the performance of the intelligence community, and on such other matters as the Director may request; and
(2) ensuring the timely execution of programs, policies, and directives established or developed by the Director.
(d) Meetings The Director of National Intelligence shall convene meetings of the Joint Intelligence Community Council as the Director considers appropriate.
(e) Advice and opinions of members other than Chairman (1) A member of the Joint Intelligence Community Council (other than the Chairman) may submit to the Chairman advice or an opinion in disagreement with, or advice or an opinion in addition to, the advice presented by the Director of National Intelligence to the President or the National Security Council, in the role of the Chairman as Chairman of the Joint Intelligence Community Council. If a member submits such advice or opinion, the Chairman shall present the advice or opinion of such member at the same time the Chairman presents the advice of the Chairman to the President or the National Security Council, as the case may be.
(2) The Chairman shall establish procedures to ensure that the presentation of the advice of the Chairman to the President or the National Security Council is not unduly delayed by reason of the submission of the individual advice or opinion of another member of the Council.
(f) Recommendations to Congress Any member of the Joint Intelligence Community Council may make such recommendations to Congress relating to the intelligence community as such member considers appropriate.
(July 26, 1947, ch. 343, title I, § 101A, as added Pub. L. 108458, title I, § 1031, Dec. 17, 2004, 118 Stat. 3677; amended Pub. L. 11692, div. E, title LXIII, § 6311(a), Dec. 20, 2019, 133 Stat. 2191.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 4021 of this title prior to editorial reclassification and renumbering as this section.
Amendments2019—Subsec. (d). Pub. L. 11692 struck out “regular” before “meetings” and inserted “as the Director considers appropriate” after “Council”.
Statutory Notes and Related Subsidiaries
Effective DateFor Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
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# 50 U.S.C. § 3023 - Director of National Intelligence
## Text
(a) Director of National Intelligence (1) There is a Director of National Intelligence who shall be appointed by the President, by and with the advice and consent of the Senate. Any individual nominated for appointment as Director of National Intelligence shall have extensive national security expertise.
(2) The Director of National Intelligence shall not be located within the Executive Office of the President.
(b) Principal responsibility Subject to the authority, direction, and control of the President, the Director of National Intelligence shall—
(1) serve as head of the intelligence community;
(2) act as the principal adviser to the President, to the National Security Council, and the Homeland Security Council for intelligence matters related to the national security; and
(3) consistent with section 1018 of the National Security Intelligence Reform Act of 2004, oversee and direct the implementation of the National Intelligence Program.
(c) Prohibition on dual service The individual serving in the position of Director of National Intelligence shall not, while so serving, also serve as the Director of the Central Intelligence Agency or as the head of any other element of the intelligence community.
(July 26, 1947, ch. 343, title I, § 102, as added Pub. L. 108458, title I, § 1011(a), Dec. 17, 2004, 118 Stat. 3644.)
## Notes
Editorial Notes
References in TextSection 1018 of the National Security Intelligence Reform Act of 2004, referred to in subsec. (b)(3), is section 1018 of Pub. L. 108458, which is set out as a note below.
Codification Section was formerly classified to section 403 of this title prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 102 of act July 26, 1947, ch. 343, title I, as added and amended Pub. L. 104293, title VIII, §§ 805(a), 809(a), 810, 811, Oct. 11, 1996, 110 Stat. 3477, 3481, 3482; Pub. L. 105107, title IV, § 405, Nov. 20, 1997, 111 Stat. 2261; Pub. L. 105272, title III, § 306, Oct. 20, 1998, 112 Stat. 2401, related to Office of the Director of Central Intelligence prior to repeal by Pub. L. 108458, title I, §§ 1011(a), 1097(a), Dec. 17, 2004, 118 Stat. 3643, 3698, effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided. See section 3036 of this title. Another prior section 102 of act July 26, 1947, ch. 343, title I, 61 Stat. 497; act Apr. 4, 1953, ch. 16, 67 Stat. 19; Pub. L. 102496, title VII, § 704, Oct. 24, 1992, 106 Stat. 3189; Pub. L. 10493, title VII, § 701, Jan. 6, 1996, 109 Stat. 977; Pub. L. 104106, div. A, title V, § 570, Feb. 10, 1996, 110 Stat. 353, related to establishment of Central Intelligence Agency and appointment and functions of its Director and Deputy Director prior to repeal by Pub. L. 104293, title VIII, § 805(a), Oct. 11, 1996, 110 Stat. 3477.
Statutory Notes and Related Subsidiaries
Effective DateFor Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Merger of the Foreign Counterintelligence Program and the General Defense Intelligence ProgramPub. L. 113126, title III, § 314, July 7, 2014, 128 Stat. 1399, provided that: “Notwithstanding any other provision of law, the Director of National Intelligence shall carry out the merger of the Foreign Counterintelligence Program into the General Defense Intelligence Program as directed in the classified annex to this Act [see Tables for classification]. The merger shall go into effect no earlier than 30 days after written notification of the merger is provided to the congressional intelligence committees.” [For definition of “congressional intelligence committees” as used in section 314 of Pub. L. 113126, set out above, see section 2 of Pub. L. 113126, set out as a note under section 3003 of this title.]
Presidential Guidelines on Implementation and Preservation of AuthoritiesPub. L. 108458, title I, § 1018, Dec. 17, 2004, 118 Stat. 3670, provided that: “The President shall issue guidelines to ensure the effective implementation and execution within the executive branch of the authorities granted to the Director of National Intelligence by this title [see Tables for classification] and the amendments made by this title, in a manner that respects and does not abrogate the statutory responsibilities of the heads of the departments of the United States Government concerning such departments, including, but not limited to: “(1) the authority of the Director of the Office of Management and Budget; and “(2) the authority of the principal officers of the executive departments as heads of their respective departments, including, but not limited to, under—“(A) section 199 of the Revised Statutes (22 U.S.C. 2651); “(B) title II of the Department of Energy Organization Act (42 U.S.C. 7131 et seq.); “(C) the State Department Basic Authorities Act of 1956 [Act Aug. 1, 1956, ch. 841, see Tables for classification]; “(D) section 102(a) of the Homeland Security Act of 2002 (6 U.S.C. 112(a)); and “(E) sections 301 of title 5, 113(b) and 162(b) of title 10, 503 of title 28, and 301(b) of title 31, United States Code.”
Report on Lessons Learned From Military Operations in IraqPub. L. 108177, title III, § 357, Dec. 13, 2003, 117 Stat. 2621, as amended by Pub. L. 108458, title I, § 1071(g)(3)(A)(vi), Dec. 17, 2004, 118 Stat. 3692, required Director of National Intelligence to submit report to Congress, not later than one year after Dec. 13, 2003, on intelligence lessons learned as a result of Operation Iraqi Freedom.
Central Intelligence Agency Retirement and Disability SystemPub. L. 88643, Oct. 13, 1964, 78 Stat. 1043, as amended by Pub. L. 90539, Sept. 30, 1968, 82 Stat. 902; Pub. L. 91185, Dec. 30, 1969, 83 Stat. 847; Pub. L. 91626, §§ 16, Dec. 31, 1970, 84 Stat. 18721874; Pub. L. 9331, May 8, 1973, 87 Stat. 65; Pub. L. 93210, § 1(a), Dec. 28, 1973, 87 Stat. 908; Pub. L. 94361, title VIII, § 801(b), July 14, 1976, 90 Stat. 929; Pub. L. 94522, title I, §§ 101, 102, title II, §§ 201213, Oct. 17, 1976, 90 Stat. 24672471; Ex. Ord. No. 12273, Jan. 16, 1981, 46 F.R. 5854; Ex. Ord. No. 12326, Sept. 30, 1981, 46 F.R. 48889; Pub. L. 97269, title VI, §§ 602611, Sept. 27, 1982, 96 Stat. 11451148, 11521153; Ex. Ord. No. 12443, Sept. 27, 1983, 48 F.R. 44751; Ex. Ord. No. 12485, July 13, 1984, 49 F.R. 28827; Pub. L. 98618, title III, § 302, Nov. 8, 1984, 98 Stat. 3300; Pub. L. 99169, title VII, § 702, Dec. 4, 1985, 99 Stat. 1008; Pub. L. 99335, title V, §§ 501506, June 6, 1986, 100 Stat. 622624; Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99569, title III, § 302(a), Oct. 27, 1986, 100 Stat. 3192; Pub. L. 100178, title IV, §§ 401(a), 402(a), (b)(1), (2), Dec. 2, 1987, 101 Stat. 10121014; Pub. L. 100453, title III, § 302(a), (b)(1), (c)(1), (d)(1), (2), title V, § 502, Sept. 29, 1988, 102 Stat. 1906, 1907, 1909; Pub. L. 101193, title III, §§ 302304(a), 307(b), Nov. 30, 1989, 103 Stat. 1703, 1707; Pub. L. 10283, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 10288, title III, §§ 302305(a), 306307(b), Aug. 14, 1991, 105 Stat. 431433; Pub. L. 102183, title III, §§ 302(a)(c), 303(a), 304306(b), 307, 309(a), 310(a), Dec. 4, 1991, 105 Stat. 12621266; Pub. L. 102496, title III, § 304(b), Oct. 24, 1992, 106 Stat. 3183, known as the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, was revised generally by Pub. L. 102496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3196. As so revised, Pub. L. 88643, now known as the Central Intelligence Agency Retirement Act, has been transferred to chapter 38 (§ 2001 et seq.) of this title. All notes, Executive orders, and other provisions relating to this Act have been transferred to section 2001 of this title.
Executive Documents
Executive Order No. 10656 Ex. Ord. No. 10656, Feb. 6, 1956, 21 F.R. 859, which established the Presidents Board of Consultants on Foreign Intelligence Activities, was revoked by Ex. Ord. No. 10938, May 4, 1961, 26 F.R. 3951, formerly set out below.
Executive Order No. 10938 Ex. Ord. No. 10938, May 4, 1961, 26 F.R. 3951, which established the Presidents Foreign Intelligence Advisory Board, was revoked by Ex. Ord. No. 11460, Mar. 20, 1969, 34 F.R. 5535, formerly set out below.
Executive Order No. 11460 Ex. Ord. No. 11460, Mar. 20, 1969, 34 F.R. 5535, which established the Presidents Foreign Intelligence Advisory Board, was revoked by Ex. Ord. No. 11984, May 4, 1977, 42 F.R. 23129, set out below.
Ex. Ord. No. 11984. Abolition of Presidents Foreign Intelligence Advisory Board Ex. Ord. No. 11984, May 4, 1977, 42 F.R. 23129, provided: By virtue of the authority vested in me by the Constitution and statutes of the United States of America, and as President of the United States of America, in order to abolish the Presidents Foreign Intelligence Advisory Board, Executive Order No. 11460 of March 20, 1969, is hereby revoked. Jimmy Carter.
Executive Order No. 12331 Ex. Ord. No. 12331, Oct. 20, 1981, 46 F.R. 51705, which established the Presidents Foreign Intelligence Advisory Board, was revoked by Ex. Ord. No. 12537, Oct. 28, 1985, 50 F.R. 45083, formerly set out below.
Executive Order No. 12537 Ex. Ord. No. 12537, Oct. 28, 1985, 50 F.R. 45083, as amended by Ex. Ord. No. 12624, Jan. 6, 1988, 53 F.R. 489, which established the Presidents Foreign Intelligence Advisory Board, was revoked by Ex. Ord. No. 12863, § 3.3, Sept. 13, 1993, 58 F.R. 48441, formerly set out as a note under section 3001 of this title.
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# 50 U.S.C. § 3026 - Deputy Directors of National Intelligence
## Text
(a) Principal Deputy Director of National Intelligence (1) There is a Principal Deputy Director of National Intelligence who shall be appointed by the President, by and with the advice and consent of the Senate.
(2) In the event of a vacancy in the position of Principal Deputy Director of National Intelligence, the Director of National Intelligence shall recommend to the President an individual for appointment as Principal Deputy Director of National Intelligence.
(3) Any individual nominated for appointment as Principal Deputy Director of National Intelligence shall have extensive national security experience and management expertise.
(4) The individual serving as Principal Deputy Director of National Intelligence shall not, while so serving, serve in any capacity in any other element of the intelligence community.
(5) The Principal Deputy Director of National Intelligence shall assist the Director of National Intelligence in carrying out the duties and responsibilities of the Director.
(6) The Principal Deputy Director of National Intelligence shall act for, and exercise the powers of, the Director of National Intelligence during the absence or disability of the Director of National Intelligence or during a vacancy in the position of Director of National Intelligence.
(b) Deputy Directors of National Intelligence (1) There may be not more than four Deputy Directors of National Intelligence who shall be appointed by the Director of National Intelligence.
(2) Each Deputy Director of National Intelligence appointed under this subsection shall have such duties, responsibilities, and authorities as the Director of National Intelligence may assign or are specified by law.
(c) Military status of Director of National Intelligence and Principal Deputy Director of National Intelligence (1) Not more than one of the individuals serving in the positions specified in paragraph (2) may be a commissioned officer of the Armed Forces in active status.
(2) The positions referred to in this paragraph are the following:
(A) The Director of National Intelligence.
(B) The Principal Deputy Director of National Intelligence.
(3) It is the sense of Congress that, under ordinary circumstances, it is desirable that one of the individuals serving in the positions specified in paragraph (2)—
(A) be a commissioned officer of the Armed Forces, in active status; or
(B) have, by training or experience, an appreciation of military intelligence activities and requirements.
(4) A commissioned officer of the Armed Forces, while serving in a position specified in paragraph (2)—
(A) shall not be subject to supervision or control by the Secretary of Defense or by any officer or employee of the Department of Defense;
(B) shall not exercise, by reason of the officers status as a commissioned officer, any supervision or control with respect to any of the military or civilian personnel of the Department of Defense except as otherwise authorized by law; and
(C) shall not be counted against the numbers and percentages of commissioned officers of the rank and grade of such officer authorized for the military department of that officer.
(5) Except as provided in subparagraph (A) or (B) of paragraph (4), the appointment of an officer of the Armed Forces to a position specified in paragraph (2) shall not affect the status, position, rank, or grade of such officer in the Armed Forces, or any emolument, perquisite, right, privilege, or benefit incident to or arising out of such status, position, rank, or grade.
(6) A commissioned officer of the Armed Forces on active duty who is appointed to a position specified in paragraph (2), while serving in such position and while remaining on active duty, shall continue to receive military pay and allowances and shall not receive the pay prescribed for such position. Funds from which such pay and allowances are paid shall be reimbursed from funds available to the Director of National Intelligence.
(July 26, 1947, ch. 343, title I, § 103A, as added Pub. L. 108458, title I, § 1011(a), Dec. 17, 2004, 118 Stat. 3656.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 4033a of this title prior to editorial reclassification and renumbering as this section.
Statutory Notes and Related Subsidiaries
Effective DateFor Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
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# 50 U.S.C. § 3027 - National Intelligence Council
## Text
(a) National Intelligence Council There is a National Intelligence Council.
(b) Composition (1) The National Intelligence Council shall be composed of senior analysts within the intelligence community and substantive experts from the public and private sector, who shall be appointed by, report to, and serve at the pleasure of, the Director of National Intelligence.
(2) The Director shall prescribe appropriate security requirements for personnel appointed from the private sector as a condition of service on the Council, or as contractors of the Council or employees of such contractors, to ensure the protection of intelligence sources and methods while avoiding, wherever possible, unduly intrusive requirements which the Director considers to be unnecessary for this purpose.
(c) Duties and responsibilities (1) The National Intelligence Council shall—
(A) produce national intelligence estimates for the United States Government, including alternative views held by elements of the intelligence community and other information as specified in paragraph (2);
(B) evaluate community-wide collection and production of intelligence by the intelligence community and the requirements and resources of such collection and production; and
(C) otherwise assist the Director of National Intelligence in carrying out the responsibilities of the Director under section 3024 of this title.
(2) The Director of National Intelligence shall ensure that the Council satisfies the needs of policymakers and other consumers of intelligence.
(d) Service as senior intelligence advisers Within their respective areas of expertise and under the direction of the Director of National Intelligence, the members of the National Intelligence Council shall constitute the senior intelligence advisers of the intelligence community for purposes of representing the views of the intelligence community within the United States Government.
(e) Authority to contract Subject to the direction and control of the Director of National Intelligence, the National Intelligence Council may carry out its responsibilities under this section by contract, including contracts for substantive experts necessary to assist the Council with particular assessments under this section.
(f) Staff The Director of National Intelligence shall make available to the National Intelligence Council such staff as may be necessary to permit the Council to carry out its responsibilities under this section.
(g) Availability of Council and staff (1) The Director of National Intelligence shall take appropriate measures to ensure that the National Intelligence Council and its staff satisfy the needs of policymaking officials and other consumers of intelligence.
(2) The Council shall be readily accessible to policymaking officials and other appropriate individuals not otherwise associated with the intelligence community.
(h) Support The heads of the elements of the intelligence community shall, as appropriate, furnish such support to the National Intelligence Council, including the preparation of intelligence analyses, as may be required by the Director of National Intelligence.
(i) National Intelligence Council product For purposes of this section, the term “National Intelligence Council product” includes a National Intelligence Estimate and any other intelligence community assessment that sets forth the judgment of the intelligence community as a whole on a matter covered by such product.
(July 26, 1947, ch. 343, title I, § 103B, as added Pub. L. 108458, title I, § 1011(a), Dec. 17, 2004, 118 Stat. 3657.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 4033b of this title prior to editorial reclassification and renumbering as this section.
Statutory Notes and Related Subsidiaries
Effective DateFor Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
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# 50 U.S.C. § 3028 - General Counsel
## Text
(a) General Counsel There is a General Counsel of the Office of the Director of National Intelligence who shall be appointed by the President, by and with the advice and consent of the Senate.
(b) Prohibition on dual service as General Counsel of another agency The individual serving in the position of General Counsel may not, while so serving, also serve as the General Counsel of any other department, agency, or element of the United States Government.
(c) Scope of position The General Counsel is the chief legal officer of the Office of the Director of National Intelligence.
(d) Functions The General Counsel shall perform such functions as the Director of National Intelligence may prescribe.
(July 26, 1947, ch. 343, title I, § 103C, as added Pub. L. 108458, title I, § 1011(a), Dec. 17, 2004, 118 Stat. 3658.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 4033c of this title prior to editorial reclassification and renumbering as this section.
Statutory Notes and Related Subsidiaries
Effective DateFor Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
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# 50 U.S.C. § 3029 - Civil Liberties Protection Officer
## Text
(a) Civil Liberties Protection Officer (1) Within the Office of the Director of National Intelligence, there is a Civil Liberties Protection Officer who shall be appointed by the Director of National Intelligence.
(2) The Civil Liberties Protection Officer shall report directly to the Director of National Intelligence.
(b) Duties The Civil Liberties Protection Officer shall—
(1) ensure that the protection of civil liberties and privacy is appropriately incorporated in the policies and procedures developed for and implemented by the Office of the Director of National Intelligence and the elements of the intelligence community within the National Intelligence Program;
(2) oversee compliance by the Office and the Director of National Intelligence with requirements under the Constitution and all laws, regulations, Executive orders, and implementing guidelines relating to civil liberties and privacy;
(3) review and assess complaints and other information indicating possible abuses of civil liberties and privacy in the administration of the programs and operations of the Office and the Director of National Intelligence and, as appropriate, investigate any such complaint or information;
(4) ensure that the use of technologies sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personal information;
(5) ensure that personal information contained in a system of records subject to section 552a of title 5 (popularly referred to as the “Privacy Act”), is handled in full compliance with fair information practices as set out in that section;
(6) conduct privacy impact assessments when appropriate or as required by law; and
(7) perform such other duties as may be prescribed by the Director of National Intelligence or specified by law.
(c) Use of agency Inspectors General When appropriate, the Civil Liberties Protection Officer may refer complaints to the Office of Inspector General having responsibility for the affected element of the department or agency of the intelligence community to conduct an investigation under paragraph (3) of subsection (b).
(July 26, 1947, ch. 343, title I, § 103D, as added Pub. L. 108458, title I, § 1011(a), Dec. 17, 2004, 118 Stat. 3658.)
## Notes
Editorial Notes
References in TextThe Privacy Act, referred to in subsec. (b)(5), probably means the Privacy Act of 1974, Pub. L. 93579, Dec. 31, 1974, 88 Stat. 1896, which enacted section 552a of Title 5, Government Organization and Employees, and provisions set out as notes under section 552a of Title 5. For complete classification of this Act to the Code, see Short Title of 1974 Amendment note set out under section 552a of Title 5 and Tables.
Codification Section was formerly classified to section 4033d of this title prior to editorial reclassification and renumbering as this section.
Statutory Notes and Related Subsidiaries
Effective DateFor Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
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# 50 U.S.C. § 3030 - Director of Science and Technology
## Text
(a) Director of Science and Technology There is a Director of Science and Technology within the Office of the Director of National Intelligence who shall be appointed by the Director of National Intelligence.
(b) Requirement relating to appointment An individual appointed as Director of Science and Technology shall have a professional background and experience appropriate for the duties of the Director of Science and Technology. In making such appointment, the Director of National Intelligence may give preference to an individual with experience outside of the United States Government.
(c) Duties The Director of Science and Technology shall—
(1) act as the chief representative of the Director of National Intelligence for science and technology;
(2) chair the Director of National Intelligence Science and Technology Committee under subsection (d);
(3) assist the Director in formulating a long-term strategy for scientific advances in the field of intelligence;
(4) assist the Director on the science and technology elements of the budget of the Office of the Director of National Intelligence; and
(5) perform other such duties as may be prescribed by the Director of National Intelligence or specified by law.
(d) Director of National Intelligence Science and Technology Committee (1) There is within the Office of the Director of Science and Technology a Director of National Intelligence Science and Technology Committee.
(2) The Committee shall be composed of the principal science officers of the National Intelligence Program.
(3) The Committee shall—
(A) coordinate advances in research and development related to intelligence; and
(B) perform such other functions as the Director of Science and Technology shall prescribe.
(July 26, 1947, ch. 343, title I, § 103E, as added Pub. L. 108458, title I, § 1011(a), Dec. 17, 2004, 118 Stat. 3659; amended Pub. L. 117263, div. F, title LXVII, § 6703(b), Dec. 23, 2022, 136 Stat. 3562.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 4033e of this title prior to editorial reclassification and renumbering as this section.
Amendments2022—Subsec. (b). Pub. L. 117263 inserted at end “In making such appointment, the Director of National Intelligence may give preference to an individual with experience outside of the United States Government.”
Statutory Notes and Related Subsidiaries
Effective DateFor Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Emerging Technology AdoptionPub. L. 117263, div. F, title LXVII, § 6703(a), Dec. 23, 2022, 136 Stat. 3562, provided that: “The Director of Science and Technology may— “(1) conduct reviews of the policies, standards, and procedures of the intelligence community that relate to emerging technologies and, as appropriate, recommend to the Director of National Intelligence changes to such policies, standards, and procedures, to accelerate and increase the adoption of emerging technologies by the intelligence community; “(2) make recommendations, in coordination with the heads of the elements of the intelligence community, to the Director of National Intelligence with respect to the budgets of such elements, to accelerate and increase the adoption of emerging technologies by such elements; and “(3) coordinate with the Under Secretary of Defense for Research and Engineering on initiatives, policies, and programs carried out jointly between the intelligence community and the Department of Defense to accelerate and increase the adoption of emerging technologies.” [For definition of “intelligence community” as used in section 6703(a) of Pub. L. 117263, set out above, see section 6002 of Pub. L. 117263, set out as a note under section 3003 of this title.] [For definition of “emerging technology” as used in section 6703(a) of Pub. L. 117263, set out above, see section 6701 of Pub. L. 117263, set out as a note under section 3024 of this title.]
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# 50 U.S.C. § 3031 - Director of the National Counterintelligence and Security Center
## Text
(a) Director of the National Counterintelligence and Security Center The Director of the National Counterintelligence and Security Center appointed under section 902 of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3382) is a component of the Office of the Director of National Intelligence.
(b) Duties The Director of the National Counterintelligence and Security Center shall perform the duties provided in the Counterintelligence Enhancement Act of 2002 and such other duties as may be prescribed by the Director of National Intelligence or specified by law.
(July 26, 1947, ch. 343, title I, § 103F, as added Pub. L. 108458, title I, § 1011(a), Dec. 17, 2004, 118 Stat. 3660; amended Pub. L. 11531, div. N, title IV, § 401(e)(1), May 5, 2017, 131 Stat. 819.)
## Notes
Editorial Notes
References in TextThe Counterintelligence Enhancement Act of 2002, referred to in subsec. (b), is title IX of Pub. L. 107306, Nov. 27, 2002, 116 Stat. 2432. For complete classification of this Act to the Code, see Tables.
Codification Section was formerly classified to section 4033f of this title prior to editorial reclassification and renumbering as this section.
AmendmentsPub. L. 11531, § 401(e)(1)(A), substituted “Director of the National Counterintelligence and Security Center” for “National Counterintelligence Executive” in section catchline. Subsec. (a). Pub. L. 11531, § 401(e)(1)(B), substituted “Director of the National Counterintelligence and Security Center” for “National Counterintelligence Executive” in heading and “Director of the National Counterintelligence and Security Center appointed under section 902 of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3382)” for “National Counterintelligence Executive under section 902 of the Counterintelligence Enhancement Act of 2002” in text. Subsec. (b). Pub. L. 11531, § 401(e)(1)(C), substituted “Director of the National Counterintelligence and Security Center” for “National Counterintelligence Executive”.
Statutory Notes and Related Subsidiaries
Effective DateFor Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
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# 50 U.S.C. § 3032 - Chief Information Officer
## Text
(a) Chief Information Officer To assist the Director of National Intelligence in carrying out the responsibilities of the Director under this chapter and other applicable provisions of law, there shall be within the Office of the Director of National Intelligence a Chief Information Officer of the Intelligence Community who shall be appointed by the Director. The Chief Information Officer shall report directly to the Director of National Intelligence.
(b) Duties and responsibilities Subject to the direction of the Director of National Intelligence, the Chief Information Officer of the Intelligence Community shall—
(1) manage activities relating to the information technology infrastructure and enterprise architecture requirements of the intelligence community;
(2) have procurement approval authority over all information technology items related to the enterprise architectures of all intelligence community components;
(3) direct and manage all information technology-related procurement for the intelligence community; and
(4) ensure that all expenditures for information technology and research and development activities are consistent with the intelligence community enterprise architecture and the strategy of the Director for such architecture.
(c) Prohibition on simultaneous service as other chief information officer An individual serving in the position of Chief Information Officer of the Intelligence Community may not, while so serving, serve as the chief information officer of any other department or agency, or component thereof, of the United States Government.
(d) Prohibition on simultaneous service as Chief Data Officer and Chief Information Officer An individual serving in the position of Chief Information Officer of the Intelligence Community or chief information officer of any other element of the intelligence community shall not concurrently serve as the Intelligence Community Chief Data Officer under section 3034b of this title and as the chief data officer of any other element of the intelligence community.
(July 26, 1947, ch. 343, title I, § 103G, as added Pub. L. 108487, title III, § 303(a)(1), Dec. 23, 2004, 118 Stat. 3944; amended Pub. L. 111259, title IV, § 404, Oct. 7, 2010, 124 Stat. 2709; Pub. L. 11692, div. E, title LXIII, § 6304, title LXIV, § 6405, Dec. 20, 2019, 133 Stat. 2188, 2196; Pub. L. 11831, div. G, title III, § 7310(a), Dec. 22, 2023, 137 Stat. 1028.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (a), 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 chapter. For complete classification of this Act to the Code, see Tables.
Codification Section was formerly classified to section 4033g of this title prior to editorial reclassification and renumbering as this section.
Amendments2023—Subsec. (d). Pub. L. 11831 added subsec. (d). 2019—Subsec. (a). Pub. L. 11692, § 6405, inserted at end “The Chief Information Officer shall report directly to the Director of National Intelligence.” Pub. L. 11692, § 6304, substituted “by the Director” for “by the President”. 2010—Subsec. (a). Pub. L. 111259, § 404(1), inserted “of the Intelligence Community” after “Chief Information Officer” and substituted “President.” for “President, by and with the advice and consent of the Senate.” Subsecs. (b) to (d). Pub. L. 111259, § 404(2)(4), redesignated subsecs. (c) and (d) as (b) and (c), respectively, inserted “of the Intelligence Community” after “Chief Information Officer” in two places, and struck out former subsec. (b). Text of former subsec. (b) read as follows: “The Chief Information Officer shall serve as the chief information officer of the intelligence community.”
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 108487, title III, § 303(b), Dec. 23, 2004, 118 Stat. 3944, provided that: “The amendments made by this section [enacting this section] shall take effect on the effective date of the National Security Intelligence Reform Act of 2004 [see section 1097 of Pub. L. 108458, set out in an Effective Date of 2004 Amendment; Transfer, Termination, and Transition Provisions note under section 3001 of this title], as provided in section 801 of this Act [set out in an Effective Date of 2004 Amendments note under section 2656f of Title 22, Foreign Relations and Intercourse].”
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# 50 U.S.C. § 3033 - Inspector General of the Intelligence Community
## Text
(a) Office of Inspector General of the Intelligence Community There is within the Office of the Director of National Intelligence an Office of the Inspector General of the Intelligence Community.
(b) Purpose The purpose of the Office of the Inspector General of the Intelligence Community is—
(1) to create an objective and effective office, appropriately accountable to Congress, to initiate and conduct independent investigations, inspections, audits, and reviews on programs and activities within the responsibility and authority of the Director of National Intelligence;
(2) to provide leadership and coordination and recommend policies for activities designed—
(A) to promote economy, efficiency, and effectiveness in the administration and implementation of such programs and activities; and
(B) to prevent and detect fraud and abuse in such programs and activities;
(3) to provide a means for keeping the Director of National Intelligence fully and currently informed about—
(A) problems and deficiencies relating to the administration of programs and activities within the responsibility and authority of the Director of National Intelligence; and
(B) the necessity for, and the progress of, corrective actions; and
(4) in the manner prescribed by this section, to ensure that the congressional intelligence committees are kept similarly informed of—
(A) significant problems and deficiencies relating to programs and activities within the responsibility and authority of the Director of National Intelligence; and
(B) the necessity for, and the progress of, corrective actions.
(c) Inspector General of the Intelligence Community (1) There is an Inspector General of the Intelligence Community, who shall be the head of the Office of the Inspector General of the Intelligence Community, who shall be appointed by the President, by and with the advice and consent of the Senate.
(2) The nomination of an individual for appointment as Inspector General shall be made—
(A) without regard to political affiliation;
(B) on the basis of integrity, compliance with security standards of the intelligence community, and prior experience in the field of intelligence or national security; and
(C) on the basis of demonstrated ability in accounting, financial analysis, law, management analysis, public administration, or investigations.
(3) The Inspector General shall report directly to and be under the general supervision of the Director of National Intelligence.
(4) (A) The Inspector General may be removed from office only by the President. The President shall communicate in writing to the congressional intelligence committees the substantive rationale, including detailed and case-specific reasons, for the removal not later than 30 days prior to the effective date of such removal. Nothing in this paragraph shall be construed to prohibit a personnel action otherwise authorized by law, other than transfer or removal.
(B) If there is an open or completed inquiry into the Inspector General that relates to the removal or transfer of the Inspector General under subparagraph (A), the written communication required under that subparagraph shall—
(i) identify each entity that is conducting, or that conducted, the inquiry; and
(ii) in the case of a completed inquiry, contain the findings made during the inquiry.
(5) (A) Subject to the other provisions of this paragraph, only the President may place the Inspector General on nonduty status.
(B) If the President places the Inspector General on nonduty status, the President shall communicate in writing the substantive rationale, including detailed and case-specific reasons, for the change in status to the congressional intelligence committees not later than 15 days before the date on which the change in status takes effect, except that the President may submit that communication not later than the date on which the change in status takes effect if—
(i) the President has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title 5; and
(ii) in the communication, the President includes a report on the determination described in clause (i), which shall include—
(I) a specification of which clause of section 6329b(b)(2)(A) of title 5 the President has determined applies under clause (i);
(II) the substantive rationale, including detailed and case-specific reasons, for the determination made under clause (i);
(III) an identification of each entity that is conducting, or that conducted, any inquiry upon which the determination under clause (i) was made; and
(IV) in the case of an inquiry described in subclause (III) that is completed, the findings made during that inquiry.
(C) The President may not place the Inspector General on nonduty status during the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph (4)(A) unless the President—
(i) has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title 5; and
(ii) not later than the date on which the change in status takes effect, submits to the congressional intelligence committees a written communication that contains the information required under subparagraph (B), including the report required under clause (ii) of that subparagraph.
(6) (A) In this subsection, the term “first assistant to the position of Inspector General” has the meaning given in section 3 of the Inspector General Act of 1978 (5 U.S.C. App.).11 See References in Text note below.
(B) If the Inspector General dies, resigns, or is otherwise unable to perform the functions and duties of the position—
(i) section 3345(a) of title 5 and section 3025(e) of this title shall not apply;
(ii) subject to subparagraph (D), the first assistant to the position of Inspector General shall perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of section 3346 of title 5; and
(iii) notwithstanding clause (ii), and subject to subparagraphs (D) and (E), the President (and only the President) may direct an officer or employee of any Office of an Inspector General to perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of section 3346 of title 5 only if—
(I) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the Inspector General, the officer or employee served in a position in an Office of an Inspector General for not less than 90 days, except that—
(aa) the requirement under this subclause shall not apply if the officer is an Inspector General; and
(bb) for the purposes of this clause, performing the functions and duties of an Inspector General temporarily in an acting capacity does not qualify as service in a position in an Office of an Inspector General;
(II) the rate of pay for the position of the officer or employee described in subclause (I) is equal to or greater than the minimum rate of pay payable for a position at GS15 of the General Schedule;
(III) the officer or employee has demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations; and
(IV) not later than 30 days before the date on which the direction takes effect, the President communicates in writing to the congressional intelligence committees the substantive rationale, including the detailed and case-specific reasons, for such direction, including the reason for the direction that someone other than the individual who is performing the functions and duties of the Inspector General temporarily in an acting capacity (as of the date on which the President issues that direction) perform those functions and duties temporarily in an acting capacity.
(C) Notwithstanding section 3345(a) of title 5, section 3025(e) of this title, and clauses (ii) and (iii) of subparagraph (B), and subject to subparagraph (D), during any period in which the Inspector General is on nonduty status—
(i) the first assistant to the position of Inspector General shall perform the functions and duties of the position temporarily in an acting capacity subject to the time limitations of section 3346 of title 5; and
(ii) if the first assistant described in clause (i) dies, resigns, or becomes otherwise unable to perform those functions and duties, the President (and only the President) may direct an officer or employee in the Office of Inspector General to perform those functions and duties temporarily in an acting capacity, subject to the time limitations of section 3346 of title 5, if—
(I) that direction satisfies the requirements under subclauses (II), (III), and (IV) of subparagraph (B)(iii); and
(II) that officer or employee served in a position in that Office of Inspector General for not fewer than 90 of the 365 days preceding the date on which the President makes that direction.
(D) An individual may perform the functions and duties of the Inspector General temporarily and in an acting capacity under clause (ii) or (iii) of subparagraph (B), or under subparagraph (C), with respect to only 1 Inspector General position at any given time.
(E) If the President makes a direction under subparagraph (B)(iii), during the 30-day period preceding the date on which the direction of the President takes effect, the functions and duties of the position of the Inspector General shall be performed by—
(i) the first assistant to the position of Inspector General; or
(ii) the individual performing those functions and duties temporarily in an acting capacity, as of the date on which the President issues that direction, if that individual is an individual other than the first assistant to the position of Inspector General.
(d) Assistant Inspectors General Subject to the policies of the Director of National Intelligence, the Inspector General of the Intelligence Community shall—
(1) appoint an Assistant Inspector General for Audit who shall have the responsibility for supervising the performance of auditing activities relating to programs and activities within the responsibility and authority of the Director;
(2) appoint an Assistant Inspector General for Investigations who shall have the responsibility for supervising the performance of investigative activities relating to such programs and activities; and
(3) appoint other Assistant Inspectors General that, in the judgment of the Inspector General, are necessary to carry out the duties of the Inspector General.
(e) Duties and responsibilities It shall be the duty and responsibility of the Inspector General of the Intelligence Community—
(1) to provide policy direction for, and to plan, conduct, supervise, and coordinate independently, the investigations, inspections, audits, and reviews relating to programs and activities within the responsibility and authority of the Director of National Intelligence;
(2) to keep the Director of National Intelligence fully and currently informed concerning violations of law and regulations, fraud, and other serious problems, abuses, and deficiencies relating to the programs and activities within the responsibility and authority of the Director, to recommend corrective action concerning such problems, and to report on the progress made in implementing such corrective action;
(3) to take due regard for the protection of intelligence sources and methods in the preparation of all reports issued by the Inspector General, and, to the extent consistent with the purpose and objective of such reports, take such measures as may be appropriate to minimize the disclosure of intelligence sources and methods described in such reports; and
(4) in the execution of the duties and responsibilities under this section, to comply with generally accepted government auditing.
(f) Limitations on activities (1) The Director of National Intelligence may prohibit the Inspector General of the Intelligence Community from initiating, carrying out, or completing any investigation, inspection, audit, or review if the Director determines that such prohibition is necessary to protect vital national security interests of the United States.
(2) Not later than seven days after the date on which the Director exercises the authority under paragraph (1), the Director shall submit to the congressional intelligence committees an appropriately classified statement of the reasons for the exercise of such authority.
(3) The Director shall advise the Inspector General at the time a statement under paragraph (2) is submitted, and, to the extent consistent with the protection of intelligence sources and methods, provide the Inspector General with a copy of such statement.
(4) The Inspector General may submit to the congressional intelligence committees any comments on the statement of which the Inspector General has notice under paragraph (3) that the Inspector General considers appropriate.
(g) Authorities (1) The Inspector General of the Intelligence Community shall have direct and prompt access to the Director of National Intelligence when necessary for any purpose pertaining to the performance of the duties of the Inspector General.
(2) (A) The Inspector General shall, subject to the limitations in subsection (f), make such investigations and reports relating to the administration of the programs and activities within the authorities and responsibilities of the Director as are, in the judgment of the Inspector General, necessary or desirable.
(B) The Inspector General shall have access to any employee, or any employee of a contractor, of any element of the intelligence community needed for the performance of the duties of the Inspector General.
(C) The Inspector General shall have direct access to all records, reports, audits, reviews, documents, papers, recommendations, or other materials that relate to the programs and activities with respect to which the Inspector General has responsibilities under this section.
(D) The level of classification or compartmentation of information shall not, in and of itself, provide a sufficient rationale for denying the Inspector General access to any materials under subparagraph (C).
(E) The Director, or on the recommendation of the Director, another appropriate official of the intelligence community, shall take appropriate administrative actions against an employee, or an employee of a contractor, of an element of the intelligence community that fails to cooperate with the Inspector General. Such administrative action may include loss of employment or the termination of an existing contractual relationship.
(3) (A) The Inspector General is authorized to receive and investigate, pursuant to subsection (h), complaints or information from any person concerning the existence of an activity within the authorities and responsibilities of the Director of National Intelligence constituting a violation of laws, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to the public health and safety. Once such complaint or information has been received from an employee of the intelligence community—
(i) the Inspector General shall not disclose the identity of the employee without the consent of the employee, unless the Inspector General determines that such disclosure is unavoidable during the course of the investigation or the disclosure is made to an official of the Department of Justice responsible for determining whether a prosecution should be undertaken, and this provision shall qualify as a withholding statute pursuant to subsection (b)(3) of section 552 of title 5 (commonly known as the “Freedom of Information Act”); and
(ii) no action constituting a reprisal, or threat of reprisal, for making such complaint or disclosing such information to the Inspector General may be taken by any employee in a position to take such actions, unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.
(B) (i) An individual may disclose classified information to the Inspector General in accordance with the applicable security standards and procedures established under section 3024 or 3162a of this title, chapter 12 of the Atomic Energy Act of 1954 (42 U.S.C. 2161 et seq.), Executive Order 13526 (50 U.S.C. 3161 note; relating to Classified National Security Information), or any applicable provision of law.
(ii) A disclosure under clause (i) of classified information made by an individual without appropriate clearance or authority to access such classified information at the time of the disclosure, but that is otherwise made in accordance with applicable security standards and procedures, shall be treated as an authorized disclosure that does not violate a covered provision.
(iii) Nothing in clause (ii) may be construed to limit or modify the obligation of an individual to appropriately store, handle, or disseminate classified information in accordance with applicable security guidance and procedures, including with respect to the removal or retention of classified information.
(iv) In this subparagraph, the term “covered provision” means—
(I) any otherwise applicable nondisclosure agreement;
(II) any otherwise applicable regulation or order issued under the authority of chapter 18 of the Atomic Energy Act of 1954 (42 U.S.C. 2271 et seq.) or Executive Order 13526;
(III) section 798 of title 18; or
(IV) any other provision of law with respect to the unauthorized disclosure of national security information.
(4) The Inspector General shall have the authority to administer to or take from any person an oath, affirmation, or affidavit, whenever necessary in the performance of the duties of the Inspector General, which oath, affirmation, or affidavit when administered or taken by or before an employee of the Office of the Inspector General of the Intelligence Community designated by the Inspector General shall have the same force and effect as if administered or taken by, or before, an officer having a seal.
(5) (A) Except as provided in subparagraph (B), the Inspector General is authorized to require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data in any medium (including electronically stored information, as well as any tangible thing) and documentary evidence necessary in the performance of the duties and responsibilities of the Inspector General.
(B) In the case of departments, agencies, and other elements of the United States Government, the Inspector General shall obtain information, documents, reports, answers, records, accounts, papers, and other data and evidence for the purpose specified in subparagraph (A) using procedures other than by subpoenas.
(C) The Inspector General may not issue a subpoena for, or on behalf of, any component of the Office of the Director of National Intelligence or any element of the intelligence community, including the Office of the Director of National Intelligence.
(D) In the case of contumacy or refusal to obey a subpoena issued under this paragraph, the subpoena shall be enforceable by order of any appropriate district court of the United States.
(6) The Inspector General may obtain services as authorized by section 3109 of title 5 at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for grade GS15 of the General Schedule under section 5332 of title 5.
(7) The Inspector General may, to the extent and in such amounts as may be provided in appropriations, enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and to make such payments as may be necessary to carry out the provisions of this section.
(h) Coordination among Inspectors General (1) (A) In the event of a matter within the jurisdiction of the Inspector General of the Intelligence Community that may be subject to an investigation, inspection, audit, or review by both the Inspector General of the Intelligence Community and an inspector general with oversight responsibility for an element of the intelligence community, the Inspector General of the Intelligence Community and such other inspector general shall expeditiously resolve the question of which inspector general shall conduct such investigation, inspection, audit, or review to avoid unnecessary duplication of the activities of the inspectors general.
(B) In attempting to resolve a question under subparagraph (A), the inspectors general concerned may request the assistance of the Intelligence Community Inspectors General Forum established under paragraph (2). In the event of a dispute between an inspector general within a department or agency of the United States Government and the Inspector General of the Intelligence Community that has not been resolved with the assistance of such Forum, the inspectors general shall submit the question to the Director of National Intelligence and the head of the affected department or agency for resolution.
(2) (A) There is established the Intelligence Community Inspectors General Forum, which shall consist of all statutory or administrative inspectors general with oversight responsibility for an element of the intelligence community.
(B) The Inspector General of the Intelligence Community shall serve as the Chair of the Forum established under subparagraph (A). The Forum shall have no administrative authority over any inspector general, but shall serve as a mechanism for informing its members of the work of individual members of the Forum that may be of common interest and discussing questions about jurisdiction or access to employees, employees of contract personnel, records, audits, reviews, documents, recommendations, or other materials that may involve or be of assistance to more than one of its members.
(3) The inspector general conducting an investigation, inspection, audit, or review covered by paragraph (1) shall submit the results of such investigation, inspection, audit, or review to any other inspector general, including the Inspector General of the Intelligence Community, with jurisdiction to conduct such investigation, inspection, audit, or review who did not conduct such investigation, inspection, audit, or review.
(i) Counsel to the Inspector General (1) The Inspector General of the Intelligence Community shall—
(A) appoint a Counsel to the Inspector General who shall report to the Inspector General; or
(B) obtain the services of a counsel appointed by and directly reporting to another inspector general or the Council of the Inspectors General on Integrity and Efficiency on a reimbursable basis.
(2) The counsel appointed or obtained under paragraph (1) shall perform such functions as the Inspector General may prescribe.
(j) Staff and other support (1) The Director of National Intelligence shall provide the Inspector General of the Intelligence Community with appropriate and adequate office space at central and field office locations, together with such equipment, office supplies, maintenance services, and communications facilities and services as may be necessary for the operation of such offices.
(2) (A) Subject to applicable law and the policies of the Director of National Intelligence, the Inspector General shall select, appoint, and employ such officers and employees as may be necessary to carry out the functions, powers, and duties of the Inspector General. The Inspector General shall ensure that any officer or employee so selected, appointed, or employed has security clearances appropriate for the assigned duties of such officer or employee.
(B) In making selections under subparagraph (A), the Inspector General shall ensure that such officers and employees have the requisite training and experience to enable the Inspector General to carry out the duties of the Inspector General effectively.
(C) In meeting the requirements of this paragraph, the Inspector General shall create within the Office of the Inspector General of the Intelligence Community a career cadre of sufficient size to provide appropriate continuity and objectivity needed for the effective performance of the duties of the Inspector General.
(3) Consistent with budgetary and personnel resources allocated by the Director of National Intelligence, the Inspector General has final approval of—
(A) the selection of internal and external candidates for employment with the Office of the Inspector General; and
(B) all other personnel decisions concerning personnel permanently assigned to the Office of the Inspector General, including selection and appointment to the Senior Intelligence Service, but excluding all security-based determinations that are not within the authority of a head of a component of the Office of the Director of National Intelligence.
(4) (A) Subject to the concurrence of the Director of National Intelligence, the Inspector General may request such information or assistance as may be necessary for carrying out the duties and responsibilities of the Inspector General from any Federal, State (as defined in section 3164 of this title), or local governmental agency or unit thereof.
(B) Upon request of the Inspector General for information or assistance from a department, agency, or element of the Federal Government under subparagraph (A), the head of the department, agency, or element concerned shall, insofar as is practicable and not in contravention of any existing statutory restriction or regulation of the department, agency, or element, furnish to the Inspector General, such information or assistance.
(C) The Inspector General of the Intelligence Community may, upon reasonable notice to the head of any element of the intelligence community and in coordination with that elements inspector general pursuant to subsection (h), conduct, as authorized by this section, an investigation, inspection, audit, or review of such element and may enter into any place occupied by such element for purposes of the performance of the duties of the Inspector General.
(k) Reports (1) (A) The Inspector General of the Intelligence Community shall, not later than October 31 and April 30 of each year, prepare and submit to the Director of National Intelligence a classified, and, as appropriate, unclassified semiannual report summarizing the activities of the Office of the Inspector General of the Intelligence Community during the immediately preceding 6-month period ending September 30 and March 31, respectively. The Inspector General of the Intelligence Community shall provide any portion of the report involving a component of a department of the United States Government to the head of that department simultaneously with submission of the report to the Director of National Intelligence.
(B) Each report under this paragraph shall include, at a minimum, the following:
(i) A list of the title or subject of each investigation, inspection, audit, or review conducted during the period covered by such report.
(ii) A description of significant problems, abuses, and deficiencies relating to the administration of programs and activities of the intelligence community within the responsibility and authority of the Director of National Intelligence, and in the relationships between elements of the intelligence community, identified by the Inspector General during the period covered by such report.
(iii) A description of the recommendations for corrective action made by the Inspector General during the period covered by such report with respect to significant problems, abuses, or deficiencies identified in clause (ii).
(iv) A statement of whether or not corrective action has been completed on each significant recommendation described in previous semiannual reports, and, in a case where corrective action has been completed, a description of such corrective action.
(v) A certification of whether or not the Inspector General has had full and direct access to all information relevant to the performance of the functions of the Inspector General.
(vi) A description of the exercise of the subpoena authority under subsection (g)(5) by the Inspector General during the period covered by such report.
(vii) Such recommendations as the Inspector General considers appropriate for legislation to promote economy, efficiency, and effectiveness in the administration and implementation of programs and activities within the responsibility and authority of the Director of National Intelligence, and to detect and eliminate fraud and abuse in such programs and activities.
(C) Not later than 30 days after the date of receipt of a report under subparagraph (A), the Director shall transmit the report to the congressional intelligence committees together with any comments the Director considers appropriate. The Director shall transmit to the committees of the Senate and of the House of Representatives with jurisdiction over a department of the United States Government any portion of the report involving a component of such department simultaneously with submission of the report to the congressional intelligence committees.
(2) (A) The Inspector General shall report immediately to the Director whenever the Inspector General becomes aware of particularly serious or flagrant problems, abuses, or deficiencies relating to programs and activities within the responsibility and authority of the Director of National Intelligence.
(B) The Director shall transmit to the congressional intelligence committees each report under subparagraph (A) within 7 calendar days of receipt of such report, together with such comments as the Director considers appropriate. The Director shall transmit to the committees of the Senate and of the House of Representatives with jurisdiction over a department of the United States Government any portion of each report under subparagraph (A) that involves a problem, abuse, or deficiency related to a component of such department simultaneously with transmission of the report to the congressional intelligence committees.
(3) (A) In the event that—
(i) the Inspector General is unable to resolve any differences with the Director affecting the execution of the duties or responsibilities of the Inspector General;
(ii) an investigation, inspection, audit, or review carried out by the Inspector General focuses on any current or former intelligence community official who—
(I) holds or held a position in an element of the intelligence community that is subject to appointment by the President, whether or not by and with the advice and consent of the Senate, including such a position held on an acting basis;
(II) holds or held a position in an element of the intelligence community, including a position held on an acting basis, that is appointed by the Director of National Intelligence; or
(III) holds or held a position as head of an element of the intelligence community or a position covered by subsection (b) or (c) of section 3041 of this title;
(iii) a matter requires a report by the Inspector General to the Department of Justice on possible criminal conduct by a current or former official described in clause (ii);
(iv) the Inspector General receives notice from the Department of Justice declining or approving prosecution of possible criminal conduct of any current or former official described in clause (ii); or
(v) the Inspector General, after exhausting all possible alternatives, is unable to obtain significant documentary information in the course of an investigation, inspection, audit, or review,
the Inspector General shall immediately notify, and submit a report to, the congressional intelligence committees on such matter.
(B) The Inspector General shall submit to the committees of the Senate and of the House of Representatives with jurisdiction over a department of the United States Government any portion of each report under subparagraph (A) that involves an investigation, inspection, audit, or review carried out by the Inspector General focused on any current or former official of a component of such department simultaneously with submission of the report to the congressional intelligence committees.
(4) The Director shall submit to the congressional intelligence committees any report or findings and recommendations of an investigation, inspection, audit, or review conducted by the office which has been requested by the Chairman or Vice Chairman or ranking minority member of either committee.
(5) (A) (i) An employee of an element of the intelligence community, an employee assigned or detailed to an element of the intelligence community, or an employee of a contractor to the intelligence community who intends to report to Congress a complaint or information with respect to an urgent concern may report such complaint or information in writing to the Inspector General.
(ii) The Inspector General shall—
(I) provide reasonable support necessary to ensure that an employee can report a complaint or information under this subparagraph in writing; and
(II) if such submission is not feasible, create a written record of the employees verbal complaint or information and treat such written record as a written submission.
(B) (i) In accordance with clause (ii), the Inspector General shall determine whether a complaint or information reported under subparagraph (A) appears credible. Upon making such a determination, the Inspector General shall transmit to the Director a notice of that determination, together with the complaint or information.
(ii) The Inspector General shall make the determination under clause (i) with respect to a complaint or information under subparagraph (A) by not later than the end of the 14-calendar-day period beginning on the date on which the employee who reported the complaint or information confirms to the Inspector General the intent of the employee to report to Congress that complaint or information.
(C) Upon receipt of a transmittal from the Inspector General under subparagraph (B), the Director shall, within 7 calendar days of such receipt, forward such transmittal to the congressional intelligence committees, together with any comments the Director considers appropriate.
(D) (i) If the Inspector General does not find credible under subparagraph (B) a complaint or information submitted under subparagraph (A), or does not transmit the complaint or information to the Director in accurate form under subparagraph (B), the employee (subject to clause (ii)) may submit the complaint or information to Congress by contacting either or both of the congressional intelligence committees directly.
(ii) An employee may contact the congressional intelligence committees directly as described in clause (i) only if the employee—
(I) before making such a contact, furnishes to the Director, through the Inspector General, a statement of the employees complaint or information and notice of the employees intent to contact the congressional intelligence committees directly; and
(II) obtains and follows from the Director, through the Inspector General, direction on how to contact the congressional intelligence committees in accordance with appropriate security practices.
(iii) A member or employee of one of the congressional intelligence committees who receives a complaint or information under this subparagraph does so in that member or employees official capacity as a member or employee of such committee.
(E) The Inspector General shall notify an employee who reports a complaint or information to the Inspector General under this paragraph of each action taken under this paragraph with respect to the complaint or information. Such notice shall be provided not later than 3 days after any such action is taken.
(F) An action taken by the Director or the Inspector General under this paragraph shall not be subject to judicial review.
(G) (i) In this paragraph, the term “urgent concern” means any of the following:
(I) A serious or flagrant problem, abuse, violation of law or Executive order, or deficiency relating to the funding, administration, or operation of an intelligence activity of the Federal Government that is—
(aa) a matter of national security; and
(bb) not a difference of opinion concerning public policy matters.
(II) A false statement to Congress, or a willful withholding from Congress, on an issue of material fact relating to the funding, administration, or operation of an intelligence activity.
(III) An action, including a personnel action described in section 2302(a)(2)(A) of title 5, constituting reprisal or threat of reprisal prohibited under subsection (g)(3)(B) of this section in response to an employees reporting an urgent concern in accordance with this paragraph.
(ii) Within the executive branch, the Inspector General shall have sole authority to determine whether any complaint or information reported to the Inspector General is a matter of urgent concern under this paragraph.
(H) Nothing in this section shall be construed to limit the protections afforded to an employee under section 3517(d) of this title or section 416 of title 5.
(I) An individual who has submitted a complaint or information to the Inspector General under this section may notify any member of either of the congressional intelligence committees, or a staff member of either of such committees, of the fact that such individual has made a submission to the Inspector General, and of the date on which such submission was made.
(J) In this paragraph, the term “employee” includes a former employee, if the complaint or information reported under subparagraph (A) arises from or relates to the period during which the former employee was an employee.
(6) In accordance with section 535 of title 28, the Inspector General shall expeditiously report to the Attorney General any information, allegation, or complaint received by the Inspector General relating to violations of Federal criminal law that involve a program or operation of an element of the intelligence community, or in the relationships between the elements of the intelligence community, consistent with such guidelines as may be issued by the Attorney General pursuant to subsection (b)(2) of such section. A copy of each such report shall be furnished to the Director.
(l) Construction of duties regarding elements of Intelligence Community Except as resolved pursuant to subsection (h), the performance by the Inspector General of the Intelligence Community of any duty, responsibility, or function regarding an element of the intelligence community shall not be construed to modify or affect the duties and responsibilities of any other inspector general having duties and responsibilities relating to such element.
(m) Separate budget account The Director of National Intelligence shall, in accordance with procedures issued by the Director in consultation with the congressional intelligence committees, include in the National Intelligence Program budget a separate account for the Office of the Inspector General of the Intelligence Community.
(n) Budget (1) For each fiscal year, the Inspector General of the Intelligence Community shall transmit a budget estimate and request to the Director of National Intelligence that specifies for such fiscal year—
(A) the aggregate amount requested for the operations of the Inspector General;
(B) the amount requested for all training requirements of the Inspector General, including a certification from the Inspector General that the amount requested is sufficient to fund all training requirements for the Office of the Inspector General; and
(C) the amount requested to support the Council of the Inspectors General on Integrity and Efficiency, including a justification for such amount.
(2) In transmitting a proposed budget to the President for a fiscal year, the Director of National Intelligence shall include for such fiscal year—
(A) the aggregate amount requested for the Inspector General of the Intelligence Community;
(B) the amount requested for Inspector General training;
(C) the amount requested to support the Council of the Inspectors General on Integrity and Efficiency; and
(D) the comments of the Inspector General, if any, with respect to such proposed budget.
(3) The Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives for each fiscal year—
(A) a separate statement of the budget estimate transmitted pursuant to paragraph (1);
(B) the amount requested by the Director for the Inspector General pursuant to paragraph (2)(A);
(C) the amount requested by the Director for the training of personnel of the Office of the Inspector General pursuant to paragraph (2)(B);
(D) the amount requested by the Director for support for the Council of the Inspectors General on Integrity and Efficiency pursuant to paragraph (2)(C); and
(E) the comments of the Inspector General under paragraph (2)(D), if any, on the amounts requested pursuant to paragraph (2), including whether such amounts would substantially inhibit the Inspector General from performing the duties of the Office of the Inspector General.
(o) Information on website (1) The Director of National Intelligence shall establish and maintain on the homepage of the publicly accessible website of the Office of the Director of National Intelligence information relating to the Office of the Inspector General of the Intelligence Community including methods to contact the Inspector General.
(2) The information referred to in paragraph (1) shall be obvious and facilitate accessibility to the information related to the Office of the Inspector General of the Intelligence Community.
(July 26, 1947, ch. 343, title I, § 103H, as added Pub. L. 111259, title IV, § 405(a)(1), Oct. 7, 2010, 124 Stat. 2709; amended Pub. L. 11287, title IV, § 403, Jan. 3, 2012, 125 Stat. 1888; Pub. L. 112277, title III, § 309(a), Jan. 14, 2013, 126 Stat. 2474; Pub. L. 113126, title III, § 304, title VI, § 603(c), July 7, 2014, 128 Stat. 1395, 1421; Pub. L. 114113, div. M, title III, § 303, Dec. 18, 2015, 129 Stat. 2913; Pub. L. 11692, div. E, title LXVI, § 6605(c), Dec. 20, 2019, 133 Stat. 2215; Pub. L. 117103, div. X, title V, § 502(a), Mar. 15, 2022, 136 Stat. 985; Pub. L. 117263, div. E, title LII, §§ 5202(a)(3), 5203(b), div. F, title LXVI, § 6609(a), Dec. 23, 2022, 136 Stat. 3225, 3229, 3559; Pub. L. 117286, § 4(b)(99), Dec. 27, 2022, 136 Stat. 4353; Pub. L. 118159, div. F, title LXVII, §§ 6701(a), 6702(a), title LXIX, § 6902(a)(2), Dec. 23, 2024, 138 Stat. 2511, 2513, 2517.)
## Notes
Editorial Notes
References in TextSection 3 of the Inspector General Act of 1978, referred to in subsec. (c)(6)(A), is section 3 of Pub. L. 95452, which was set out in the Appendix to Title 5, Government Organization and Employees, and was repealed and restated as section 403 of Title 5 by Pub. L. 117286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4208, 4361. For definition of “first assistant to the position of Inspector General”, see Amendments Not Shown in Text note set out under section 403 of Title 5. GS15 of the General Schedule, referred to in subsec. (c)(6)(B)(iii)(II), is set out under section 5332 of Title 5, Government Organization and Employees. The Atomic Energy Act of 1954, referred to in subsec. (g)(3)(B)(i), (iv)(II), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919. Chapters 12 and 18 of the Act are classified generally to subchapters XI (§ 2161 et seq.) and XVII (§ 2271 et seq.), respectively, of division A of chapter 23 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables. Executive Order 13526, referred to in subsec. (g)(3)(B)(i), (iv)(II), is Ex. Ord. No. 13526, Dec. 29, 2009, 75 F.R. 707, 1013, which is set out as a note under section 3161 of this title.
Codification Pub. L. 117263, § 5202(a)(3), which directed amendment of the Inspector General Act of 1978 by amending section 103H(c) of the National Security Act, was executed to subsec. (c) of this section, which is section 103H of the National Security Act of 1947, to reflect the probable intent of Congress. Pub. L. 117263, § 5203(b), which also directed amendment of section 103H(c) of the National Security Act, was similarly executed to subsec. (c) of this section as if it had directed amendment of section 103H(c) of the National Security Act of 1947, to reflect the probable intent of Congress. Section was formerly classified to section 4033h of this title prior to editorial reclassification and renumbering as this section.
Amendments2024—Subsec. (g)(3). Pub. L. 118159, § 6702(a), designated existing provisions as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and added subpar. (B). Subsec. (k)(5)(A). Pub. L. 118159, § 6701(a)(1), designated existing provisions as cl. (i), inserted “in writing” before “to the Inspector General”, and added cl. (ii). Subsec. (k)(5)(B). Pub. L. 118159, § 6701(a)(2), added subpar. (B) and struck out former subpar. (B) which read as follows: “Not later than the end of the 14-calendar-day period beginning on the date of receipt from an employee of a complaint or information under subparagraph (A), the Inspector General shall determine whether the complaint or information appears credible. Upon making such a determination, the Inspector General shall transmit to the Director a notice of that determination, together with the complaint or information.” Subsec. (k)(5)(J). Pub. L. 118159, § 6701(a)(3), added subpar. (J). Subsec. (k)(6). Pub. L. 118159, § 6902(a)(2), substituted “involve” for “involves”. 2022—Subsec. (c)(4). Pub. L. 117263, § 5202(a)(3)(A), designated existing provisions as subpar. (A), substituted “substantive rationale, including detailed and case-specific reasons,” for “reasons”, and added subpar. (B). See Codification note above. Subsec. (c)(5). Pub. L. 117263, § 5202(a)(3)(B), added par. (5). See Codification note above. Subsec. (c)(6). Pub. L. 117263, § 5203(b), added par. (6). See Codification note above. Subsec. (k)(5)(G). Pub. L. 117103 inserted cl. (i) designation before “In this” in introductory provisions, redesignated former cls. (i) to (iii) as subcls. (I) to (III), respectively, of cl. (i), and added cl. (ii). Subsec. (k)(5)(G)(i)(I). Pub. L. 117263, § 6609(a), substituted “of the Federal Government that is—” and items (aa) and (bb) for “within the responsibility and authority of the Director of National Intelligence involving classified information, but does not include differences of opinions concerning public policy matters.” Subsec. (k)(5)(H). Pub. L. 117286 substituted “section 416 of title 5.” for “section 8H of the Inspector General Act of 1978 (5 U.S.C. App.).” 2019—Subsec. (j)(4)(A). Pub. L. 11692 made technical amendment to reference in original act which appears in text as reference to section 3164 of this title. 2015—Subsec. (j)(4)(A). Pub. L. 114113, § 303(1), substituted “any Federal, State (as defined in section 3164 of this title), or local governmental agency or unit thereof” for “any department, agency, or other element of the United States Government”. Subsec. (j)(4)(B). Pub. L. 114113, § 303(2), inserted “from a department, agency, or element of the Federal Government” before “under subparagraph (A)”. 2014—Subsec. (g)(3)(A). Pub. L. 113126, § 304, substituted “undertaken, and this provision shall qualify as a withholding statute pursuant to subsection (b)(3) of section 552 of title 5 (commonly known as the Freedom of Information Act);” for “undertaken;”. Subsec. (k)(5)(I). Pub. L. 113126, § 603(c), added subpar. (I). 2013—Subsec. (k)(1)(A). Pub. L. 112277 substituted “October 31 and April 30” for “January 31 and July 31” and “September 30 and March 31,” for “December 31 (of the preceding year) and June 30,”. 2012—Subsec. (o). Pub. L. 11287 added subsec. (o).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentAmendment by section 5203(b) of Pub. L. 117263 effective Dec. 23, 2022, except that such amendment to take effect 30 days after Dec. 23, 2022, with respect to an individual performing the functions and duties of an Inspector General temporarily in an acting capacity, see section 5203(e) of Pub. L. 117263, set out as a note under section 403 of Title 5, Government Organization and Employees.
ConstructionPub. L. 111259, title IV, § 405(c), Oct. 7, 2010, 124 Stat. 2719, provided that: “Nothing in the amendment made by subsection (a)(1) [enacting this section] shall be construed to alter the duties and responsibilities of the General Counsel of the Office of the Director of National Intelligence.”
Oversight by Inspector General of the Intelligence Community Over Intelligence Community Whistleblower MattersPub. L. 11692, div. E, title LIII, § 5334, Dec. 20, 2019, 133 Stat. 2141, as amended by Pub. L. 11831, div. G, title III, § 7327(a), Dec. 22, 2023, 137 Stat. 1044, provided that: “(a) System for Notification of Information Relating to Complaints by Whistleblowers Within the Intelligence Community.—Subject to subsection (b), not later than 1 year after the date of the enactment of this Act [Dec. 20, 2019], the Inspector General of the Intelligence Community, in consultation with the Intelligence Community Inspectors General Forum, shall establish a system whereby the Inspector General of the Intelligence Community is notified monthly of the following:“(1) Submission of complaints by whistleblowers to inspectors general of elements of the intelligence community relating to the programs and activities under the jurisdiction of the Director of National Intelligence, and information related to such complaints. “(2) Actions taken by an inspector general of an element of the Intelligence Community relating to such complaints. “(b) Policies for Implementation.—“(1) In general.—The system established under subsection (a) may not be implemented until the Inspector General of the Intelligence Community, in consultation with the Intelligence Community Inspectors General Forum, has developed and released to each of the inspectors general of the elements of the intelligence community written policies regarding the implementation of such subsection. “(2) Requirements.—The policies required by paragraph (1) shall—“(A) protect the privacy of whistleblowers, including by preventing dissemination without the consent of the whistleblower, of any information submitted previously by a whistleblower to an inspector general of an element of the intelligence community; and “(B) ensure compliance with the requirements of subsection (a), while—“(i) ensuring that the Inspector General of the Intelligence Community can oversee whistleblower policies and practices and identify matters that, in the judgment of the Inspector General of the Intelligence Community, may be the subject of an investigation, inspection, audit, or review by the Inspector General of the Intelligence Community; and “(ii) avoiding the imposition of inappropriate resource burdens on inspectors general of elements of the intelligence community.” [For definition of “whistleblower” as used in section 5334 of Pub. L. 11692, set out above, see section 5331 of Pub. L. 11692, set out below.] [For definition of “intelligence community” as used in section 5334 of Pub. L. 11692, set out above, see section 5003 of div. E of Pub. L. 11692, set out as a note under section 3003 of this title.]
Definitions Pub. L. 11692, div. E, title LIII, § 5331, Dec. 20, 2019, 133 Stat. 2137, provided that: “In this subtitle [subtitle C (§§ 5331—5335) of title LIII of div. E of Pub. L. 11692, enacting section 3236 of this title and provisions set out as a note above]: “(1) Whistleblower.—The term whistleblower means a person who makes a whistleblower disclosure. “(2) Whistleblower disclosure.—The term whistleblower disclosure means a disclosure that is protected under section 1104 of the National Security Act of 1947 (50 U.S.C. 3234) or section 3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)).”
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# 50 U.S.C. § 3034 - Chief Financial Officer of the Intelligence Community
## Text
(a) Chief Financial Officer of the Intelligence Community To assist the Director of National Intelligence in carrying out the responsibilities of the Director under this chapter and other applicable provisions of law, there is within the Office of the Director of National Intelligence a Chief Financial Officer of the Intelligence Community who shall be appointed by the Director. The Chief Financial Officer shall report directly to the Director of National Intelligence.
(b) Duties and responsibilities Subject to the direction of the Director of National Intelligence, the Chief Financial Officer of the Intelligence Community shall—
(1) serve as the principal advisor to the Director of National Intelligence and the Principal Deputy Director of National Intelligence on the management and allocation of intelligence community budgetary resources;
(2) participate in overseeing a comprehensive and integrated strategic process for resource management within the intelligence community;
(3) ensure that the strategic plan of the Director of National Intelligence—
(A) is based on budgetary constraints as specified in the Future Year Intelligence Plans and Long-term Budget Projections required under section 3103 of this title; and
(B) contains specific goals and objectives to support a performance-based budget;
(4) prior to the obligation or expenditure of funds for the acquisition of any major system pursuant to a Milestone A or Milestone B decision, receive verification from appropriate authorities that the national requirements for meeting the strategic plan of the Director have been established, and that such requirements are prioritized based on budgetary constraints as specified in the Future Year Intelligence Plans and the Long-term Budget Projections for such major system required under section 3103 of this title;
(5) ensure that the collection architectures of the Director are based on budgetary constraints as specified in the Future Year Intelligence Plans and the Long-term Budget Projections required under section 3103 of this title;
(6) coordinate or approve representations made to Congress by the intelligence community regarding National Intelligence Program budgetary resources;
(7) participate in key mission requirements, acquisitions, or architectural boards formed within or by the Office of the Director of National Intelligence; and
(8) perform such other duties as may be prescribed by the Director of National Intelligence.
(c) Other law The Chief Financial Officer of the Intelligence Community shall serve as the Chief Financial Officer of the intelligence community and, to the extent applicable, shall have the duties, responsibilities, and authorities specified in chapter 9 of title 31.
(d) Prohibition on simultaneous service as other Chief Financial Officer An individual serving in the position of Chief Financial Officer of the Intelligence Community may not, while so serving, serve as the chief financial officer of any other department or agency, or component thereof, of the United States Government.
(e) Definitions In this section:
(1) The term “major system” has the meaning given that term in section 3097(e) of this title.
(2) The term “Milestone A” has the meaning given that term in section 3103(f) 11 So in original. Section 3103 of this title does not contain a subsec. (f). of this title.
(3) The term “Milestone B” has the meaning given that term in section 3099(e) of this title.
(July 26, 1947, ch. 343, title I, § 103I, as added Pub. L. 111259, title IV, § 406(a), Oct. 7, 2010, 124 Stat. 2720; amended Pub. L. 11692, div. E, title LXIV, § 6404, Dec. 20, 2019, 133 Stat. 2196.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (a), 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 chapter. For complete classification of this Act to the Code, see Tables.
Codification Section was formerly classified to section 4033i of this title prior to editorial reclassification and renumbering as this section.
Amendments2019—Subsec. (a). Pub. L. 11692 inserted at end “The Chief Financial Officer shall report directly to the Director of National Intelligence.”
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# 50 U.S.C. § 3034a - Functional Managers for the intelligence community
## Text
(a) Functional Managers authorized The Director of National Intelligence may establish within the intelligence community one or more positions of manager of an intelligence function. Any position so established may be known as the “Functional Manager” of the intelligence function concerned.
(b) Personnel The Director shall designate individuals to serve as manager of intelligence functions established under subsection (a) from among officers and employees of elements of the intelligence community.
(c) Duties Each manager of an intelligence function established under subsection (a) shall have the duties as follows:
(1) To act as principal advisor to the Director on the intelligence function.
(2) To carry out such other responsibilities with respect to the intelligence function as the Director may specify for purposes of this section.
(July 26, 1947, ch. 343, title I, § 103J, as added Pub. L. 113126, title III, § 305(a), July 7, 2014, 128 Stat. 1395.)
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# 50 U.S.C. § 3034b - Intelligence Community Chief Data Officer
## Text
(a) Intelligence Community Chief Data Officer There is an Intelligence Community Chief Data Officer within the Office of the Director of National Intelligence who shall be appointed by the Director of National Intelligence.
(b) Requirement relating to appointment An individual appointed as the Intelligence Community Chief Data Officer shall have a professional background and experience appropriate for the duties of the Intelligence Community Chief Data Officer. In making such appointment, the Director of National Intelligence may give preference to an individual with experience outside of the United States Government.
(c) Duties The Intelligence Community Chief Data Officer shall—
(1) act as the chief representative of the Director of National Intelligence for data issues within the intelligence community;
(2) coordinate, to the extent practicable and advisable, with the Chief Data Officer of the Department of Defense to ensure consistent data policies, standards, and procedures between the intelligence community and the Department of Defense;
(3) assist the Director of National Intelligence regarding data elements of the budget of the Office of the Director of National Intelligence; and
(4) perform other such duties relating to data as may be prescribed by the Director of National Intelligence or specified in law.
(July 26, 1947, ch. 343, title I, § 103K, as added Pub. L. 117263, div. F, title LXVII, § 6704, Dec. 23, 2022, 136 Stat. 3562; amended Pub. L. 11831, div. G, title III, § 7310(b)(1), Dec. 22, 2023, 137 Stat. 1028.)
## Notes
Editorial Notes
Amendments2023—Subsec. (c)(4). Pub. L. 11831 inserted “relating to data” after “duties”.
Statutory Notes and Related Subsidiaries
Removal of Unrelated Duties and FunctionsPub. L. 11831, div. G, title III, § 7310(b)(2), Dec. 22, 2023, 137 Stat. 1028, provided that: “Not later than 90 days after the date of the enactment of this Act [Dec. 22, 2023], consistent with section 103K(c) of the National Security Act of 1947 (50 U.S.C. 3034b(c)), as amended by paragraph (1), the Director of National Intelligence shall complete such internal reorganization of the Office of the Director of National Intelligence as the Director determines necessary to ensure that the duties of the Intelligence Community Chief Data Officer appointed under such section do not include any other duty that does not relate to an issue involving data.”
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# 50 U.S.C. § 3034c - Intelligence Community Innovation Unit
## Text
(a) Definitions In this section:
(1) Emerging technology the term “emerging technology” has the meaning given that term in section 6701 of the Intelligence Authorization Act for Fiscal Year 2023 (Public Law 117263; 50 U.S.C. 3024 note).
(2) Unit The term “Unit” means the Intelligence Community Innovation Unit.
(b) Plan for implementation of Intelligence Community Innovation Unit (1) Plan required Not later than 180 days after December 22, 2023, the Director of National Intelligence shall develop a plan for how to implement the Intelligence Community Innovation Unit within the intelligence community.
(2) Matters covered The plan developed pursuant to paragraph (1) shall cover how the Unit will—
(A) benefit heads of the elements of the intelligence community in identifying commercial emerging technologies and associated capabilities to address critical mission needs of elements of the intelligence community;
(B) provide to the heads of the elements of the intelligence community seeking to field commercial emerging technologies technical expertise with respect to such technologies.11 So in original. The period probably should be a semicolon.
(C) facilitate the transition of potential prototypes and solutions to critical mission needs of the intelligence community from research and prototype projects to production; and
(D) serve as a liaison between the intelligence community and the private sector, in which capacity such liaison shall focus on small- and medium-sized companies and other organizations that do not have significant experience engaging with the intelligence community.
(3) Requirements The plan developed pursuant to paragraph (1) shall—
(A) plan for not more than 50 full-time equivalent personnel; and
(B) include an assessment as to how the establishment of the Unit would benefit the identification and evaluation of commercial emerging technologies for prototyping and potential adoption by the intelligence community to fulfill critical mission needs.
(4) Submission to Congress Upon completing development of the plan pursuant to paragraph (1), the Director shall—
(A) submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives a copy of the plan; and
(B) provide such committees and subcommittees a briefing on the plan.
(c) Establishment To the extent and in such amounts as specifically provided in advance in appropriations Acts for the purposes detailed in this section, not later than 180 days after the date on which the Director of National Intelligence submits the plan pursuant to subsection (b)(4)(A), the Director of National Intelligence shall establish the Unit within the Office of the Director of National Intelligence.
(d) Limitation The Unit shall not abrogate or otherwise constrain any element of the intelligence community from conducting authorized activities.
(e) Director of the Intelligence Community Innovation Unit (1) Appointment; reporting The head of the Unit is the Director of the Intelligence Community Innovation Unit, who shall be appointed by the Director of National Intelligence and shall report directly to the Director of National Intelligence.
(2) Qualifications In selecting an individual for appointment as the Director of the Intelligence Community Innovation Unit, the Director of National Intelligence shall give preference to individuals who the Director of National Intelligence determines have—
(A) significant relevant experience involving commercial emerging technology within the private sector; and
(B) a demonstrated history of fostering the adoption of commercial emerging technologies by the United States Government or the private sector.
(f) Staff (1) In general In addition to the Director of the Intelligence Community Innovation Unit, the Unit shall be composed of not more than 50 full-time equivalent positions.
(2) Staff with certain expertise The Director of National Intelligence shall ensure that there is a sufficient number of staff of the Unit, as determined by the Director, with expertise in—
(A) other transaction authorities and nontraditional and rapid acquisition pathways for emerging technology;
(B) engaging and evaluating small- and medium-sized emerging technology companies;
(C) the mission needs of the intelligence community; and
(D) such other skills or experiences as the Director determines necessary.
(g) Authority relating to detailees Upon request of the Unit, each head of an element of the intelligence community may detail to the Unit any of the personnel of that element to assist in carrying out the duties under subsection (b) on a reimbursable or a nonreimbursable basis.
(h) Ensuring transition from prototyping to production The Director of the Intelligence Community Innovation Unit shall transition research and prototype projects to products in a production stage upon identifying a demonstrated critical mission need of one or more elements of the intelligence community and a potential mission partner likely to field and further fund upon maturation, including by designating projects as Emerging Technology Transition Projects under the pilot program required by section 6713 of the Intelligence Authorization Act for Fiscal Year 2023 (Public Law 117263; 50 U.S.C. 3024 note).
(i) Encouragement of use by elements The Director of National Intelligence shall take such steps as may be necessary to encourage the use of the Unit by the heads of the other elements of the intelligence community.
(j) Rules of construction (1) No preferential treatment for private sector Nothing in this section shall be construed to require any element of the intelligence community to provide preferential treatment for any private sector entity with regard to procurement of technology construed as restricting or preempting any activities of the intelligence community.
(2) No additional authority The Unit established pursuant to subsection (c) will be limited to the existing authorities possessed by the Director of National Intelligence.
(k) Sunset The authorities and requirements of this section shall terminate on the date that is 5 years after the date of the establishment of the Unit.
(July 26, 1947, ch. 343, title I, § 103L, as added Pub. L. 11831, div. G, title V, § 7502, Dec. 22, 2023, 137 Stat. 1079.)
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# 50 U.S.C. § 3034d - National Intelligence Management Council
## Text
(a) Establishment There is within the Office of the Director of National Intelligence a National Intelligence Management Council.
(b) Composition (1) The National Intelligence Management Council shall be composed of senior officials within the intelligence community and substantive experts from the public or private sector, who shall be appointed by, report to, and serve at the pleasure of, the Director of National Intelligence.
(2) The Director shall prescribe appropriate security requirements for personnel appointed from the private sector as a condition of service on the National Intelligence Management Council, or as contractors of the Council or employees of such contractors, to ensure the protection of intelligence sources and methods while avoiding, wherever possible, unduly intrusive requirements which the Director considers to be unnecessary for this purpose.
(c) Duties and responsibilities Members of the National Intelligence Management Council shall work with each other and with other elements of the intelligence community to ensure proper coordination and to minimize duplication of effort, in addition to the following duties and responsibilities:
(1) Provide integrated mission input to support the processes and activities of the intelligence community, including with respect to intelligence planning, programming, budgeting, and evaluation processes.
(2) Identify and pursue opportunities to integrate or coordinate collection and counterintelligence efforts.
(3) In concert with the responsibilities of the National Intelligence Council, ensure the integration and coordination of analytic and collection efforts.
(4) Develop and coordinate intelligence strategies in support of budget planning and programming activities.
(5) Advise the Director of National Intelligence on the development of the National Intelligence Priorities Framework of the Office of the Director of National Intelligence (or any successor mechanism established for the prioritization of programs and activities).
(6) In concert with the responsibilities of the National Intelligence Council, support the role of the Director of National Intelligence as principal advisor to the President on intelligence matters.
(7) Inform the elements of the intelligence community of the activities and decisions related to missions assigned to the National Intelligence Management Council.
(8) Maintain awareness, across various functions and disciplines, of the mission-related activities and budget planning of the intelligence community.
(9) Evaluate, with respect to assigned mission objectives, requirements, and unmet requirements, the implementation of the budget of each element of the intelligence community.
(10) Provide oversight on behalf of, and make recommendations to, the Director of National Intelligence on the extent to which the activities, program recommendations, and budget proposals made by elements of the intelligence community sufficiently address mission objectives, intelligence gaps, and unmet requirements.
(d) Mission management of members Members of the National Intelligence Management Council, under the direction of the Director of National Intelligence, shall serve as mission managers to ensure integration among the elements of the intelligence community and across intelligence functions, disciplines, and activities for the purpose of achieving unity of effort and effect, including through the following responsibilities:
(1) Planning and programming efforts.
(2) Budget and program execution oversight.
(3) Engagement with elements of the intelligence community and with policymakers in other agencies.
(4) Workforce competencies and training activities.
(5) Development of capability requirements.
(6) Development of governance fora, policies, and procedures.
(e) Staff; availability (1) Staff The Director of National Intelligence shall make available to the National Intelligence Management Council such staff as may be necessary to assist the National Intelligence Management Council in carrying out the responsibilities described in this section.
(2) Availability Under the direction of the Director of National Intelligence, the National Intelligence Management Council shall make reasonable efforts to advise and consult with officers and employees of other departments or agencies, or components thereof, of the United States Government not otherwise associated with the intelligence community.
(f) Support from elements of the intelligence community The heads of the elements of the intelligence community shall provide appropriate support to the National Intelligence Management Council, including with respect to intelligence activities, as required by the Director of National Intelligence.
(July 26, 1947, ch. 343, title I, § 103M, as added Pub. L. 118159, div. F, title LXIII, § 6307(a)(1), Dec. 23, 2024, 138 Stat. 2475.)
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# 50 U.S.C. § 3035 - Central Intelligence Agency
## Text
(a) Central Intelligence Agency There is a Central Intelligence Agency.
(b) Function The function of the Central Intelligence Agency is to assist the Director of the Central Intelligence Agency in carrying out the responsibilities specified in section 3036(c) of this title.
(July 26, 1947, ch. 343, title I, § 104, as added Pub. L. 108458, title I, § 1011(a), Dec. 17, 2004, 118 Stat. 3660.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 4034 of this title prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 104 of act July 26, 1947, ch. 343, title I, as added Pub. L. 102496, title VII, § 705(a)(3), Oct. 24, 1992, 106 Stat. 3192; amended Pub. L. 104106, div. A, title XV, § 1502(f)(5), Feb. 10, 1996, 110 Stat. 510; Pub. L. 104293, title VIII, § 807(b), Oct. 11, 1996, 110 Stat. 3480; Pub. L. 10665, div. A, title X, § 1067(16), Oct. 5, 1999, 113 Stat. 775; Pub. L. 106567, title I, § 105, Dec. 27, 2000, 114 Stat. 2834; Pub. L. 107306, title III, §§ 321, 353(b)(1)(A), (4), Nov. 27, 2002, 116 Stat. 2391, 2402, related to authorities of Director of Central Intelligence, prior to repeal by Pub. L. 108458, title I, §§ 1011(a), 1097(a), Dec. 17, 2004, 118 Stat. 3643, 3698, effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided. See sections 3024 and 3036 of this title. Another prior section 104 of act July 26, 1947, was renumbered section 108 and is classified to section 3043 of this title.
Statutory Notes and Related Subsidiaries
Effective DateFor Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Executive Documents
Communication of Restricted DataAuthorization for the communication of Restricted Data by the Central Intelligence Agency, see Ex. Ord. No. 10899, eff. Dec. 9, 1960, 25 F.R. 12729, set out as a note under section 2162 of Title 42, The Public Health and Welfare.
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# 50 U.S.C. § 3036 - Director of the Central Intelligence Agency
## Text
(a) Director of Central Intelligence Agency There is a Director of the Central Intelligence Agency who shall be appointed by the President, by and with the advice and consent of the Senate.
(b) Supervision The Director of the Central Intelligence Agency shall report to the Director of National Intelligence regarding the activities of the Central Intelligence Agency.
(c) Duties The Director of the Central Intelligence Agency shall—
(1) serve as the head of the Central Intelligence Agency; and
(2) carry out the responsibilities specified in subsection (d).
(d) Responsibilities The Director of the Central Intelligence Agency shall—
(1) collect intelligence through human sources and by other appropriate means, except that the Director of the Central Intelligence Agency shall have no police, subpoena, or law enforcement powers or internal security functions;
(2) correlate and evaluate intelligence related to the national security and provide appropriate dissemination of such intelligence;
(3) provide overall direction for and coordination of the collection of national intelligence outside the United States through human sources by elements of the intelligence community authorized to undertake such collection and, in coordination with other departments, agencies, or elements of the United States Government which are authorized to undertake such collection, ensure that the most effective use is made of resources and that appropriate account is taken of the risks to the United States and those involved in such collection; and
(4) perform such other functions and duties related to intelligence affecting the national security as the President or the Director of National Intelligence may direct.
(e) Termination of employment of CIA employees (1) Notwithstanding the provisions of any other law, the Director of the Central Intelligence Agency may, in the discretion of the Director, terminate the employment of any officer or employee of the Central Intelligence Agency whenever the Director deems the termination of employment of such officer or employee necessary or advisable in the interests of the United States.
(2) Any termination of employment of an officer or employee under paragraph (1) shall not affect the right of the officer or employee to seek or accept employment in any other department, agency, or element of the United States Government if declared eligible for such employment by the Office of Personnel Management.
(f) Coordination with foreign governments Under the direction of the Director of National Intelligence and in a manner consistent with section 3927 of title 22, the Director of the Central Intelligence Agency shall coordinate the relationships between elements of the intelligence community and the intelligence or security services of foreign governments or international organizations on all matters involving intelligence related to the national security or involving intelligence acquired through clandestine means.
(July 26, 1947, ch. 343, title I, § 104A, as added Pub. L. 108458, title I, § 1011(a), Dec. 17, 2004, 118 Stat. 3660; amended Pub. L. 108487, title VI, § 611(a), Dec. 23, 2004, 118 Stat. 3954; Pub. L. 111259, title VIII, § 804(4), Oct. 7, 2010, 124 Stat. 2747; Pub. L. 11287, title IV, § 412(a), Jan. 3, 2012, 125 Stat. 1890; Pub. L. 11692, div. E, title LXIV, § 6414(a), Dec. 20, 2019, 133 Stat. 2199.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 4034a of this title prior to editorial reclassification and renumbering as this section.
Amendments2019—Subsec. (g). Pub. L. 11692 struck out subsec. (g) which related to foreign language proficiency requirement for certain senior level positions in the Central Intelligence Agency. 2012—Subsec. (g)(1). Pub. L. 11287, § 412(a)(1), inserted “in the Directorate of Intelligence career service or the National Clandestine Service career service” after “an individual” and “or promoted” after “appointed”, substituted “individual has been certified as having a professional speaking and reading proficiency in a foreign language, such proficiency being at least level 3 on the Interagency Language Roundtable Language Skills Level or commensurate proficiency level using such other indicator of proficiency as the Director of the Central Intelligence Agency considers appropriate.” for “individual—”, and struck out subpars. (A) and (B) which related to required level of proficiency in a foreign language and ability to effectively communicate and exercise influence in that language, respectively. Subsec. (g)(2). Pub. L. 11287, § 412(a)(2), substituted “position, category of positions, or occupation” for “position or category of positions” in two places. 2010—Subsec. (g)(1). Pub. L. 111259 substituted “National Clandestine Service” for “Directorate of Operations” in introductory provisions. 2004—Subsec. (g). Pub. L. 108487 added subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentPub. L. 108487, title VI, § 611(b), Dec. 23, 2004, 118 Stat. 3955, as amended by Pub. L. 11287, title IV, § 412(b), Jan. 3, 2012, 125 Stat. 1890, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to appointments or promotions made on or after the date of the enactment of this Act [Dec. 23, 2004].”
Effective DateFor Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Creating an Official Record of the Osama Bin Laden OperationPub. L. 11287, title IV, § 414, Jan. 3, 2012, 125 Stat. 1891, provided that: “(a) Findings.—Congress finds the following:“(1) On May 1, 2011, United States personnel killed terrorist leader Osama bin Laden during the course of a targeted strike against his secret compound in Abbottabad, Pakistan. “(2) Osama bin Laden was the leader of the al Qaeda terrorist organization, the most significant terrorism threat to the United States and the international community. “(3) Osama bin Laden was the architect of terrorist attacks which killed nearly 3,000 civilians on September 11, 2001, the most deadly terrorist attack against our Nation, in which al Qaeda terrorists hijacked four airplanes and crashed them into the World Trade Center in New York City, the Pentagon in Washington, D.C., and, due to heroic efforts by civilian passengers to disrupt the terrorists, near Shanksville, Pennsylvania. “(4) Osama bin Laden planned or supported numerous other deadly terrorist attacks against the United States and its allies, including the 1998 bombings of United States embassies in Kenya and Tanzania and the 2000 attack on the U.S.S. Cole in Yemen, and against innocent civilians in countries around the world, including the 2004 attack on commuter trains in Madrid, Spain and the 2005 bombings of the mass transit system in London, England. “(5) Following the September 11, 2001, terrorist attacks, the United States, under President George W. Bush, led an international coalition into Afghanistan to dismantle al Qaeda, deny them a safe haven in Afghanistan and ungoverned areas along the Pakistani border, and bring Osama bin Laden to justice. “(6) President Barack Obama in 2009 committed additional forces and resources to efforts in Afghanistan and Pakistan as the central front in our enduring struggle against terrorism and extremism. “(7) The valiant members of the United States Armed Forces have courageously and vigorously pursued al Qaeda and its affiliates in Afghanistan and around the world. “(8) The anonymous, unsung heroes of the intelligence community have pursued al Qaeda and affiliates in Afghanistan, Pakistan, and around the world with tremendous dedication, sacrifice, and professionalism. “(9) The close collaboration between the Armed Forces and the intelligence community prompted the Director of National Intelligence, General James Clapper, to state, Never have I seen a more remarkable example of focused integration, seamless collaboration, and sheer professional magnificence as was demonstrated by the Intelligence Community in the ultimate demise of Osama bin Laden.. “(10) While the death of Osama bin Laden represents a significant blow to the al Qaeda organization and its affiliates and to terrorist organizations around the world, terrorism remains a critical threat to United States national security. “(11) President Obama said, For over two decades, bin Laden has been al Qaedas leader and symbol, and has continued to plot attacks against our country and our friends and allies. The death of bin Laden marks the most significant achievement to date in our Nations effort to defeat al Qaeda.. “(b) Sense of Congress.—It is the sense of Congress that—“(1) the raid that killed Osama bin Laden demonstrated the best of the intelligence communitys capabilities and teamwork; “(2) for years to come, Americans will look back at this event as a defining point in the history of the United States; “(3) it is vitally important that the United States memorialize all the events that led to the raid so that future generations will have an official record of the events that transpired before, during, and as a result of the operation; and “(4) preserving this history now will allow the United States to have an accurate account of the events while those that participated in the events are still serving in the Government. “(c) Report on the Operation That Killed Osama Bin Laden.—Not later than 90 days after the completion of the report being prepared by the Center for the Study of Intelligence that documents the history of and lessons learned from the raid that resulted in the death of Osama bin Laden, the Director of the Central Intelligence Agency shall submit such report to the congressional intelligence committees. “(d) Preservation of Records.—The Director of the Central Intelligence Agency shall preserve any records, including intelligence information and assessments, used to generate the report described in subsection (c).” [For definitions of “intelligence community” and “congressional intelligence committees” as used in section 414 of Pub. L. 11287, set out above, see section 2 of Pub. L. 11287, set out as a note under section 3003 of this title.]
Annual Report on Foreign Companies Involved in the Proliferation of Weapons of Mass Destruction That Raise Funds in the United States Capital MarketsPub. L. 107306, title VIII, § 827, Nov. 27, 2002, 116 Stat. 2430, required Director of Central Intelligence to submit annual report on foreign companies involved in the proliferation of weapons of mass destruction that raised or attempted to raise funds in the United States capital markets, prior to repeal by Pub. L. 108177, title III, § 361(e), Dec. 13, 2003, 117 Stat. 2625.
Executive Documents
Executive Order No. 13355 Ex. Ord. No. 13355, Aug. 27, 2004, 69 F.R. 53593, which related to strengthened management of the Intelligence Community, was revoked by Ex. Ord. No. 12333, § 3.6, Dec. 4, 1981, 46 F.R. 59954, as amended by Ex. Ord. No. 13470, § 4(j), July 30, 2008, 73 F.R. 45341, set out as a note under section 3001 of this title.
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# 50 U.S.C. § 3037 - Deputy Director of the Central Intelligence Agency
## Text
(a) Deputy Director of the Central Intelligence Agency There is a Deputy Director of the Central Intelligence Agency who shall be appointed by the President.
(b) Duties The Deputy Director of the Central Intelligence Agency shall—
(1) assist the Director of the Central Intelligence Agency in carrying out the duties and responsibilities of the Director of the Central Intelligence Agency; and
(2) during the absence or disability of the Director of the Central Intelligence Agency, or during a vacancy in the position of Director of the Central Intelligence Agency, act for and exercise the powers of the Director of the Central Intelligence Agency.
(July 26, 1947, ch. 343, title I, § 104B, as added Pub. L. 111259, title IV, § 423(a), Oct. 7, 2010, 124 Stat. 2727.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 4034c of this title prior to editorial reclassification and renumbering as this section.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 111259, title IV, § 423(c), Oct. 7, 2010, 124 Stat. 2728, provided that: “The amendments made by this section [enacting this section and amending section 5314 of Title 5, Government Organization and Employees] shall apply on the earlier of— “(1) the date of the appointment by the President of an individual to serve as Deputy Director of the Central Intelligence Agency pursuant to section 104B of the National Security Act of 1947 [50 U.S.C. 3037], as added by subsection (a), except that the individual administratively performing the duties of the Deputy Director of the Central Intelligence Agency as of the date of the enactment of this Act [Oct. 7, 2010] may continue to perform such duties until the individual appointed to the position of Deputy Director of the Central Intelligence Agency assumes the duties of such position; or “(2) the date of the cessation of the performance of the duties of the Deputy Director of the Central Intelligence Agency by the individual administratively performing such duties as of the date of the enactment of this Act.”
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# 50 U.S.C. § 3039 - Assistance to United States law enforcement agencies
## Text
(a) Authority to provide assistance Subject to subsection (b), elements of the intelligence community may, upon the request of a United States law enforcement agency, collect information outside the United States about individuals who are not United States persons. Such elements may collect such information notwithstanding that the law enforcement agency intends to use the information collected for purposes of a law enforcement investigation or counterintelligence investigation.
(b) Limitation on assistance by elements of Department of Defense (1) With respect to elements within the Department of Defense, the authority in subsection (a) applies only to the following:
(A) The National Security Agency.
(B) The National Reconnaissance Office.
(C) The National Geospatial-Intelligence Agency.
(D) The Defense Intelligence Agency.
(2) Assistance provided under this section by elements of the Department of Defense may not include the direct participation of a member of the Army, Navy, Air Force, or Marine Corps in an arrest or similar activity.
(3) Assistance may not be provided under this section by an element of the Department of Defense if the provision of such assistance will adversely affect the military preparedness of the United States.
(4) The Secretary of Defense shall prescribe regulations governing the exercise of authority under this section by elements of the Department of Defense, including regulations relating to the protection of sources and methods in the exercise of such authority.
(c) Definitions For purposes of subsection (a):
(1) The term “United States law enforcement agency” means any department or agency of the Federal Government that the Attorney General designates as law enforcement agency for purposes of this section.
(2) The term “United States person” means the following:
(A) A United States citizen.
(B) An alien known by the intelligence agency concerned to be a permanent resident alien.
(C) An unincorporated association substantially composed of United States citizens or permanent resident aliens.
(D) A corporation incorporated in the United States, except for a corporation directed and controlled by a foreign government or governments.
(July 26, 1947, ch. 343, title I, § 105A, as added Pub. L. 104293, title VIII, § 814(a), Oct. 11, 1996, 110 Stat. 3483; amended Pub. L. 108136, div. A, title IX, § 921(e)(3), Nov. 24, 2003, 117 Stat. 1569.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 4035a of this title prior to editorial reclassification and renumbering as this section.
Amendments2003—Subsec. (b)(1)(C). Pub. L. 108136 substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”.
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# 50 U.S.C. § 3040 - Disclosure of foreign intelligence acquired in criminal investigations; notice of criminal investigations of foreign intelligence sources
## Text
(a) Disclosure of foreign intelligence (1) Except as otherwise provided by law and subject to paragraph (2), the Attorney General, or the head of any other department or agency of the Federal Government with law enforcement responsibilities, shall expeditiously disclose to the Director of National Intelligence, pursuant to guidelines developed by the Attorney General in consultation with the Director, foreign intelligence acquired by an element of the Department of Justice or an element of such department or agency, as the case may be, in the course of a criminal investigation.
(2) The Attorney General by regulation and in consultation with the Director may provide for exceptions to the applicability of paragraph (1) for one or more classes of foreign intelligence, or foreign intelligence with respect to one or more targets or matters, if the Attorney General determines that disclosure of such foreign intelligence under that paragraph would jeopardize an ongoing law enforcement investigation or impair other significant law enforcement interests.
(b) Procedures for notice of criminal investigations Not later than 180 days after October 26, 2001, the Attorney General, in consultation with the Director of National Intelligence, shall develop guidelines to ensure that after receipt of a report from an element of the intelligence community of activity of a foreign intelligence source or potential foreign intelligence source that may warrant investigation as criminal activity, the Attorney General provides notice to the Director, within a reasonable period of time, of his intention to commence, or decline to commence, a criminal investigation of such activity.
(c) Procedures The Attorney General shall develop procedures for the administration of this section, including the disclosure of foreign intelligence by elements of the Department of Justice, and elements of other departments and agencies of the Federal Government, under subsection (a) and the provision of notice with respect to criminal investigations under subsection (b).
(July 26, 1947, ch. 343, title I, § 105B, as added Pub. L. 10756, title IX, § 905(a)(2), Oct. 26, 2001, 115 Stat. 388; amended Pub. L. 108458, title I, § 1071(a)(1)(G), (H), (2)(B), (C), Dec. 17, 2004, 118 Stat. 3689, 3690.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 4035b of this title prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 105B of act July 26, 1947, ch. 343, title I, as added Pub. L. 106120, title V, § 501(a)(1), Dec. 3, 1999, 113 Stat. 1616, which related to protection of operational files of the National Imagery and Mapping Agency, was renumbered by subsequent acts and transferred. See section 3142 of this title.
Amendments2004—Subsec. (a)(1). Pub. L. 108458, § 1071(a)(1)(G), substituted “Director of National Intelligence” for “Director of Central Intelligence”. Subsec. (a)(2). Pub. L. 108458, § 1071(a)(2)(B), struck out “of Central Intelligence” after “Director”. Subsec. (b). Pub. L. 108458, § 1071(a)(2)(C), struck out “of Central Intelligence” after “notice to the Director”. Pub. L. 108458, § 1071(a)(1)(H), substituted “with the Director of National Intelligence” for “with the Director of Central Intelligence”.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentFor Determination by President that amendment by Pub. L. 108458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
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# 50 U.S.C. § 3040a - Prohibition on collection and maintenance of information of United States persons based on first amendment-protected activities
## Text
No element of the intelligence community may collect or maintain information concerning a United States person (as defined in section 3039 of this title) solely for the purpose of monitoring an activity protected by the first amendment to the Constitution of the United States.
(July 26, 1947, ch. 343, title I, § 105C, as added Pub. L. 117103, div. X, title III, § 303, Mar. 15, 2022, 136 Stat. 965.)
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# 50 U.S.C. § 3041 - Appointment of officials responsible for intelligence-related activities
## Text
(a) Recommendation of DNI in certain appointments (1) In the event of a vacancy in a position referred to in paragraph (2), the Director of National Intelligence shall recommend to the President an individual for nomination to fill the vacancy.
(2) Paragraph (1) applies to the following positions:
(A) The Principal Deputy Director of National Intelligence.
(B) The Director of the Central Intelligence Agency.
(b) Concurrence of DNI in appointments to positions in the intelligence community (1) In the event of a vacancy in a position referred to in paragraph (2), the head of the department or agency having jurisdiction over the position shall obtain the concurrence of the Director of National Intelligence before appointing an individual to fill the vacancy or recommending to the President an individual to be nominated to fill the vacancy. If the Director does not concur in the recommendation, the head of the department or agency concerned may not fill the vacancy or make the recommendation to the President (as the case may be). In the case in which the Director does not concur in such a recommendation, the Director and the head of the department or agency concerned may advise the President directly of the intention to withhold concurrence or to make a recommendation, as the case may be.
(2) Paragraph (1) applies to the following positions:
(A) The Director of the National Security Agency.
(B) The Director of the National Reconnaissance Office.
(C) The Director of the National Geospatial-Intelligence Agency.
(D) The Assistant Secretary of State for Intelligence and Research.
(E) The Director of the Office of Intelligence and Counterintelligence of the Department of Energy.
(F) The Assistant Secretary for Intelligence and Analysis of the Department of the Treasury.
(G) The Executive Assistant Director for Intelligence of the Federal Bureau of Investigation or any successor to that position.
(H) The Under Secretary of Homeland Security for Intelligence and Analysis.
(c) Consultation with DNI in certain positions (1) In the event of a vacancy in a position referred to in paragraph (2), the head of the department or agency having jurisdiction over the position shall consult with the Director of National Intelligence before appointing an individual to fill the vacancy or recommending to the President an individual to be nominated to fill the vacancy.
(2) Paragraph (1) applies to the following positions:
(A) The Director of the Defense Intelligence Agency.
(B) The Assistant Commandant of the Coast Guard for Intelligence.
(C) The Assistant Attorney General designated as the Assistant Attorney General for National Security under section 507A of title 28.
(July 26, 1947, ch. 343, title I, § 106, as added Pub. L. 102496, title VII, § 706(a), Oct. 24, 1992, 106 Stat. 3195; amended Pub. L. 103359, title V, § 501(a)(3), Oct. 14, 1994, 108 Stat. 3428; Pub. L. 104293, title VIII, § 815(a), Oct. 11, 1996, 110 Stat. 3484; Pub. L. 107108, title III, § 308, Dec. 28, 2001, 115 Stat. 1399; Pub. L. 108136, div. A, title IX, § 921(e)(5), Nov. 24, 2003, 117 Stat. 1569; Pub. L. 108177, title I, § 105(c), Dec. 13, 2003, 117 Stat. 2603; Pub. L. 108458, title I, § 1014, Dec. 17, 2004, 118 Stat. 3663; Pub. L. 109177, title V, § 506(a)(4), Mar. 9, 2006, 120 Stat. 247; Pub. L. 11053, title V, § 531(b)(5), Aug. 3, 2007, 121 Stat. 334; Pub. L. 11692, div. E, title LXVII, §§ 6742(b)(2), 6744(c), Dec. 20, 2019, 133 Stat. 2239, 2241.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 4036 of this title prior to editorial reclassification and renumbering as this section.
Amendments2019—Pub. L. 11692, § 6742(b)(2)(A), made technical amendment to section designation in original. Subsec. (b)(2)(E). Pub. L. 11692, § 6744(c)(1), inserted “and Counterintelligence” after “Office of Intelligence”. Subsec. (b)(2)(F) to (H). Pub. L. 11692, § 6744(c)(2), (3), redesignated subpars. (G) to (I) as (F) to (H), respectively, and struck out former subpar. (F) which read as follows: “The Director of the Office of Counterintelligence of the Department of Energy.” Subsec. (b)(2)(I). Pub. L. 11692, § 6744(c)(3), redesignated subpar. (I) as (H). Pub. L. 11692, § 6742(b)(2)(B), realigned margin. 2007—Subsec. (b)(2)(I). Pub. L. 11053 amended subpar. (I) generally. Prior to amendment, subpar. (I) read as follows: “The Assistant Secretary of Homeland Security for Information Analysis.” 2006—Subsec. (c)(2)(C). Pub. L. 109177 added subpar. (C). 2004—Pub. L. 108458 amended text generally, substituting provisions relating to involvement of Director of National Intelligence in appointments, consisting of subsecs. (a) to (c), for provisions relating to involvement of Director of Central Intelligence in appointments, consisting of subsecs. (a) and (b). 2003—Subsec. (a)(2)(C). Pub. L. 108136 substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”. Subsec. (b)(2)(E). Pub. L. 108177 added subpar. (E). 2001—Subsec. (b)(2)(C), (D). Pub. L. 107108 added subpars. (C) and (D) and struck out former subpar. (C) which read as follows: “The Director of the Office of Nonproliferation and National Security of the Department of Energy.” 1996—Pub. L. 104293 amended section generally, substituting provisions relating to appointment of individuals responsible for intelligence-related activities for provisions relating to administrative provisions pertaining to defense elements within the intelligence community. 1994—Subsec. (b). Pub. L. 103359 substituted “Central Imagery Office” for “central imagery authority” in heading and text.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentFor Determination by President that amendment by Pub. L. 108458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108458, set out as an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
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# 50 U.S.C. § 3041a - Director of the National Reconnaissance Office
## Text
(a) In general There is a Director of the National Reconnaissance Office.
(b) Appointment The Director of the National Reconnaissance Office shall be appointed by the President, by and with the advice and consent of the Senate.
(c) Functions and duties The Director of the National Reconnaissance Office shall be the head of the National Reconnaissance Office and shall discharge such functions and duties as are provided by this chapter or otherwise by law or executive order.
(d) Advisory Board (1) Establishment There is established in the National Reconnaissance Office an advisory board (in this section referred to as the “Board”).
(2) Duties The Board shall—
(A) study matters relating to the mission of the National Reconnaissance Office, including with respect to promoting innovation, competition, and resilience in space, overhead reconnaissance, acquisition, and other matters; and
(B) advise and report directly to the Director with respect to such matters.
(3) Members (A) Number and appointment (i) In general The Board shall be composed of up to 8 members appointed by the Director, in consultation with the Director of National Intelligence and the Secretary of Defense, from among individuals with demonstrated academic, government, business, or other expertise relevant to the mission and functions of the National Reconnaissance Office, and who do not present any actual or potential conflict of interest.
(ii) Membership structure The Director shall ensure that no more than 2 concurrently serving members of the Board qualify for membership on the Board based predominantly on a single qualification set forth under clause (i).
(iii) Notification Not later than 30 days after the date on which the Director appoints a member to the Board, the Director shall notify the congressional intelligence committees and the congressional defense committees (as defined in section 101(a) of title 10) of such appointment.
(B) Terms Each member shall be appointed for a term of 2 years. Except as provided by subparagraph (C), a member may not serve more than three terms.
(C) Vacancy Any member appointed to fill a vacancy occurring before the expiration of the term for which the members predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that members term until a successor has taken office.
(D) Chair The Board shall have a Chair, who shall be appointed by the Director from among the members.
(E) Travel expenses Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5.
(F) Executive secretary The Director may appoint an executive secretary, who shall be an employee of the National Reconnaissance Office, to support the Board.
(4) Meetings The Board shall meet not less than quarterly, but may meet more frequently at the call of the Director.
(5) Charter The Director shall establish a charter for the Board that includes the following:
(A) Mandatory processes for identifying potential conflicts of interest, including the submission of initial and periodic financial disclosures by Board members.
(B) The vetting of potential conflicts of interest by the designated agency ethics official, except that no individual waiver may be granted for a conflict of interest identified with respect to the Chair of the Board.
(C) The establishment of a process and associated protections for any whistleblower alleging a violation of applicable conflict of interest law, Federal contracting law, or other provision of law.
(6) Reports Not later than March 31 of each year, the Board shall submit to the Director and to the congressional intelligence committees a report on the activities and significant findings of the Board during the preceding year.
(7) Nonapplicability of certain requirements The Federal Advisory Committee Act (5 U.S.C. App.) 11 See References in Text note below. shall not apply to the Board.
(8) Termination The Board shall terminate on August 31, 2027.
(July 26, 1947, ch. 343, title I, § 106A, as added Pub. L. 113126, title IV, § 411(a), July 7, 2014, 128 Stat. 1409; amended Pub. L. 11692, div. E, title LXIV, § 6433(a), Dec. 20, 2019, 133 Stat. 2200; Pub. L. 117263, div. F, title LXIV, § 6431, Dec. 23, 2022, 136 Stat. 3532; Pub. L. 118159, div. F, title LXIII, § 6304, Dec. 23, 2024, 138 Stat. 2473.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (c), 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 chapter. For complete classification of this Act to the Code, see Tables. The Federal Advisory Committee Act, referred to in subsec. (d)(7), is Pub. L. 92463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.
Amendments2024—Subsec. (d)(3)(A)(i). Pub. L. 118159, § 6304(1)(A), substituted “up to 8 members appointed by the Director” for “five members appointed by the Director” and inserted “, and who do not present any actual or potential conflict of interest” before period at end. Subsec. (d)(3)(A)(ii), (iii). Pub. L. 118159, § 6304(1)(B), (C), added cl. (ii) and redesignated former cl. (ii) as (iii). Subsec. (d)(5) to (7). Pub. L. 118159, § 6304(2), (3), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively. Former par. (7) redesignated (8). Subsec. (d)(8). Pub. L. 118159, § 6304(2), (4), redesignated par. (7) as (8) and substituted “August 31, 2027” for “September 30, 2024”. 2022—Subsec. (d)(3)(A)(i). Pub. L. 117263, § 6431(1), inserted “, in consultation with the Director of National Intelligence and the Secretary of Defense,” after “Director”. Subsec. (d)(7). Pub. L. 117263, § 6431(2), substituted “September 30, 2024” for “the date that is 3 years after the date of the first meeting of the Board”. 2019—Subsec. (d). Pub. L. 11692 added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 113126, title IV, § 413, July 7, 2014, 128 Stat. 1410, as amended by Pub. L. 117286, § 4(b)(12), Dec. 27, 2022, 136 Stat. 4344, provided that: “(a) In General.—The amendments made by sections 411 [enacting this section] and 412 [amending sections 8G and 12 of Pub. L. 95452, formerly set out in the Appendix to Title 5, Government Organization and Employees] shall take effect on October 1, 2014, and shall apply upon the earlier of—“(1) in the case of section 411—“(A) the date of the first nomination by the President of an individual to serve as the Director of the National Reconnaissance Office that occurs on or after October 1, 2014; or “(B) the date of the cessation of the performance of the duties of the Director of the National Reconnaissance Office by the individual performing such duties on October 1, 2014; and “(2) in the case of section 412—“(A) the date of the first nomination by the President of an individual to serve as the Inspector General of the National Reconnaissance Office that occurs on or after October 1, 2014; or “(B) the date of the cessation of the performance of the duties of the Inspector General of the National Reconnaissance Office by the individual performing such duties on October 1, 2014. “(b) Exception for Initial Nominations.—Notwithstanding paragraph (1)(A) or (2)(A) of subsection (a), an individual serving as the Director of the National Reconnaissance Office or the Inspector General of the National Reconnaissance Office on the date that the President first nominates an individual for such position on or after October 1, 2014, may continue to perform in that position after such date of nomination and until the individual appointed to the position, by and with the advice and consent of the Senate, assumes the duties of the position. “(c) Incumbent Inspector General.—The individual serving as Inspector General of the National Reconnaissance Office on the date of the enactment of this Act [July 7, 2014] shall be eligible to be appointed by the President to a new term of service under section 403 of title 5, United States Code, by and with the advice and consent of the Senate.”
Initial AppointmentsPub. L. 11692, div. E, title LXIV, § 6433(b), Dec. 20, 2019, 133 Stat. 2201, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Director of the National Reconnaissance Office shall appoint the initial five members to the advisory board under subsection (d) of section 106A of the National Security Act of 1947 (50 U.S.C. 3041a), as added by subsection (a).”
Position of Importance and ResponsibilityPub. L. 113126, title IV, § 411(b), July 7, 2014, 128 Stat. 1409, provided that: “(1) In general.—The President may designate the Director of the National Reconnaissance Office as a position of importance and responsibility under section 601 of title 10, United States Code. “(2) Effective date.—Paragraph (1) shall take effect on the date of the enactment of this Act [July 7, 2014].”
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# 50 U.S.C. § 3042 - Repealed. Pub. L. 11692, div. E, title LXVII, § 6742(b)(3), Dec. 20, 2019, 133 Stat. 2240
## Notes
Section, act July 26, 1947, ch. 343, title I, § 107, formerly § 103, 61 Stat. 499; Sept. 3, 1954, ch. 1263, § 50, 68 Stat. 1244; renumbered § 107, Pub. L. 102496, title VII, § 705(a)(2), Oct. 24, 1992, 106 Stat. 3190, related to emergency preparedness functions of the Director of the Office of Defense Mobilization.
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# 50 U.S.C. § 3043a - National intelligence strategy
## Text
(a) In general Beginning in 2017, and once every 4 years thereafter, the Director of National Intelligence shall develop a comprehensive national intelligence strategy to meet national security objectives for the following 4-year period, or a longer period, if appropriate.
(b) Requirements Each national intelligence strategy required by subsection (a) shall—
(1) delineate a national intelligence strategy consistent with—
(A) the most recent national security strategy report submitted pursuant to section 3043 of this title;
(B) the strategic plans of other relevant departments and agencies of the United States; and
(C) other relevant national-level plans;
(2) address matters related to national and military intelligence, including counterintelligence;
(3) identify the major national security missions that the intelligence community is currently pursuing and will pursue in the future to meet the anticipated security environment;
(4) describe how the intelligence community will utilize personnel, technology, partnerships, and other capabilities to pursue the major national security missions identified in paragraph (3);
(5) assess current, emerging, and future threats to the intelligence community, including threats from foreign intelligence and security services and insider threats;
(6) outline the organizational roles and missions of the elements of the intelligence community as part of an integrated enterprise to meet customer demands for intelligence products, services, and support;
(7) identify sources of strategic, institutional, programmatic, fiscal, and technological risk; and
(8) analyze factors that may affect the intelligence communitys performance in pursuing the major national security missions identified in paragraph (3) during the following 10-year period.
(c) Submission to Congress The Director of National Intelligence shall submit to the congressional intelligence committees a report on each national intelligence strategy required by subsection (a) not later than 45 days after the date of the completion of such strategy.
(July 26, 1947, ch. 343, title I, § 108A, as added Pub. L. 113293, title III, § 303(a), Dec. 19, 2014, 128 Stat. 3994.)
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# 50 U.S.C. § 3043b - Annual reports on worldwide threats
## Text
(a) Definition of appropriate congressional committees In this section, the term “appropriate congressional committees” means—
(1) the congressional intelligence committees; and
(2) the Committees on Armed Services of the House of Representatives and the Senate.
(b) Annual reports Not later than the first Monday in February 2021, and each year thereafter, the Director of National Intelligence, in coordination with the heads of the elements of the intelligence community, shall submit to the appropriate congressional committees a report containing an assessment of the intelligence community with respect to worldwide threats to the national security of the United States.
(c) Form Each report under subsection (b) shall be submitted in unclassified form, but may include a classified annex only for the protection of intelligence sources and methods relating to the matters contained in the report.
(d) Hearings (1) Open hearings Upon request by the appropriate congressional committees, the Director (and any other head of an element of the intelligence community determined appropriate by the committees in consultation with the Director) shall testify before such committees in an open setting regarding a report under subsection (b).
(2) Closed hearings Any information that may not be disclosed during an open hearing under paragraph (1) in order to protect intelligence sources and methods may instead be discussed in a closed hearing that immediately follows such open hearing.
(July 26, 1947, ch. 343, title I, § 108B, as added Pub. L. 116260, div. W, title VI, § 617(a), Dec. 27, 2020, 134 Stat. 2400.)
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# 50 U.S.C. § 3044 - Software licensing
## Text
(a) Requirement for inventories of software licenses The chief information officer of each element of the intelligence community, in consultation with the Chief Information Officer of the Intelligence Community, shall biennially—
(1) conduct an inventory of all existing software licenses of such element, including utilized and unutilized licenses;
(2) assess the actions that could be carried out by such element to achieve the greatest possible economies of scale and associated cost savings in software procurement and usage, including—
(A) increasing the centralization of the management of software licenses;
(B) increasing the regular tracking and maintaining of comprehensive inventories of software licenses using automated discovery and inventory tools and metrics;
(C) analyzing software license data to inform investment decisions; and
(D) providing appropriate personnel with sufficient software licenses management training; and
(3) submit to the Chief Information Officer of the Intelligence Community each inventory required by paragraph (1) and each assessment required by paragraph (2).
(b) Inventories by the Chief Information Officer of the Intelligence Community The Chief Information Officer of the Intelligence Community, based on the inventories and assessments required by subsection (a), shall biennially—
(1) compile an inventory of all existing software licenses of the intelligence community, including utilized and unutilized licenses;
(2) assess the actions that could be carried out by the intelligence community to achieve the greatest possible economies of scale and associated cost savings in software procurement and usage, including—
(A) increasing the centralization of the management of software licenses;
(B) increasing the regular tracking and maintaining of comprehensive inventories of software licenses using automated discovery and inventory tools and metrics;
(C) analyzing software license data to inform investment decisions; and
(D) providing appropriate personnel with sufficient software licenses management training; and
(3) based on the assessment required under paragraph (2), make such recommendations with respect to software procurement and usage to the Director of National Intelligence as the Chief Information Officer considers appropriate.
(c) Reports to Congress The Chief Information Officer of the Intelligence Community shall submit to the congressional intelligence committees a copy of each inventory compiled under subsection (b)(1).
(d) Implementation of recommendations Not later than 180 days after the date on which the Director of National Intelligence receives recommendations from the Chief Information Officer of the Intelligence Community in accordance with subsection (b)(3), the Director of National Intelligence shall, to the extent practicable, issue guidelines for the intelligence community on software procurement and usage based on such recommendations.
(July 26, 1947, ch. 343, title I, § 109, as added Pub. L. 113126, title III, § 307(a), July 7, 2014, 128 Stat. 1396; amended Pub. L. 113293, title III, § 304, Dec. 19, 2014, 128 Stat. 3995.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3044, act July 26, 1947, ch. 343, title I, § 109, as added Pub. L. 103178, title III, § 304(a), Dec. 3, 1993, 107 Stat. 2034; amended Pub. L. 104293, title VIII, § 803(a), (b)(1), Oct. 11, 1996, 110 Stat. 3475, 3476; Pub. L. 10665, div. A, title X, § 1067(16), Oct. 5, 1999, 113 Stat. 775; Pub. L. 107306, title VIII, § 811(b)(1)(B), Nov. 27, 2002, 116 Stat. 2422, related to annual report on intelligence, prior to repeal by Pub. L. 111259, title III, § 347(a), Oct. 7, 2010, 124 Stat. 2698.
Amendments2014—Subsec. (a)(2). Pub. L. 113293, § 304(1), substituted “usage, including—” for “usage; and” in introductory provisions and added subpars. (A) to (D). Subsec. (b)(2). Pub. L. 113293, § 304(2)(B), substituted “usage, including—” for “usage.” in introductory provisions and added subpars. (A) to (D). Subsec. (b)(3). Pub. L. 113293, § 304(2)(A), (C), added par. (3). Subsec. (d). Pub. L. 113293, § 304(3), added subsec. (d).
Statutory Notes and Related Subsidiaries
Initial InventoryPub. L. 113126, title III, § 307(b), July 7, 2014, 128 Stat. 1397, provided that: “(1) Intelligence community elements.—“(A) Date.—Not later than 120 days after the date of the enactment of this Act [July 7, 2014], the chief information officer of each element of the intelligence community shall complete the initial inventory, assessment, and submission required under section 109(a) of the National Security Act of 1947 [50 U.S.C. 3044(a)], as added by subsection (a) of this section. “(B) Basis.—The initial inventory conducted for each element of the intelligence community under section 109(a)(1) of the National Security Act of 1947 [50 U.S.C. 3044(a)(1)], as added by subsection (a) of this section, shall be based on the inventory of software licenses conducted pursuant to section 305 of the Intelligence Authorization Act for Fiscal Year 2013 (Public Law 112277; 126 Stat. 2472) for such element. “(2) Chief information officer of the intelligence community.—Not later than 180 days after the date of the enactment of this Act [July 7, 2014], the Chief Information Officer of the Intelligence Community shall complete the initial compilation and assessment required under section 109(b) of the National Security Act of 1947 [50 U.S.C. 3044(b)], as added by subsection (a).” [For definition of “intelligence community” as used in section 307(b) of Pub. L. 113126, set out above, see section 2 of Pub. L. 113126, set out as a note under section 3003 of this title.]
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# 50 U.S.C. § 3045 - National mission of National Geospatial-Intelligence Agency
## Text
(a) In general In addition to the Department of Defense missions set forth in section 442 of title 10, the National Geospatial-Intelligence Agency shall support the geospatial intelligence requirements of the Department of State and other departments and agencies of the United States outside the Department of Defense.
(b) Requirements and priorities The Director of National Intelligence shall establish requirements and priorities governing the collection of national intelligence by the National Geospatial-Intelligence Agency under subsection (a).
(c) Correction of deficiencies The Director of National Intelligence shall develop and implement such programs and policies as the Director and the Secretary of Defense jointly determine necessary to review and correct deficiencies identified in the capabilities of the National Geospatial-Intelligence Agency to accomplish assigned national missions, including support to the all-source analysis and production process. The Director shall consult with the Secretary of Defense on the development and implementation of such programs and policies. The Secretary shall obtain the advice of the Chairman of the Joint Chiefs of Staff regarding the matters on which the Director and the Secretary are to consult under the preceding sentence.
(July 26, 1947, ch. 343, title I, § 110, formerly § 120, as added Pub. L. 104201, div. A, title XI, § 1114(b), Sept. 23, 1996, 110 Stat. 2685; renumbered § 110, Pub. L. 105107, title III, § 303(b), Nov. 20, 1997, 111 Stat. 2252; amended Pub. L. 108136, div. A, title IX, § 921(c)(2), (e)(6), Nov. 24, 2003, 117 Stat. 1568, 1569; Pub. L. 108458, title I, § 1071(a)(1)(I), (J), Dec. 17, 2004, 118 Stat. 3689.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 404e of this title prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 110 of title I of act July 26, 1947, ch. 343, was classified to section 404g of this title prior to being renumbered section 112 by Pub. L. 105107, title III, §303(b), Nov. 20, 1997, 111 Stat. 2252. Section 404g of this title was subsequently editorially reclassified and renumbered section 3047 of this title.
Amendments2004—Subsec. (b). Pub. L. 108458, § 1071(a)(1)(I), substituted “Director of National Intelligence” for “Director of Central Intelligence”. Subsec. (c). Pub. L. 108458, § 1071(a)(1)(J), substituted “Director of National Intelligence” for “Director of Central Intelligence”. 2003—Pub. L. 108136, § 921(e)(6)(B), substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency” in section catchline. Subsec. (a). Pub. L. 108136, § 921(c)(2), (e)(6)(A), substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency” and “geospatial intelligence” for “imagery”. Subsecs. (b), (c). Pub. L. 108136, § 921(e)(6)(A), substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentFor Determination by President that amendment by Pub. L. 108458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Research Partnership on Activities of Peoples Republic of ChinaPub. L. 116260, div. W, title VI, § 612, Dec. 27, 2020, 134 Stat. 2395, provided that: “(a) Research Partnership.—“(1) Requirement.—Not later than 180 days after the date of the enactment of this Act [Dec. 27, 2020], the Director of the National Geospatial-Intelligence Agency shall seek to enter into a partnership with an academic or non-profit research institution to—“(A) carry out joint unclassified geospatial intelligence analyses of the activities of the Peoples Republic of China that pose risks to the national security interests of the United States; and “(B) make available on a publicly available internet website unclassified geospatial intelligence products relating to such analyses. “(2) Elements.—The Director shall ensure that the activities of China analyzed under paragraph (1)(A) include the following:“(A) Any notable developments relating to the global activities of the Peoples Liberation Army Ground Force, the Peoples Liberation Army Navy, the Peoples Liberation Army Air Force, the Peoples Liberation Army Rocket Force, the Peoples Liberation Army Strategic Support Force, and the Chinese Peoples Armed Police Force Coast Guard Corps. “(B) Infrastructure projects associated with the One Belt, One Road Initiative. “(C) Maritime land reclamation activities conducted by China in the South China Sea, the Indian Ocean region, and the broader maritime commons. “(D) Matters relevant to global public health and climate security, including—“(i) indications and warnings of disease outbreaks with pandemic potential; “(ii) the activities of China likely contributing to climate change; and “(iii) any environmental degradation directly resulting from the practices of China. “(3) Consortium.—In carrying out paragraph (1), the Director may enter into a partnership with—“(A) one research institution; or “(B) a consortium of research institutions if the Director determines that the inclusion of multiple institutions will result in more effective research conducted pursuant to this section or improve the outcomes of such research. “(4) Duration.—The Director shall carry out a partnership under this section for a period that is not less than 10 years following the date of the enactment of this Act. “(5) Improvements to partnership.—The Director may modify the partnership under paragraph (1) or select a new research institution with which to enter into such a partnership if—“(A) the Director consults with the congressional intelligence committees with respect to the proposed modified or new partnership; “(B) the modified or new partnership is carried out in accordance with this section; and “(C) the Director determines that the modified or new partnership will result in more effective research conducted pursuant to this section or improve the outcomes of such research. “(b) Open-Source Data.—“(1) Identification and publication.—During the life of the partnership under subsection (a), the Director shall regularly—“(A) identify raw, unclassified geospatial data that could improve the research conducted under the partnership if the data was made publicly available; and “(B) make such data publicly available. “(2) Consultation.—The Director shall carry out paragraph (1) in consultation with the research institution or consortium of research institutions involved with the partnership under subsection (a). “(c) Briefings.—Not later than 270 days after the date of the enactment of this Act, and annually thereafter during the life of the partnership under subsection (a), the Director shall provide to the appropriate congressional committees a briefing on the partnership. Each such briefing shall include the following:“(1) The outcomes of research conducted under the partnership. “(2) Identification of the actions that have been taken to increase the quantity and quality of unclassified geospatial analysis products made publicly available under the partnership, including the quantity and types of raw data the partnership has made publicly available. “(3) Identification of actual and projected costs to carry out the partnership. “(d) Appropriate Congressional Committees Defined.—In this section, the term appropriate congressional committees means—“(1) the congressional intelligence committees [Select Committee on Intelligence and Committee on Appropriations of the Senate and Permanent Select Committee on Intelligence and Committee on Appropriations of the House of Representatives]; “(2) Committee on Foreign Relations and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and “(3) Committee on Foreign Affairs and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.”
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# 50 U.S.C. § 3046 - Repealed. Pub. L. 108458, title I, § 1075, Dec. 17, 2004, 118 Stat. 3694
## Notes
Section, act July 26, 1947, ch. 343, title I, § 111, formerly § 121, as added Pub. L. 104201, div. A, title XI, § 1114(c), Sept. 23, 1996, 110 Stat. 2685; renumbered § 111, Pub. L. 105107, title III, § 303(b), Nov. 20, 1997, 111 Stat. 2252, related to collection tasking authority of Director of Central Intelligence.
Section was formerly classified to section 404f of this title and repealed prior to editorial reclassification and renumbering as this section.
Statutory Notes and Related Subsidiaries
Effective Date of RepealFor Determination by President that repeal take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Repeal effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
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# 50 U.S.C. § 3047 - Restrictions on intelligence sharing with United Nations
## Text
(a) Provision of intelligence information to United Nations (1) No United States intelligence information may be provided to the United Nations or any organization affiliated with the United Nations, or to any officials or employees thereof, unless the President certifies to the appropriate committees of Congress that the Director of National Intelligence, in consultation with the Secretary of State and the Secretary of Defense, has established and implemented procedures, and has worked with the United Nations to ensure implementation of procedures, for protecting from unauthorized disclosure United States intelligence sources and methods connected to such information.
(2) Paragraph (1) may be waived upon written certification by the President to the appropriate committees of Congress that providing such information to the United Nations or an organization affiliated with the United Nations, or to any officials or employees thereof, is in the national security interests of the United States.
(b) Delegation of duties The President may not delegate or assign the duties of the President under this section.
(c) Relationship to existing law Nothing in this section shall be construed to—
(1) impair or otherwise affect the authority of the Director of National Intelligence to protect intelligence sources and methods from unauthorized disclosure pursuant to section 3024(h) of this title; or
(2) supersede or otherwise affect the provisions of subchapter III of this chapter.
(d) “Appropriate committees of Congress” defined As used in this section, the term “appropriate committees of Congress” means the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate and the Committee on Foreign Relations and the Permanent Select Committee on Intelligence of the House of Representatives.
(July 26, 1947, ch. 343, title I, § 112, formerly § 110, as added Pub. L. 104293, title III, § 308(a), Oct. 11, 1996, 110 Stat. 3466; renumbered § 112, Pub. L. 105107, title III, § 303(b), Nov. 20, 1997, 111 Stat. 2252; amended Pub. L. 107306, title VIII, § 811(b)(1)(C), Nov. 27, 2002, 116 Stat. 2422; Pub. L. 108177, title III, §§ 361(b), 377(a), Dec. 13, 2003, 117 Stat. 2625, 2630; Pub. L. 108458, title I, §§ 1071(a)(1)(K), (L), 1072(a)(4), Dec. 17, 2004, 118 Stat. 3689, 3692; Pub. L. 111259, title III, § 347(b), Oct. 7, 2010, 124 Stat. 2698; Pub. L. 11692, div. E, title LXVII, § 6742(b)(5), Dec. 20, 2019, 133 Stat. 2240; Pub. L. 11960, div. F, title LXIV, § 6402(c)(2)(A)(ii), Dec. 18, 2025, 139 Stat. 1616.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 404g of this title prior to editorial reclassification and renumbering as this section, and to section 404d1 of this title prior to renumbering by Pub. L. 105107. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.
Amendments2025—Subsec. (c)(1). Pub. L. 11960 substituted “section 3024(h)” for “section 3024(i)”. 2019—Subsec. (c)(1). Pub. L. 11692 substituted “section 3024(i)” for “section 3025(c)(7)”. 2010—Subsecs. (b) to (e). Pub. L. 111259 redesignated subsecs. (c) to (e) as (b) to (d), respectively, and struck out former subsec. (b). Prior to amendment, text of subsec. (b) read as follows: “(1) The President shall report annually to the appropriate committees of Congress on the types and volume of intelligence provided to the United Nations and the purposes for which it was provided during the period covered by the report. The President shall also report to the appropriate committees of Congress within 15 days after it has become known to the United States Government that there has been an unauthorized disclosure of intelligence provided by the United States to the United Nations. “(2) The requirement for periodic reports under the first sentence of paragraph (1) shall not apply to the provision of intelligence that is provided only to, and for the use of, appropriately cleared United States Government personnel serving with the United Nations. “(3) In the case of the annual 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 415b of this title.” 2004—Subsec. (a)(1). Pub. L. 108458, § 1071(a)(1)(K), substituted “Director of National Intelligence” for “Director of Central Intelligence”. Subsec. (d)(1). Pub. L. 108458, § 1072(a)(4), which directed amendment of par. (1) by substituting “section 4031(i)” for “section 4033(c)(6)”, could not be executed because the words “section 4033(c)(6)” did not appear after the amendment by Pub. L. 108177, § 377(a). See 2003 Amendment note below. Pub. L. 108458, § 1071(a)(1)(L), substituted “Director of National Intelligence” for “Director of Central Intelligence”. 2003—Subsec. (b). Pub. L. 108177, § 361(b)(1), substituted “Annual” for “Periodic” in heading. Subsec. (b)(1). Pub. L. 108177, § 361(b)(2), substituted “annually” for “semiannually”. Subsec. (b)(3). Pub. L. 108177, § 361(b)(3), substituted “the annual” for “periodic”. Subsec. (d)(1). Pub. L. 108177, § 377(a), substituted “section 4033(c)(7)” for “section 4033(c)(6)”. 2002—Subsec. (b)(3). Pub. L. 107306 added par. (3).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentFor Determination by President that amendment by Pub. L. 108458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Effective Date of 2003 AmendmentAmendment by section 361(b) of Pub. L. 108177 effective Dec. 31, 2003, see section 361(n) of Pub. L. 108177, set out as a note under section 1611 of Title 10, Armed Forces.
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# 50 U.S.C. § 3048 - Detail of intelligence community personnel—Intelligence Community Assignment Program
## Text
(a) Detail (1) Notwithstanding any other provision of law, the head of a department with an element in the intelligence community or the head of an intelligence community agency or element may detail any employee within that department, agency, or element to serve in any position in the Intelligence Community Assignment Program on a reimbursable or a nonreimbursable basis.
(2) Nonreimbursable details may be for such periods as are agreed to between the heads of the parent and host agencies, up to a maximum of three years, except that such details may be extended for a period not to exceed one year when the heads of the parent and host agencies determine that such extension is in the public interest.
(b) Benefits, allowances, travel, incentives (1) An employee detailed under subsection (a) may be authorized any benefit, allowance, travel, or incentive otherwise provided to enhance staffing by the organization from which the employee is detailed.
(2) The head of an agency of an employee detailed under subsection (a) may pay a lodging allowance for the employee subject to the following conditions:
(A) The allowance shall be the lesser of the cost of the lodging or a maximum amount payable for the lodging as established jointly by the Director of National Intelligence and—
(i) with respect to detailed employees of the Department of Defense, the Secretary of Defense; and
(ii) with respect to detailed employees of other agencies and departments, the head of such agency or department.
(B) The detailed employee maintains a primary residence for the employees immediate family in the local commuting area of the parent agency duty station from which the employee regularly commuted to such duty station before the detail.
(C) The lodging is within a reasonable proximity of the host agency duty station.
(D) The distance between the detailed employees parent agency duty station and the host agency duty station is greater than 20 miles.
(E) The distance between the detailed employees primary residence and the host agency duty station is 10 miles greater than the distance between such primary residence and the employees parent duty station.
(F) The rate of pay applicable to the detailed employee does not exceed the rate of basic pay for grade GS15 of the General Schedule.
(July 26, 1947, ch. 343, title I, § 113, as added Pub. L. 105107, title III, § 303(a), Nov. 20, 1997, 111 Stat. 2251; amended Pub. L. 107108, title III, § 304, Dec. 28, 2001, 115 Stat. 1398; Pub. L. 107306, title VIII, § 841(a), Nov. 27, 2002, 116 Stat. 2431; Pub. L. 108458, title I, § 1071(a)(1)(M), Dec. 17, 2004, 118 Stat. 3689.)
## Notes
Editorial Notes
References in TextGS15 of the General Schedule, referred to in subsec. (b)(2)(F), is set out under section 5332 of Title 5, Government Organization and Employees.
Codification Section was formerly classified to section 404h of this title prior to editorial reclassification and renumbering as this section.
Amendments2004—Subsec. (b)(2)(A). Pub. L. 108458 substituted “Director of National Intelligence” for “Director of Central Intelligence” in introductory provisions. 2002—Subsec. (c). Pub. L. 107306 struck out heading and text of subsec. (c). Text read as follows: “Not later than March 1, 1999, and annually thereafter, the Director of Central Intelligence shall submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a report describing the detail of intelligence community personnel pursuant to subsection (a) during the 12-month period ending on the date of the report. The report shall set forth the number of personnel detailed, the identity of parent and host agencies or elements, and an analysis of the benefits of the details.” 2001—Subsec. (b). Pub. L. 107108 designated existing provisions as par. (1) and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentFor Determination by President that amendment by Pub. L. 108458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Effective DatePub. L. 105107, title III, § 303(d), Nov. 20, 1997, 111 Stat. 2252, provided that: “The amendment made by subsection (a) [enacting this section] shall apply to an employee on detail on or after January 1, 1997.”
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# 50 U.S.C. § 3049 - Non-reimbursable detail of other personnel
## Text
An officer or employee of the United States or member of the Armed Forces may be detailed to the staff of an element of the intelligence community funded through the National Intelligence Program from another element of the intelligence community or from another element of the United States Government on a non-reimbursable basis, as jointly agreed to by the heads of the receiving and detailing elements, for a period not to exceed three years. This section does not limit any other source of authority for reimbursable or non-reimbursable details. A non-reimbursable detail made under this section shall not be considered an augmentation of the appropriations of the receiving element of the intelligence community.
(July 26, 1947, ch. 343, title I, § 113A, as added Pub. L. 111259, title III, § 302(a), Oct. 7, 2010, 124 Stat. 2658; amended Pub. L. 11218, title III, § 303(a), June 8, 2011, 125 Stat. 226; Pub. L. 112277, title III, § 303, Jan. 14, 2013, 126 Stat. 2471.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 404h1 of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.
Amendments2013—Pub. L. 112277 substituted “three years.” for “two years.” and inserted at end “A non-reimbursable detail made under this section shall not be considered an augmentation of the appropriations of the receiving element of the intelligence community.” 2011—Pub. L. 11218 amended section generally. Prior to amendment, text read as follows: “Except as provided in section 402c(g)(2) of this title and section 404h of this title, and notwithstanding any other provision of law, an officer or employee of the United States or member of the Armed Forces may be detailed to the staff of an element of the intelligence community funded through the National Intelligence Program from another element of the intelligence community or from another element of the United States Government on a reimbursable or nonreimbursable basis, as jointly agreed to by the head of the receiving element and the head of the detailing element, for a period not to exceed 2 years.”
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# 50 U.S.C. § 3049a - Special pay authority for science, technology, engineering, or mathematics positions and positions requiring banking or financial services expertise
## Text
(a) Special rates of pay for positions requiring expertise in science, technology, engineering, or mathematics or in banking or financial services (1) In general Notwithstanding part III of title 5, the head of each element of the intelligence community may, for one or more categories of positions in such element that require expertise in science, technology, engineering, or mathematics or in banking or financial services (including expertise relating to critical financial infrastructure operations, capital markets, banking compliance programs, or international investments)—
(A) establish higher minimum rates of pay; and
(B) make corresponding increases in all rates of pay of the pay range for each grade or level, subject to subsection (b) or (c), as applicable.
(2) Limitation on number of recipients For each element of the intelligence community, the number of individuals serving in a position in such element who receive a higher rate of pay established or increased under paragraph (1) may not, at any time during a given fiscal year, exceed 50 individuals or 5 percent of the total number of full-time equivalent positions authorized for such element for the preceding fiscal year, whichever is greater.
(3) Treatment The special rate supplements resulting from the establishment of higher rates under paragraph (1) shall be basic pay for the same or similar purposes as those specified in section 5305(j) of title 5.
(b) Special rates of pay for cyber positions (1) In general Notwithstanding subsection (c), the Director of the National Security Agency may establish a special rate of pay—
(A) not to exceed the rate of basic pay payable for level II of the Executive Schedule under section 5313 of title 5 if the Director certifies to the Under Secretary of Defense for Intelligence and Security, in consultation with the Under Secretary of Defense for Personnel and Readiness, that the rate of pay is for positions that perform functions that execute the cyber mission of the Agency; or
(B) not to exceed the rate of basic pay payable for the Vice President of the United States under section 104 of title 3 if the Director certifies to the Secretary of Defense, by name, individuals that have advanced skills and competencies and that perform critical functions that execute the cyber mission of the Agency.
(2) Pay limitation Employees receiving a special rate under paragraph (1) shall be subject to an aggregate pay limitation that parallels the limitation established in section 5307 of title 5, except that—
(A) any allowance, differential, bonus, award, or other similar cash payment in addition to basic pay that is authorized under title 10 (or any other applicable law in addition to title 5, excluding the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.)) shall also be counted as part of aggregate compensation; and
(B) aggregate compensation may not exceed the rate established for the Vice President of the United States under section 104 of title 3.
(3) Limitation on number of recipients The number of individuals who receive basic pay established under paragraph (1)(B) may not exceed 100 at any time.
(4) Limitation on use as comparative reference Notwithstanding any other provision of law, special rates of pay and the limitation established under paragraph (1)(B) may not be used as comparative references for the purpose of fixing the rates of basic pay or maximum pay limitations of qualified positions under section 1599f of title 10 or section 658 of title 6.
(c) Maximum special rate of pay Except as provided in subsection (b), a minimum rate of pay established for a category of positions under subsection (a) may not exceed the maximum rate of basic pay (excluding any locality-based comparability payment under section 5304 of title 5 or similar provision of law) for the position in that category of positions without the authority of subsection (a) by more than 30 percent, and no rate may be established under this section in excess of the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5.
(d) Notification of removal from special rate of pay If the head of an element of the intelligence community removes a category of positions from coverage under a rate of pay authorized by subsection (a) or (b) after that rate of pay takes effect—
(1) the head of such element shall provide notice of the loss of coverage of the special rate of pay to each individual in such category; and
(2) the loss of coverage will take effect on the first day of the first pay period after the date of the notice.
(e) Revision of special rates of pay Subject to the limitations in this section, rates of pay established under this section by the head of an element of the intelligence community may be revised from time to time by the head of such element and the revisions have the force and effect of statute.
(f) Regulations The head of each element of the intelligence community shall promulgate regulations to carry out this section with respect to such element, which shall, to the extent practicable, be comparable to the regulations promulgated to carry out section 5305 of title 5.
(g) Reports (1) Requirement for reports Not later than 90 days after the date of the enactment of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018 and 2019,11 See References in Text note below. the head of each element of the intelligence community shall submit to the congressional intelligence committees a report on any rates of pay established for such element under this section.
(2) Contents Each report required by paragraph (1) shall contain for each element of the intelligence community—
(A) a description of any rates of pay established under subsection (a) or (b); and
(B) the number of positions in such element that will be subject to such rates of pay.
(July 26, 1947, ch. 343, title I, § 113B, as added Pub. L. 11531, div. N, title III, § 305(a), May 5, 2017, 131 Stat. 811; amended Pub. L. 11692, div. E, title LXIII, § 6303, Dec. 20, 2019, 133 Stat. 2186; Pub. L. 117263, div. F, title LXVIII, § 6824(a)(2), div. G, title LXXI, § 7143(d)(6), Dec. 23, 2022, 136 Stat. 3615, 3664; Pub. L. 11831, div. G, title III, § 7311(a), Dec. 22, 2023, 137 Stat. 1029.)
## Notes
Editorial Notes
References in TextThe Fair Labor Standards Act of 1938, referred to in subsec. (b)(2)(A), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables. The date of the enactment of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018 and 2019, referred to in subsec. (g)(1), probably means the date of the enactment of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020, div. E of Pub. L. 11692, which was approved Dec. 20, 2019.
Amendments2023—Pub. L. 11831, § 7311(a)(1), inserted “and positions requiring banking or financial services expertise” after “mathematics positions” in section catchline. Subsec. (a). Pub. L. 11831, § 7311(a)(2)(A), inserted “or in banking or financial services” after “mathematics” in heading. Subsec. (a)(1). Pub. L. 11831, § 7311(a)(2)(B), inserted “or in banking or financial services (including expertise relating to critical financial infrastructure operations, capital markets, banking compliance programs, or international investments)” after “or mathematics” in introductory provisions. Subsec. (a)(2), (3). Pub. L. 11831, § 7311(a)(2)(C), (D), added par. (2) and redesignated former par. (2) as (3). Subsec. (e). Pub. L. 11831, § 7311(a)(3), substituted “an element” for “the element”. 2022—Subsec. (b)(1)(A). Pub. L. 117263, § 6824(a)(2)(A), substituted “Under Secretary of Defense for Intelligence and Security” for “Under Secretary of Defense for Intelligence”. Subsec. (b)(4). Pub. L. 117263, § 7143(d)(6), which directed substitution of “section 658 of title 6” for “226 of the Homeland Security Act of 2002 (6 U.S.C. 147)”, could not be executed because of the substantially identical amendment made by Pub. L. 117263, § 6824(a)(2)(B). See below. Pub. L. 117263, § 6824(a)(2)(B), substituted “section 658 of title 6” for “section 226 of the Homeland Security Act of 2002 (6 U.S.C. 147)”. 2019—Subsec. (a). Pub. L. 11692, § 6303(1), amended subsec. (a) generally. Prior to amendment, text read as follows: “Notwithstanding part III of title 5, the head of each element of the intelligence community may establish higher minimum rates of pay for 1 or more categories of positions in such element that require expertise in science, technology, engineering, or mathematics (STEM).” Subsec. (b). Pub. L. 11692, § 6303(3), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 11692, § 6303(2), (4), redesignated subsec. (b) as (c) and substituted “Except as provided in subsection (b), a minimum” for “A minimum”. Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 11692, § 6303(2), (5), redesignated subsec. (c) as (d) and inserted “or (b)” after “by subsection (a)” in introductory provisions. Former subsec. (d) redesignated (e). Subsecs. (e), (f). Pub. L. 11692, § 6303(2), redesignated subsecs. (d) and (e) as (e) and (f), respectively. Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 11692, § 6303(2), redesignated subsec. (f) as (g). Subsec. (g)(1). Pub. L. 11692, § 6303(6)(A), substituted “Not later than 90 days after the date of the enactment of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018 and 2019” for “Not later than 90 days after May 5, 2017”. Subsec. (g)(2)(A). Pub. L. 11692, § 6303(6)(B), inserted “or (b)” after “subsection (a)”.
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# 50 U.S.C. § 3049b - Enabling intelligence community integration
## Text
(a) Provision of goods or services Subject to and in accordance with any guidance and requirements developed by the Director of National Intelligence, the head of an element of the intelligence community may provide goods or services to another element of the intelligence community without reimbursement or transfer of funds for hoteling initiatives for intelligence community employees and affiliates defined in any such guidance and requirements issued by the Director of National Intelligence.
(b) Approval Prior to the provision of goods or services pursuant to subsection (a), the head of the element of the intelligence community providing such goods or services and the head of the element of the intelligence community receiving such goods or services shall approve such provision.
(c) Hoteling defined In this section, the term “hoteling” means an alternative work arrangement in which employees of one element of the intelligence community are authorized flexible work arrangements to work part of the time at one or more alternative worksite locations, as appropriately authorized.
(July 26, 1947, ch. 343, title I, § 113C, as added Pub. L. 118159, div. F, title LXVI, § 6611(a), Dec. 23, 2024, 138 Stat. 2503.)
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# 50 U.S.C. § 3051 - Repealed. Pub. L. 111259, title III, § 347(c), Oct. 7, 2010, 124 Stat. 2698
## Notes
Section, act July 26, 1947, ch. 343, title I, § 114A, as added Pub. L. 107306, title VIII, § 823(a), Nov. 27, 2002, 116 Stat. 2427; amended Pub. L. 108136, div. A, title IX, § 921(g), Nov. 24, 2003, 117 Stat. 1570; Pub. L. 108458, title I, § 1071(a)(4), Dec. 17, 2004, 118 Stat. 3690, related to annual report on improvement of financial statements for auditing purposes.
Section was formerly classified to section 404i1 of this title and repealed prior to editorial reclassification and renumbering as this section.
Statutory Notes and Related Subsidiaries
Correcting Long-Standing Material WeaknessesPub. L. 111259, title III, § 368, Oct. 7, 2010, 124 Stat. 2705, which provided that senior intelligence management officials be designated to correct long-standing, correctable material weaknesses of certain intelligence elements, was repealed by Pub. L. 11692, div. E, title LXVII, § 6726(a), Dec. 20, 2019, 133 Stat. 2236.
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# 50 U.S.C. § 3052 - Limitation on establishment or operation of diplomatic intelligence support centers
## Text
(a) In general (1) A diplomatic intelligence support center may not be established, operated, or maintained without the prior approval of the Director of National Intelligence.
(2) The Director may only approve the establishment, operation, or maintenance of a diplomatic intelligence support center if the Director determines that the establishment, operation, or maintenance of such center is required to provide necessary intelligence support in furtherance of the national security interests of the United States.
(b) Prohibition of use of appropriations Amounts appropriated pursuant to authorizations by law for intelligence and intelligence-related activities may not be obligated or expended for the establishment, operation, or maintenance of a diplomatic intelligence support center that is not approved by the Director of National Intelligence.
(c) Definitions In this section:
(1) The term “diplomatic intelligence support center” means an entity to which employees of the various elements of the intelligence community (as defined in section 3003(4) of this title) are detailed for the purpose of providing analytical intelligence support that—
(A) consists of intelligence analyses on military or political matters and expertise to conduct limited assessments and dynamic taskings for a chief of mission; and
(B) is not intelligence support traditionally provided to a chief of mission by the Director of National Intelligence.
(2) The term “chief of mission” has the meaning given that term by section 3902(3) of title 22, and includes ambassadors at large and ministers of diplomatic missions of the United States, or persons appointed to lead United States offices abroad designated by the Secretary of State as diplomatic in nature.
(d) Termination This section shall cease to be effective on October 1, 2000.
(July 26, 1947, ch. 343, title I, § 115, as added Pub. L. 106120, title III, § 303(a), Dec. 3, 1999, 113 Stat. 1610; amended Pub. L. 108458, title I, § 1071(a)(1)(P)(R), Dec. 17, 2004, 118 Stat. 3689.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 404j of this title prior to editorial reclassification and renumbering as this section.
Amendments2004—Subsec. (a)(1). Pub. L. 108458, § 1071(a)(1)(P), substituted “Director of National Intelligence” for “Director of Central Intelligence”. Subsec. (b). Pub. L. 108458, § 1071(a)(1)(Q), substituted “Director of National Intelligence” for “Director of Central Intelligence”. Subsec. (c)(1)(B). Pub. L. 108458, § 1071(a)(1)(R), substituted “Director of National Intelligence” for “Director of Central Intelligence”.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentFor Determination by President that amendment by Pub. L. 108458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
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# 50 U.S.C. § 3053 - Travel on any common carrier for certain intelligence collection personnel
## Text
(a) In general Notwithstanding any other provision of law, the Director of National Intelligence may authorize travel on any common carrier when such travel, in the discretion of the Director—
(1) is consistent with intelligence community mission requirements, or
(2) is required for cover purposes, operational needs, or other exceptional circumstances necessary for the successful performance of an intelligence community mission.
(b) Authorized delegation of duty The Director of National Intelligence may only delegate the authority granted by this section to the Principal Deputy Director of National Intelligence, or with respect to employees of the Central Intelligence Agency, to the Director of the Central Intelligence Agency, who may delegate such authority to other appropriate officials of the Central Intelligence Agency.
(July 26, 1947, ch. 343, title I, § 116, as added Pub. L. 106567, title III, § 305(a), Dec. 27, 2000, 114 Stat. 2838; amended Pub. L. 108458, title I, §§ 1071(a)(1)(S), (3)(B), 1072(a)(5), Dec. 17, 2004, 118 Stat. 3689, 3690, 3692; Pub. L. 111259, title IV, § 424, Oct. 7, 2010, 124 Stat. 2728.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 404k of this title prior to editorial reclassification and renumbering as this section.
Amendments2010—Subsec. (b). Pub. L. 111259 substituted “, who may delegate such authority to other appropriate officials of the Central Intelligence Agency.” for the period. 2004—Subsec. (a). Pub. L. 108458, § 1071(a)(1)(S), substituted “Director of National Intelligence” for “Director of Central Intelligence” in introductory provisions. Subsec. (b). Pub. L. 108458, § 1072(a)(5), which directed amendment of subsec. (b) by substituting “to the Principal Deputy Director of National Intelligence, or with respect to employees of the Central Intelligence Agency, to the Director of the Central Intelligence Agency” for “to the Deputy Director of Central Intelligence, or with respect to employees of the Central Intelligence Agency, the Director may delegate such authority to the Deputy Director for Operations”, was executed by making the substitution for “to the Deputy Director of Central Intelligence, or with respect to employees of the Central Intelligence Agency the Director may delegate such authority to the Deputy Director for Operations”, to reflect the probable intent of Congress. Pub. L. 108458, § 1071(a)(3)(B), which directed amendment of subsec. (b) by substituting “Director of National Intelligence” for “Director” each place it appeared, was executed by making the substitution the first place it appeared to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentFor Determination by President that amendment by Pub. L. 108458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
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# 50 U.S.C. § 3054 - POW/MIA analytic capability
## Text
(a) Requirement (1) The Director of National Intelligence shall, in consultation with the Secretary of Defense, establish and maintain in the intelligence community an analytic capability with responsibility for intelligence in support of the activities of the United States relating to individuals who, after December 31, 1990, are unaccounted for United States personnel.
(2) The analytic capability maintained under paragraph (1) shall be known as the “POW/MIA analytic capability of the intelligence community”.
(b) Unaccounted for United States personnel In this section, the term “unaccounted for United States personnel” means the following:
(1) Any missing person (as that term is defined in section 1513(1) of title 10).
(2) Any United States national who was killed while engaged in activities on behalf of the United States and whose remains have not been repatriated to the United States.
(July 26, 1947, ch. 343, title I, § 117, as added Pub. L. 106567, title III, § 307(a), Dec. 27, 2000, 114 Stat. 2839; amended Pub. L. 108458, title I, § 1071(a)(1)(T), Dec. 17, 2004, 118 Stat. 3689.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 404l of this title prior to editorial reclassification and renumbering as this section.
Amendments2004—Subsec. (a)(1). Pub. L. 108458 substituted “Director of National Intelligence” for “Director of Central Intelligence”.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentFor Determination by President that amendment by Pub. L. 108458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
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# 50 U.S.C. § 3055 - Annual report on financial intelligence on terrorist assets
## Text
(a) Annual report On an annual basis, the Secretary of the Treasury (acting through the head of the Office of Intelligence Support) shall submit a report to the appropriate congressional committees that fully informs the committees concerning operations against terrorist financial networks. Each such report shall include with respect to the preceding one-year period—
(1) the total number of asset seizures, designations, and other actions against individuals or entities found to have engaged in financial support of terrorism;
(2) the total number of physical searches of offices, residences, or financial records of individuals or entities suspected of having engaged in financial support for terrorist activity; and
(3) whether the financial intelligence information seized in these cases has been shared on a full and timely basis with the all departments, agencies, and other entities of the United States Government involved in intelligence activities participating in the Foreign Terrorist Asset Tracking Center.
(b) Immediate notification for emergency designation In the case of a designation of an individual or entity, or the assets of an individual or entity, as having been found to have engaged in terrorist activities, the Secretary of the Treasury shall report such designation within 24 hours of such a designation to the appropriate congressional committees.
(c) Submittal date of reports to congressional intelligence committees In the case of the reports required to be submitted under subsection (a) to the congressional intelligence committees, the submittal dates for such reports shall be as provided in section 3106 of this title.
(d) Appropriate congressional committees defined In this section, the term “appropriate congressional committees” means the following:
(1) The Permanent Select Committee on Intelligence, the Committee on Appropriations, the Committee on Armed Services, and the Committee on Financial Services of the House of Representatives.
(2) The Select Committee on Intelligence, the Committee on Appropriations, the Committee on Armed Services, and the Committee on Banking, Housing, and Urban Affairs of the Senate.
(July 26, 1947, ch. 343, title I, § 118, as added Pub. L. 107306, title III, § 342(a)(1), Nov. 27, 2002, 116 Stat. 2398; amended Pub. L. 111259, title III, § 347(d), Oct. 7, 2010, 124 Stat. 2698; Pub. L. 117263, div. F, title LXVIII, § 6824(a)(3), Dec. 23, 2022, 136 Stat. 3615.)
## Notes
Repeal of SectionFor repeal of section by section 6801(a)(1)(A) of Pub. L. 11960, see Effective Date of Repeal note below.
Editorial Notes
Codification Section was formerly classified to section 404m of this title prior to editorial reclassification and renumbering as this section.
Amendments2022—Subsec. (a). Pub. L. 117263 substituted “an annual” for “a annual” in introductory provisions. 2010—Pub. L. 111259, § 347(d)(1), substituted “Annual” for “Semiannual” in section catchline. Subsec. (a). Pub. L. 111259, § 347(d)(2)(A), (B), in heading, substituted “Annual” for “Semiannual” and, in introductory provisions, substituted “annual basis” for “semiannual basis” and “preceding one-year period” for “preceding six-month period”. Subsec. (a)(2) to (4). Pub. L. 111259, § 347(d)(2)(C), (D), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: “the total number of applications for asset seizure and designations of individuals or entities suspected of having engaged in financial support of terrorist activities that were granted, modified, or denied;”. Subsec. (d)(1), (2). Pub. L. 111259, § 347(d)(3), inserted “the Committee on Armed Services,” after “the Committee on Appropriations,”.
Statutory Notes and Related Subsidiaries
Effective Date of RepealPub. L. 11960, div. F, title LXVIII, § 6801(a)(1)(C), Dec. 18, 2025, 139 Stat. 1652, provided that: “The amendments made by subparagraphs (A) and (B) [amending section 3106 of this title and repealing this section] shall take effect on December 31, 2026.”
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# 50 U.S.C. § 3056 - National Counterterrorism Center
## Text
(a) Establishment of Center There is within the Office of the Director of National Intelligence a National Counterterrorism Center.
(b) Director of National Counterterrorism Center (1) There is a Director of the National Counterterrorism Center, who shall be the head of the National Counterterrorism Center, and who shall be appointed by the President, by and with the advice and consent of the Senate.
(2) The Director of the National Counterterrorism Center may not simultaneously serve in any other capacity in the executive branch.
(c) Reporting (1) The Director of the National Counterterrorism Center shall report to the Director of National Intelligence with respect to matters described in paragraph (2) and the President with respect to matters described in paragraph (3).
(2) The matters described in this paragraph are as follows:
(A) The budget and programs of the National Counterterrorism Center.
(B) The activities of the Directorate of Intelligence of the National Counterterrorism Center under subsection (i).
(C) The conduct of intelligence operations implemented by other elements of the intelligence community; and
(3) The matters described in this paragraph are the planning and progress of joint counterterrorism operations (other than intelligence operations).
(d) Primary missions The primary missions of the National Counterterrorism Center shall be as follows:
(1) To serve as the primary organization in the United States Government for analyzing and integrating all intelligence possessed or acquired by the United States Government pertaining to terrorism and counterterrorism, excepting intelligence pertaining exclusively to domestic terrorists and domestic counterterrorism.
(2) To conduct strategic operational planning for counterterrorism activities, integrating all instruments of national power, including diplomatic, financial, military, intelligence, homeland security, and law enforcement activities within and among agencies.
(3) To assign roles and responsibilities as part of its strategic operational planning duties to lead Departments or agencies, as appropriate, for counterterrorism activities that are consistent with applicable law and that support counterterrorism strategic operational plans, but shall not direct the execution of any resulting operations.
(4) To ensure that agencies, as appropriate, have access to and receive all-source intelligence support needed to execute their counterterrorism plans or perform independent, alternative analysis.
(5) To ensure that such agencies have access to and receive intelligence needed to accomplish their assigned activities.
(6) To serve as the central and shared knowledge bank on known and suspected terrorists and international terror groups, as well as their goals, strategies, capabilities, and networks of contacts and support.
(e) Domestic counterterrorism intelligence (1) The Center may, consistent with applicable law, the direction of the President, and the guidelines referred to in section 3024(b) of this title, receive intelligence pertaining exclusively to domestic counterterrorism from any Federal, State, or local government or other source necessary to fulfill its responsibilities and retain and disseminate such intelligence.
(2) Any agency authorized to conduct counterterrorism activities may request information from the Center to assist it in its responsibilities, consistent with applicable law and the guidelines referred to in section 3024(b) of this title.
(f) Duties and responsibilities of Director (1) The Director of the National Counterterrorism Center shall—
(A) serve as the principal adviser to the Director of National Intelligence on intelligence operations relating to counterterrorism;
(B) provide strategic operational plans for the civilian and military counterterrorism efforts of the United States Government and for the effective integration of counterterrorism intelligence and operations across agency boundaries, both inside and outside the United States;
(C) advise the Director of National Intelligence on the extent to which the counterterrorism program recommendations and budget proposals of the departments, agencies, and elements of the United States Government conform to the priorities established by the President;
(D) disseminate terrorism information, including current terrorism threat analysis, to the President, the Vice President, the Secretaries of State, Defense, and Homeland Security, the Attorney General, the Director of the Central Intelligence Agency, and other officials of the executive branch as appropriate, and to the appropriate committees of Congress;
(E) support the Department of Justice and the Department of Homeland Security, and other appropriate agencies, in fulfillment of their responsibilities to disseminate terrorism information, consistent with applicable law, guidelines referred to in section 3024(b) of this title, Executive orders and other Presidential guidance, to State and local government officials, and other entities, and coordinate dissemination of terrorism information to foreign governments as approved by the Director of National Intelligence;
(F) develop a strategy for combining terrorist travel intelligence operations and law enforcement planning and operations into a cohesive effort to intercept terrorists, find terrorist travel facilitators, and constrain terrorist mobility;
(G) have primary responsibility within the United States Government for conducting net assessments of terrorist threats;
(H) consistent with priorities approved by the President, assist the Director of National Intelligence in establishing requirements for the intelligence community for the collection of terrorism information; and
(I) perform such other duties as the Director of National Intelligence may prescribe or are prescribed by law.
(2) Nothing in paragraph (1)(G) shall limit the authority of the departments and agencies of the United States to conduct net assessments.
(g) Limitation The Director of the National Counterterrorism Center may not direct the execution of counterterrorism operations.
(h) Resolution of disputes The Director of National Intelligence shall resolve disagreements between the National Counterterrorism Center and the head of a department, agency, or element of the United States Government on designations, assignments, plans, or responsibilities under this section. The head of such a department, agency, or element may appeal the resolution of the disagreement by the Director of National Intelligence to the President.
(i) Directorate of Intelligence The Director of the National Counterterrorism Center shall establish and maintain within the National Counterterrorism Center a Directorate of Intelligence which shall have primary responsibility within the United States Government for analysis of terrorism and terrorist organizations (except for purely domestic terrorism and domestic terrorist organizations) from all sources of intelligence, whether collected inside or outside the United States.
(j) Directorate of Strategic Operational Planning (1) The Director of the National Counterterrorism Center shall establish and maintain within the National Counterterrorism Center a Directorate of Strategic Operational Planning which shall provide strategic operational plans for counterterrorism operations conducted by the United States Government.
(2) Strategic operational planning shall include the mission, objectives to be achieved, tasks to be performed, interagency coordination of operational activities, and the assignment of roles and responsibilities.
(3) The Director of the National Counterterrorism Center shall monitor the implementation of strategic operational plans, and shall obtain information from each element of the intelligence community, and from each other department, agency, or element of the United States Government relevant for monitoring the progress of such entity in implementing such plans.
(July 26, 1947, ch. 343, title I, § 119, as added Pub. L. 108458, title I, § 1021, Dec. 17, 2004, 118 Stat. 3672; amended Pub. L. 111259, title VIII, § 804(5), Oct. 7, 2010, 124 Stat. 2747.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 404o of this title prior to editorial reclassification and renumbering as this section.
Amendments2010—Subsec. (c)(2)(B). Pub. L. 111259 substituted “subsection (i)” for “subsection (h)”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Strategy for Counterterrorist Travel IntelligencePub. L. 108458, title VII, § 7201(b), Dec. 17, 2004, 118 Stat. 3809, directed the Director of the National Counterterrorism Center, not later than 1 year after Dec. 17, 2004, to submit to Congress unclassified and classified versions of a strategy, to be developed in coordination with all relevant Federal agencies, for combining terrorist travel intelligence, operations, and law enforcement into a cohesive effort to intercept terrorists, find terrorist travel facilitators, and constrain terrorist mobility domestically and internationally.
Executive Documents
Executive Order No. 13354 Ex. Ord. No. 13354, Aug. 27, 2004, 69 F.R. 53589, which established a National Counterterrorism Center, was revoked by Ex. Ord. No. 12333, § 3.6, Dec. 4, 1981, 46 F.R. 59954, as amended by Ex. Ord. No. 13470, § 4(j), July 30, 2008, 73 F.R. 45341, set out as a note under section 3001 of this title.
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# 50 U.S.C. § 3058 - National Intelligence Centers
## Text
(a) Authority to establish The Director of National Intelligence may establish one or more national intelligence centers to address intelligence priorities, including, but not limited to, regional issues.
(b) Resources of directors of centers (1) The Director of National Intelligence shall ensure that the head of each national intelligence center under subsection (a) has appropriate authority, direction, and control of such center, and of the personnel assigned to such center, to carry out the assigned mission of such center.
(2) The Director of National Intelligence shall ensure that each national intelligence center has appropriate personnel to accomplish effectively the mission of such center.
(c) Information sharing The Director of National Intelligence shall, to the extent appropriate and practicable, ensure that each national intelligence center under subsection (a) and the other elements of the intelligence community share information in order to facilitate the mission of such center.
(d) Mission of centers Pursuant to the direction of the Director of National Intelligence, each national intelligence center under subsection (a) may, in the area of intelligence responsibility assigned to such center—
(1) have primary responsibility for providing all-source analysis of intelligence based upon intelligence gathered both domestically and abroad;
(2) have primary responsibility for identifying and proposing to the Director of National Intelligence intelligence collection and analysis and production requirements; and
(3) perform such other duties as the Director of National Intelligence shall specify.
(e) Review and modification of centers The Director of National Intelligence shall determine on a regular basis whether—
(1) the area of intelligence responsibility assigned to each national intelligence center under subsection (a) continues to meet appropriate intelligence priorities; and
(2) the staffing and management of such center remains appropriate for the accomplishment of the mission of such center.
(f) Termination The Director of National Intelligence may terminate any national intelligence center under subsection (a).
(g) Separate budget account The Director of National Intelligence shall, as appropriate, include in the National Intelligence Program budget a separate line item for each national intelligence center under subsection (a).
(July 26, 1947, ch. 343, title I, § 119B, as added Pub. L. 108458, title I, § 1023, Dec. 17, 2004, 118 Stat. 3676.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 404o2 of this title prior to editorial reclassification and renumbering as this section.
Statutory Notes and Related Subsidiaries
Effective DateFor Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
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# 50 U.S.C. § 3059 - Foreign Malign Influence Center
## Text
(a) Establishment There is within the Office of the Director of National Intelligence a Foreign Malign Influence Center (in this section referred to as the “Center”).
(b) Functions and composition The Center shall—
(1) be comprised of analysts from all elements of the intelligence community, including elements with diplomatic and law enforcement functions;
(2) have access to all intelligence and other reporting possessed or acquired by the United States Government pertaining to foreign malign influence;
(3) serve as the primary organization in the United States Government for analyzing and integrating all intelligence possessed or acquired by the United States Government pertaining to foreign malign influence; and
(4) provide to employees and officers of the Federal Government in policy-making positions and Congress comprehensive assessments, and indications and warnings, of foreign malign influence.
(c) Director (1) Appointment There is a Director of the Center, who shall be the head of the Center, and who shall be appointed by the Director of National Intelligence.
(2) Role The Director of the Center shall—
(A) report directly to the Director of National Intelligence;
(B) carry out the functions under subsection (b); and
(C) at the request of the President or the Director of National Intelligence, develop and provide recommendations for potential responses by the United States to foreign malign influence.
(d) Annual reports (1) In general In addition to the matters submitted pursuant to subsection (b)(4), at the direction of the Director of National Intelligence, but not less than once each year, the Director of the Center shall submit to the congressional intelligence committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report on foreign malign influence.
(2) Matters included Each report under paragraph (1) shall include, with respect to the period covered by the report, a discussion of the following:
(A) The most significant activities of the Center.
(B) Any recommendations the Director determines necessary for legislative or other actions to improve the ability of the Center to carry out its functions, including recommendations regarding the protection of privacy and civil liberties.
(e) Termination After December 31, 2028, the Director of National Intelligence may terminate the Center, but only if the Director of National Intelligence submits to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives a determination that the termination of the Center is appropriate, which includes—
(1) a detailed description that other offices or entities within the intelligence community—
(A) have the capabilities to perform the functions of the Center; and
(B) will exercise the functions of the Center upon the termination of the Center; and
(2) a detailed description of—
(A) the actions the Director of National Intelligence will take to conduct an orderly wind-down of the activities of the Center; and
(B) the proposed timeline for such actions.
(f) Definitions In this section:
(1) Covered foreign country The term “covered foreign country” means the following:
(A) The Russian Federation.
(B) The Islamic Republic of Iran.
(C) The Democratic Peoples Republic of Korea.
(D) The Peoples Republic of China.
(E) Any other foreign country that the Director of the Center determines appropriate for purposes of this section.
(2) Foreign malign influence The term “foreign malign influence” means any hostile effort undertaken by, at the direction of, or on behalf of or with the substantial support of, the government of a covered foreign country with the objective of influencing, through overt or covert means—
(A) the political, military, economic, or other policies or activities of the United States Government or State or local governments, including any election within the United States; or
(B) the public opinion within the United States.
(July 26, 1947, ch. 343, title I, § 119C, as added Pub. L. 11692, div. E, title LIII, § 5322(a), Dec. 20, 2019, 133 Stat. 2129; amended Pub. L. 117263, div. F, title LXIII, § 6307(a)(1), (b), Dec. 23, 2022, 136 Stat. 3504, 3505.)
## Notes
Editorial Notes
Amendments2022—Pub. L. 117263, § 6307(a)(1)(A), struck out “Response” after “Influence” in section catchline. Subsec. (a). Pub. L. 117263, § 6307(a)(1)(B), struck out “Response” after “Influence”. Subsecs. (e), (f). Pub. L. 117263, § 6307(b), added subsec. (e) and redesignated former subsec. (e) as (f).
Statutory Notes and Related Subsidiaries
Reference to Foreign Malign Influence Response CenterPub. L. 117263, div. F, title LXIII, § 6307(a)(4), Dec. 23, 2022, 136 Stat. 3505, provided that: “Any reference in law, regulation, map, document, paper, or other record of the United States to the Foreign Malign Influence Response Center shall be deemed to be a reference to the Foreign Malign Influence Center.”
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# 50 U.S.C. § 3060 - Climate Security Advisory Council
## Text
(a) Establishment The Director of National Intelligence shall establish a Climate Security Advisory Council for the purpose of—
(1) assisting intelligence analysts of various elements of the intelligence community with respect to analysis of climate security and its impact on the areas of focus of such analysts;
(2) facilitating coordination between the elements of the intelligence community and elements of the Federal Government that are not elements of the intelligence community in collecting data on, and conducting analysis of, climate change and climate security; and
(3) ensuring that the intelligence community is adequately prioritizing climate change in carrying out its activities.
(b) Composition of Council (1) Members The Council shall be composed of the following individuals appointed by the Director of National Intelligence:
(A) An appropriate official from the National Intelligence Council, who shall chair the Council.
(B) The lead official with respect to climate and environmental security analysis from—
(i) the Central Intelligence Agency;
(ii) the Bureau of Intelligence and Research of the Department of State;
(iii) the National Geospatial-Intelligence Agency;
(iv) the Office of Intelligence and Counterintelligence of the Department of Energy;
(v) the Office of the Under Secretary of Defense for Intelligence and Security; and
(vi) the Defense Intelligence Agency.
(C) Three appropriate officials from elements of the Federal Government that are not elements of the intelligence community that are responsible for—
(i) providing decision makers with a predictive understanding of the climate;
(ii) making observations of our Earth system that can be used by the public, policymakers, and to support strategic decisions; or
(iii) coordinating Federal research and investments in understanding the forces shaping the global environment, both human and natural, and their impacts on society.
(D) Any other officials as the Director of National Intelligence or the chair of the Council may determine appropriate.
(2) Responsibilities of chair The chair of the Council shall have responsibility for—
(A) identifying agencies to supply individuals from elements of the Federal Government that are not elements of the intelligence community;
(B) securing the permission of the relevant agency heads for the participation of such individuals on the Council; and
(C) any other duties that the Director of National Intelligence may direct.
(c) Duties and responsibilities of Council The Council shall carry out the following duties and responsibilities:
(1) To meet at least quarterly to—
(A) exchange appropriate data between elements of the intelligence community and elements of the Federal Government that are not elements of the intelligence community;
(B) discuss processes for the routine exchange of such data and implementation of such processes; and
(C) prepare summaries of the business conducted at each meeting.
(2) To assess and determine best practices with respect to the analysis of climate security, including identifying publicly available information and intelligence acquired through clandestine means that enables such analysis.
(3) To assess and identify best practices with respect to prior efforts of the intelligence community to analyze climate security.
(4) To assess and describe best practices for identifying and disseminating climate intelligence indications and warnings.
(5) To recommend methods of incorporating analysis of climate security and the best practices identified under paragraphs (2) through (4) into existing analytic training programs.
(6) To consult, as appropriate, with other elements of the intelligence community that conduct analysis of climate change or climate security and elements of the Federal Government that are not elements of the intelligence community that conduct analysis of climate change or climate security, for the purpose of sharing information about ongoing efforts and avoiding duplication of existing efforts.
(7) To work with elements of the intelligence community that conduct analysis of climate change or climate security and elements of the Federal Government that are not elements of the intelligence community that conduct analysis of climate change or climate security—
(A) to exchange appropriate data between such elements, establish processes, procedures and practices for the routine exchange of such data, discuss the implementation of such processes; and
(B) to enable and facilitate the sharing of findings and analysis between such elements.
(8) To assess whether the elements of the intelligence community that conduct analysis of climate change or climate security may inform the research direction of academic work and the sponsored work of the United States Government.
(9) At the discretion of the chair of the Council, to convene conferences of analysts and nonintelligence community personnel working on climate change or climate security on subjects that the chair shall direct.
(d) Annual report (1) Requirement Not later than January 31, 2021, and not less frequently than annually thereafter, the chair of the Council shall submit, on behalf of the Council, to the congressional intelligence committees a report describing the activities of the Council as described in subsection (c) during the year preceding the year during which the report is submitted.
(2) Matters included Each report under paragraph (1) shall include a description of any obstacles or gaps relating to—
(A) the Council fulfilling its duties and responsibilities under subsection (c); or
(B) the responsiveness of the intelligence community to the climate security needs and priorities of the policymaking elements of the Federal Government.
(e) Sunset The Council shall terminate on December 31, 2024.
(f) Definitions In this section:
(1) Climate security The term “climate security” means the effects of climate change on the following:
(A) The national security of the United States, including national security infrastructure.
(B) Subnational, national, and regional political stability.
(C) The security of allies and partners of the United States.
(D) Ongoing or potential political violence, including unrest, rioting, guerrilla warfare, insurgency, terrorism, rebellion, revolution, civil war, and interstate war.
(2) Climate intelligence indications and warnings The term “climate intelligence indications and warnings” means developments relating to climate security with the potential to—
(A) imminently and substantially alter the political stability or degree of human security in a country or region; or
(B) imminently and substantially threaten—
(i) the national security of the United States;
(ii) the military, political, or economic interests of allies and partners of the United States; or
(iii) citizens of the United States abroad.
(July 26, 1947, ch. 343, title I, § 120, as added Pub. L. 11692, div. E, title LIII, § 5321(a), Dec. 20, 2019, 133 Stat. 2126; amended Pub. L. 116260, div. W, title IV, § 405(b), title VI, § 618, Dec. 27, 2020, 134 Stat. 2380, 2400; Pub. L. 117103, div. X, title IV, § 404, Mar. 15, 2022, 136 Stat. 975; Pub. L. 11831, div. G, title III, § 7319, Dec. 22, 2023, 137 Stat. 1036.)
## Notes
Editorial Notes
Amendments2023—Subsec. (e). Pub. L. 11831 substituted “December 31, 2024” for “December 31, 2025”. 2022—Subsec. (b)(1)(B)(v). Pub. L. 117103, § 404(b)(1), inserted “and Security” after “for Intelligence”. Subsec. (d). Pub. L. 117103, § 404(a), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (e). Pub. L. 117103, § 404(b)(3), substituted “December 31, 2025” for “the date that is 4 years after December 20, 2019”. Pub. L. 117103, § 404(b)(2), redesignated subsec. (e) relating to definitions as (f). Subsec. (f). Pub. L. 117103, § 404(b)(2), redesignated subsec. (e) relating to definitions as (f). 2020—Subsec. (c)(4). Pub. L. 116260, § 405(b), substituted “intelligence indications” for “security indicators”. Subsecs. (d), (e). Pub. L. 116260, § 618, added subsec. (d) and redesignated former subsec. (d) as (e) relating to sunset of Council.
Statutory Notes and Related Subsidiaries
Initial AppointmentsPub. L. 11692, div. E, title LIII, § 5321(c), Dec. 20, 2019, 133 Stat. 2129, provided that: “Not later than 90 days after the date of the enactment of this Act [Dec. 20, 2019], the Director of National Intelligence shall appoint the members of the Council under section 120 of the National Security Act of 1947 [50 U.S.C. 3060], as added by subsection (a).”
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# 50 U.S.C. § 3061 - Counterintelligence and national security protections for intelligence community grant funding
## Text
(a) Disclosure as condition for receipt of grant The head of an element of the intelligence community may not award a grant to a person or entity unless the person or entity has certified to the head of the element that the person or entity has disclosed to the head of the element any material financial or material in-kind support that the person or entity knows, or should have known, derives from the Peoples Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic Peoples Republic of Korea, or the Republic of Cuba, during the 5-year period ending on the date of the person or entitys application for the grant.
(b) Process for review of grant applicants prior to award (1) In general The head of an element of the intelligence community may not award a grant to a person or entity who submitted a certification under subsection (a) until such certification is received by the head of an element of the intelligence community and submitted to the Director of National Intelligence pursuant to the process set forth in paragraph (2).
(2) Process (A) In general The Director of National Intelligence, in coordination with such heads of elements of the intelligence community as the Director considers appropriate, shall establish a process to review the awarding of a grant to an applicant who submitted a certification under subsection (a).
(B) Elements The process established under subparagraph (A) shall include the following:
(i) The immediate transmission of a copy of each applicants certification made under subsection (a) to the Director of National Intelligence.
(ii) The review of the certification and any accompanying disclosures submitted under subsection (a) as soon as practicable.
(iii) Authorization for the heads of the elements of the intelligence community to take such actions as may be necessary, including denial or revocation of a grant, to ensure a grant does not pose an unacceptable risk of—
(I) misappropriation of United States intellectual property, research and development, and innovation efforts; or
(II) other counterintelligence threats.
(July 26, 1947, ch. 343, title I, § 121, as added Pub. L. 117263, div. F, title LXIII, § 6302(a), Dec. 23, 2022, 136 Stat. 3501; amended Pub. L. 11960, div. F, title LXVIII, § 6801(a)(2), Dec. 18, 2025, 139 Stat. 1652.)
## Notes
Editorial Notes
Amendments2025—Subsec. (c). Pub. L. 11960 struck out subsec. (c) which required the Director of National Intelligence to submit an annual report to congressional intelligence committees.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 117263, div. F, title LXIII, § 6302(b), Dec. 23, 2022, 136 Stat. 3502, provided that: “Subsections (a) and (b) of section 121 of such Act [act July 26, 1947, 50 U.S.C. 3061], as added by subsection (a), shall apply only with respect to grants awarded by an element of the intelligence community after the date of the enactment of this Act [Dec. 23, 2022].” [For definition of “intelligence community” as used in section 6302(b) of Pub. L. 117263, set out above, see section 6002 of Pub. L. 117263, set out as a note under section 3003 of this title.]
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# 50 U.S.C. § 3062 - Repealed. Pub. L. 11960, div. F, title LXIV, § 6405(b), Dec. 18, 2025, 139 Stat. 1619
## Notes
Section, act July 26, 1947, ch. 343, title I, § 122, as added Pub. L. 11831, div. G, title V, § 7503(a), Dec. 22, 2023, 137 Stat. 1082, established the Office of Engagement within the Office of the Director of National Intelligence.
Statutory Notes and Related Subsidiaries
Effective Date of RepealPub. L. 11960, div. F, title LXIV, § 6405(c), Dec. 18, 2025, 139 Stat. 1619, provided that: “The amendment made by this subsection [probably should be “section”, repealing this section] shall take effect on the date that is 90 days after the date of the enactment of this Act [Dec. 18, 2025].”
Termination of Office of EngagementPub. L. 11960, div. F, title LXIV, § 6405(a), Dec. 18, 2025, 139 Stat. 1619, provided that: “The Director of National Intelligence shall take such actions as may be necessary to terminate and wind down the operations of the Office of Engagement before the date specified in subsection (c) [see Effective Date of Repeal note above].”
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# 50 U.S.C. § 3063 - Designation of senior officials for biotechnology
## Text
(a) Designation The head of each element of the intelligence community specified in subsection (b) shall designate a senior official of such element to serve as the official responsible for coordinating the activities of such element relating to biotechnology, as those activities are determined and directed by the head of such element.
(b) Specified elements The elements of the intelligence community specified in this subsection are the following:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The National Security Agency.
(4) The Defense Intelligence Agency.
(5) The intelligence elements of the Federal Bureau of Investigation.
(6) The Office of Intelligence and Counterintelligence of the Department of Energy.
(c) Notice to Congress Not later than 15 days after designating a senior official under this section, the head of the element of the intelligence community designating such official shall submit notice of the designation to—
(1) the congressional intelligence committees and the Committees on Appropriations of the Senate and the House of Representatives; and
(2) in the case of a designation relating to the Federal Bureau of Investigation, the Committees on the Judiciary of the Senate and the House of Representatives.
(July 26, 1947, ch. 343, title I, § 123, as added Pub. L. 11960, div. F, title LXVI, § 6611(a), Dec. 18, 2025, 139 Stat. 1636.)
## Notes
Statutory Notes and Related Subsidiaries
Initial DesignationPub. L. 11960, div. F, title LXVI, § 6611(b), Dec. 18, 2025, 139 Stat. 1637, provided that: “The head of each element of the intelligence community required to designate a senior official of such element under section 123 of the National Security Act of 1947 [50 U.S.C. 3063], as added by subsection (a) of this section, shall designate such senior official not later than 90 days after the date of the enactment of this Act [Dec. 18, 2025].” [For definition of “intelligence community” as used in section 6611(b) of Pub. L. 11960, set out above, see section 6002 of Pub. L. 11960, set out as a note under section 3003 of this title.]
@@ -0,0 +1,105 @@
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# 50 U.S.C. § 3071 - National Security Agency voluntary separation
## Text
(a) Short title This section may be cited as the “National Security Agency Voluntary Separation Act”.
(b) Definitions For purposes of this section—
(1) the term “Director” means the Director of the National Security Agency; and
(2) the term “employee” means an employee of the National Security Agency, serving under an appointment without time limitation, who has been currently employed by the National Security Agency for a continuous period of at least 12 months prior to the effective date of the program established under subsection (c), except that such term does not include—
(A) a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5 or another retirement system for employees of the Government; or
(B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under any of the retirement systems referred to in subparagraph (A).
(c) Establishment of program Notwithstanding any other provision of law, the Director, in his sole discretion, may establish a program under which employees may, after October 1, 2000, be eligible for early retirement, offered separation pay to separate from service voluntarily, or both.
(d) Early retirement An employee who—
(1) is at least 50 years of age and has completed 20 years of service; or
(2) has at least 25 years of service,
may, pursuant to regulations promulgated under this section, apply and be retired from the National Security Agency and receive benefits in accordance with chapter 83 or 84 of title 5 if the employee has not less than 10 years of service with the National Security Agency.
(e) Amount of separation pay and treatment for other purposes (1) Amount Separation pay shall be paid in a lump sum and shall be equal to the lesser of—
(A) an amount equal to the amount the employee would be entitled to receive under section 5595(c) of title 5 if the employee were entitled to payment under such section; or
(B) $25,000.
(2) Treatment Separation pay shall not—
(A) be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and
(B) be taken into account for the purpose of determining the amount of any severance pay to which an individual may be entitled under section 5595 of title 5 based on any other separation.
(f) Reemployment restrictions An employee who receives separation pay under such program may not be reemployed by the National Security Agency for the 12-month period beginning on the effective date of the employees separation. An employee who receives separation pay under this section on the basis of a separation occurring on or after March 30, 1994, and accepts employment with the Government of the United States within 5 years after the date of the separation on which payment of the separation pay is based shall be required to repay the entire amount of the separation pay to the National Security Agency. If the employment is with an Executive agency (as defined by section 105 of title 5), the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. If the employment is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. If the employment is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.
(g) Bar on certain employment (1) Bar An employee may not be separated from service under this section unless the employee agrees that the employee will not—
(A) act as agent or attorney for, or otherwise represent, any other person (except the United States) in any formal or informal appearance before, or, with the intent to influence, make any oral or written communication on behalf of any other person (except the United States) to the National Security Agency; or
(B) participate in any manner in the award, modification, or extension of any contract for property or services with the National Security Agency,
during the 12-month period beginning on the effective date of the employees separation from service.
(2) Penalty An employee who violates an agreement under this subsection shall be liable to the United States in the amount of the separation pay paid to the employee pursuant to this section multiplied by the proportion of the 12-month period during which the employee was in violation of the agreement.
(h) Limitations Under this program, early retirement and separation pay may be offered only—
(1) with the prior approval of the Director;
(2) for the period specified by the Director; and
(3) to employees within such occupational groups or geographic locations, or subject to such other similar limitations or conditions, as the Director may require.
(i) Regulations Before an employee may be eligible for early retirement, separation pay, or both, under this section, the Director shall prescribe such regulations as may be necessary to carry out this section.
(j) Notification of exercise of authority The Director may not make an offer of early retirement, separation pay, or both, pursuant to this section until 15 days after submitting to the congressional intelligence committees a report describing the occupational groups or geographic locations, or other similar limitations or conditions, required by the Director under subsection (h), and including the proposed regulations issued pursuant to subsection (i).
(k) Remittance of funds In addition to any other payment that is required to be made under subchapter III of chapter 83 or chapter 84 of title 5, the National Security Agency shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund, an amount equal to 15 percent of the final basic pay of each employee to whom a voluntary separation payment has been or is to be paid under this section. The remittance required by this subsection shall be in lieu of any remittance required by section 4(a) of the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 8331 note).
(July 26, 1947, ch. 343, title III, § 301, as added Pub. L. 106567, title III, § 304(a), Dec. 27, 2000, 114 Stat. 2836; amended Pub. L. 107306, title III, § 353(b)(2)(A), title VIII, § 841(b), Nov. 27, 2002, 116 Stat. 2402, 2431; Pub. L. 117263, div. F, title LXVIII, § 6824(a)(4), Dec. 23, 2022, 136 Stat. 3615.)
## Notes
Editorial Notes
References in TextSection 4(a) of the Federal Workforce Restructuring Act of 1994, referred to in subsec. (k), is section 4(a) of Pub. L. 103226, which is set out as a note under section 8331 of Title 5, Government Organization and Employees.
Codification Section was formerly classified to section 409a of this title prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 301 of act July 26, 1947, ch. 343, title III, 61 Stat. 507; Apr. 2, 1949, ch. 47, § 2, 63 Stat. 31; Aug. 10, 1949, ch. 412, § 10(a), 63 Stat. 585, was classified to sections 171b and 171c1 of former Title 5, Executive Departments and Government Officers and Employees, prior to repeal by Pub. L. 89554, § 8(a), Sept. 6, 1966, 80 Stat. 632.
Amendments2022—Subsec. (j). Pub. L. 117263 substituted “and including” for “and includes”. 2002—Subsec. (j). Pub. L. 107306, § 841(b), substituted “Notification of exercise of authority” for “Reporting requirements” in subsec. heading and struck out “(1) Notification.—” before “The Director may” and par. (2) which read as follows: “(2) Annual report.—The Director shall submit to the President and the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate an annual report on the effectiveness and costs of carrying out this section.” Pub. L. 107306, § 353(b)(2)(A), substituted “congressional intelligence committees” for “Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate”.
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# 50 U.S.C. § 3072 - Authority of Federal Bureau of Investigation to award personal services contracts
## Text
(a) In general The Director of the Federal Bureau of Investigation may enter into personal services contracts if the personal services to be provided under such contracts directly support the intelligence or counterintelligence missions of the Federal Bureau of Investigation.
(b) Inapplicability of certain requirements Contracts under subsection (a) shall not be subject to the annuity offset requirements of sections 8344 and 8468 of title 5, the requirements of section 3109 of title 5, or any law or regulation requiring competitive contracting.
(c) Contract to be appropriate means of securing services The Chief Contracting Officer of the Federal Bureau of Investigation shall ensure that each personal services contract entered into by the Director under this section is the appropriate means of securing the services to be provided under such contract.
(July 26, 1947, ch. 343, title III, § 302, as added Pub. L. 108177, title III, § 311(a)(1), Dec. 13, 2003, 117 Stat. 2605.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 409b of this title prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 302 of act July 26, 1947, ch. 343, title III, 61 Stat. 507; Aug. 10, 1949, ch. 412, § 10(b), 63 Stat. 585; Aug. 10, 1956, ch. 1041, § 21, 70A Stat. 629, was classified to section 171c2 of former Title 5, Executive Departments and Government Officers and Employees, prior to repeal by Pub. L. 87651, title III, § 307A, Sept. 7, 1962, 76 Stat. 526.
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# 50 U.S.C. § 3072a - Reports on exercise of authority
## Text
(1) Not later than one year after December 13, 2003, and annually thereafter, the Director of the Federal Bureau of Investigation shall submit to the appropriate committees of Congress a report on the exercise of the authority in section 3072 of this title.
(2) Each report under this section shall include, for the one-year period ending on the date of such report, the following:
(A) The number of contracts entered into during the period.
(B) The cost of each such contract.
(C) The length of each such contract.
(D) The types of services to be provided under each such contract.
(E) The availability, if any, of United States Government personnel to perform functions similar to the services to be provided under each such contract.
(F) The efforts of the Federal Bureau of Investigation to fill available personnel vacancies, or request additional personnel positions, in areas relating to the intelligence or counterintelligence mission of the Bureau.
(3) Each report under this section shall be submitted in unclassified form, but may include a classified annex.
(4) In this section—
(A) for purposes of the submittal of the classified annex to any report under this section, the term “appropriate committees of Congress” means—
(i) the Select Committee on Intelligence of the Senate; and
(ii) the Permanent Select Committee on Intelligence of the House of Representatives; and
(B) for purposes of the submittal of the unclassified portion of any report under this section, the term “appropriate committees of Congress” means—
(i) the committees specified in subparagraph (A);
(ii) the Committees on Appropriations, Governmental Affairs, and the Judiciary of the Senate; and
(iii) the Committees on Appropriations, Government Reform and Oversight, and the Judiciary of the House of Representatives.
(Pub. L. 108177, title III, § 311(b), Dec. 13, 2003, 117 Stat. 2605.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 409b1 of this title prior to editorial reclassification and renumbering as this section. Section was enacted as part of the Intelligence Authorization Act for Fiscal Year 2004, and not as part of the National Security Act of 1947 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
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# 50 U.S.C. § 3073 - Advisory committees; appointment; compensation of part-time personnel; applicability of other laws
## Text
(a) The Director of the Office of Defense Mobilization, the Director of National Intelligence, and the National Security Council, acting through its Executive Secretary, are authorized to appoint such advisory committees and to employ, consistent with other provisions of this chapter, such part-time advisory personnel as they may deem necessary in carrying out their respective functions and the functions of agencies under their control. Persons holding other offices or positions under the United States for which they receive compensation, while serving as members of such committees, shall receive no additional compensation for such service. Retired members of the uniformed services employed by the Director of National Intelligence who hold no other office or position under the United States for which they receive compensation, other members of such committees and other part-time advisory personnel so employed may serve without compensation or may receive compensation at a daily rate not to exceed the daily equivalent of the rate of pay in effect for grade GS18 of the General Schedule established by section 5332 of title 5, as determined by the appointing authority.
(b) Service of an individual as a member of any such advisory committee, or in any other part-time capacity for a department or agency hereunder, shall not be considered as service bringing such individual within the provisions of section 203, 205, or 207 of title 18, unless the act of such individual, which by such section is made unlawful when performed by an individual referred to in such section, is with respect to any particular matter which directly involves a department or agency which such person is advising or in which such department or agency is directly interested.
(July 26, 1947, ch. 343, title III, § 303, 61 Stat. 507; Aug. 10, 1949, ch. 412, § 10(c), 63 Stat. 585; Sept. 3, 1954, ch. 1263, § 8, 68 Stat. 1228; Aug. 10, 1956, ch. 1041, § 53(b), 70A Stat. 676, 684; 1958 Reorg. Plan No. 1, § 2, eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799; Pub. L. 90608, ch. IV, § 402, Oct. 21, 1968, 82 Stat. 1194; Ex. Ord. No. 11725, § 3, eff. June 29, 1973, 38 F.R. 17175; Ex. Ord. No. 12148, §§ 1103, 4102, July 20, 1979, 44 F.R. 43239; Pub. L. 9789, title V, § 504, Dec. 4, 1981, 95 Stat. 1153; Pub. L. 100453, title V, § 503, Sept. 29, 1988, 102 Stat. 1910; Pub. L. 108458, title I, § 1071(a)(1)(U), Dec. 17, 2004, 118 Stat. 3689; Pub. L. 109295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (a), 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 chapter. For complete classification of this Act to the Code, see Tables.
Codification Section was formerly classified to section 405 of this title prior to editorial reclassification and renumbering as this section.
Amendments2004—Subsec. (a). Pub. L. 108458 substituted “Director of National Intelligence” for “Director of Central Intelligence” in two places. 1988—Subsec. (a). Pub. L. 100453 substituted “Retired members of the uniformed services employed by the Director of Central Intelligence who hold no other office or position under the United States for which they receive compensation, other” for “Other” in last sentence. 1981—Subsec. (a). Pub. L. 9789, § 504(a), substituted “at a daily rate not to exceed the daily equivalent of the rate of pay in effect for grade GS18 of the General Schedule established by section 5332 of title 5” for “at a rate not to exceed $50 for each day of service”. Subsec. (b). Pub. L. 9789, § 504(b), substituted “section 203, 205, or 207 of title 18” for “section 281, 283, or 284 of title 18”. 1956—Subsec. (a). Act Aug. 10, 1956, struck out “Secretary of Defense, the” after “The”. 1954—Act Sept. 3, 1954, amended section generally, substituting the “Director of the Office of Defense Mobilization” for “Chairman of the National Security Resources Board” in subsec. (a), and substituting “sections 281, 283, or 284 of title 18” for “sections 198 or 203 of title 18 or section 119(e) of title 41”. 1949—Subsec. (a). Act Aug. 10, 1949, inserted reference to National Security Council, and increased per diem payable to consultants from $35 to $50.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentFor Determination by President that amendment by Pub. L. 108458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Effective Date of 1981 AmendmentAmendment by Pub. L. 9789 effective Oct. 1, 1981, see section 806 of Pub. L. 9789, set out as an Effective Date note under section 1621 of Title 10, Armed Forces.
Transfer of Functions For abolition of Office of Defense Mobilization and its Director and transfers and delegations of their functions to Office of Emergency Planning, Office of Emergency Preparedness, President, Federal Preparedness Agency, Federal Emergency Management Agency, and Secretary of Homeland Security, see Transfer of Functions notes set out under former section 3042 of this title.
Termination of Advisory CommitteesAdvisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.
Advisory Committee Members and Personnel; Per Diem CompensationAct June 24, 1948, ch. 632, 62 Stat. 648, which related to authority of former Chairman of National Security Resources Board to appoint advisory committee members and part-time advisory personnel at rates up to $50 per day, was superseded by section 3073(a) of this title.
References in Other Laws to GS16, 17, or 18 Pay RatesReferences in laws to the rates of pay for GS16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101509, set out in a note under section 5376 of Title 5.
Executive Documents
Transfer of Functions National Security Council transferred to Executive Office of President by Reorg. Plan No. 4 of 1949, eff. Aug. 19, 1949, 14 F.R. 5227, 63 Stat. 1067. See note set out under section 3021 of this title.
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# 50 U.S.C. § 3073a - Requirements for certain employment activities by former intelligence officers and employees
## Text
(a) Post-employment restrictions (1) Covered post-service position (A) Permanent restriction Except as provided by paragraph (2)(A), an employee of an element of the intelligence community who occupies a covered intelligence position may not occupy a covered post-service position for a designated prohibited foreign country following the date on which the employee ceases to occupy a covered intelligence position.
(B) Temporary restriction Except as provided by paragraph (2)(A), an employee of an element of the intelligence community who occupies a covered intelligence position may not occupy a covered post-service position during the 30-month period following the date on which the employee ceases to occupy a covered intelligence position.
(2) Waiver (A) Authority to grant waivers The applicable head of an intelligence community element may waive a restriction in paragraph (1) with respect to an employee or former employee who is subject to that restriction only after—
(i) the employee or former employee submits to the applicable head of the intelligence community element a written application for such waiver in such form and manner as the applicable head of the intelligence community element determines appropriate; and
(ii) the applicable head of the element of the intelligence community determines that granting such waiver will not harm the national security interests of the United States.
(B) Period of waiver A waiver issued under subparagraph (A) shall apply for a period not exceeding 5 years. The applicable head of the intelligence community element may renew such a waiver.
(C) Revocation The applicable head of the intelligence community element may revoke a waiver issued under subparagraph (A) to an employee or former employee, effective on the date that is 60 days after the date on which the applicable head of the intelligence community element provides the employee or former employee written notice of such revocation.
(D) Tolling The 30-month restriction in paragraph (1)(B) shall be tolled for an employee or former employee during the period beginning on the date on which a waiver is issued under subparagraph (A) and ending on the date on which the waiver expires or on the effective date of a revocation under subparagraph (C), as the case may be.
(E) Reporting to Congress On a quarterly basis, the head of each element of the intelligence community shall submit to the congressional intelligence committees and the congressional defense committees for Department of Defense elements of the intelligence community, a written notification of each waiver or revocation that shall include the following:
(i) With respect to a waiver issued to an employee or former employee—
(I) the covered intelligence position held or formerly held by the employee or former employee; and
(II) a brief description of the covered post-service employment, including the employer and the recipient of the representation, advice, or services.
(ii) With respect to a revocation of a waiver issued to an employee or former employee—
(I) the details of the waiver, including any renewals of such waiver, and the dates of such waiver and renewals; and
(II) the specific reasons why the applicable head of the intelligence community element determined that such revocation is warranted.
(b) Covered post-service employment reporting (1) Requirement During the period described in paragraph (2), an employee who ceases to occupy a covered intelligence position shall—
(A) report covered post-service employment to the head of the element of the intelligence community that employed such employee in such covered intelligence position upon accepting such covered post-service employment; and
(B) annually (or more frequently if the head of such element considers it appropriate) report covered post-service employment to the head of such element.
(2) Period described The period described in this paragraph is the period beginning on the date on which an employee ceases to occupy a covered intelligence position.
(3) Regulations The head of each element of the intelligence community shall issue regulations requiring, as a condition of employment, each employee of such element occupying a covered intelligence position to sign a written agreement requiring the regular reporting of covered post-service employment to the head of such element pursuant to paragraph (1).
(c) Penalties (1) Criminal penalties A former employee who knowingly and willfully violates subsection (a) or who knowingly and willfully fails to make a required report under subsection (b) shall be fined under title 18 or imprisoned for not more than 5 years, or both. Each report under subsection (b) shall be subject to section 1001 of title 18.
(2) Security clearances The head of an element of the intelligence community shall revoke the security clearance of a former employee if the former employee knowingly and willfully fails to make a required report under subsection (b) or knowingly and willfully makes a false report under such subsection.
(d) Provision of information (1) Training The head of each element of the intelligence community shall regularly provide training on the restrictions under subsection (a) and the reporting requirements under subsection (b) to employees of that element who occupy a covered intelligence position.
(2) Written notice about reporting requirements The head of each element of the intelligence community shall provide written notice of the reporting requirements under subsection (b) to an employee when the employee occupies a covered intelligence position.
(3) Written notice about restrictions The head of each element of the intelligence community shall provide written notice of the restrictions under subsection (a) to any person who may be subject to such restrictions on or after December 23, 2022—
(A) when the head of the element determines that such person may become subject to such covered intelligence position restrictions; and
(B) when the person occupies a covered intelligence position.
(4) Written advisory opinions Upon request from a current employee who occupies a covered intelligence position or a former employee who previously occupied a covered intelligence position, the applicable head of the element of the intelligence community concerned may provide a written advisory opinion to such current or former employee regarding whether a proposed employment, representation, or provision of advice or services constitutes covered post-service employment as defined in subsection (g).
(e) Annual reports (1) Requirement Not later than March 31 of each year, the Director of National Intelligence shall submit to the congressional intelligence committees a report on covered post-service employment occurring during the year covered by the report.
(2) Elements Each report under paragraph (1) shall include the following:
(A) The number of former employees who occupy a covered post-service position, broken down by—
(i) the name of the employer;
(ii) the foreign government, including by the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed; and
(iii) the nature of the services provided as part of the covered post-service employment.
(B) A certification by the Director that—
(i) each element of the intelligence community maintains adequate systems and processes for ensuring that former employees are submitting reports required under subsection (b);
(ii) to the knowledge of the heads of the elements of the intelligence community, all former employees who occupy a covered post-service position are in compliance with this section;
(iii) the services provided by former employees who occupy a covered post-service position do not—
(I) pose a current or future threat to the national security of the United States; or
(II) pose a counterintelligence risk; and
(iv) the Director and the heads of such elements are not aware of any credible information or reporting that any former employee who occupies a covered post-service position has engaged in activities that violate Federal law, infringe upon the privacy rights of United States persons, or constitute abuses of human rights.
(3) Form Each report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(f) Notification In addition to the annual reports under subsection (e), if a head of an element of the intelligence community determines that the services provided by a former employee who occupies a covered post-service position pose a threat or risk described in clause (iii) of paragraph (2)(B) of such subsection, or include activities described in clause (iv) of such paragraph, the head shall notify the congressional intelligence committees of such determination by not later than 7 days after making such determination. The notification shall include the following:
(1) The name of the former employee.
(2) The name of the employer.
(3) The foreign government, including the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed.
(4) As applicable, a description of—
(A) the risk to national security, the counterintelligence risk, or both; and
(B) the activities that may violate Federal law, infringe upon the privacy rights of United States persons, or constitute abuses of human rights.
(g) Definitions In this section:
(1) Covered intelligence position The term “covered intelligence position” means a position within an element of the intelligence community that, based on the level of access of a person occupying such position to information regarding sensitive intelligence sources or methods or other exceptionally sensitive matters, the head of such element determines should be subject to the requirements of this section.
(2) Covered post-service employment The term “covered post-service employment” means direct or indirect employment by, representation of, or any provision of advice or services to the government of a foreign country or any company, entity, or other person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized, in whole or in major part, by any government of a foreign country if such employment, representation, or provision of advice or services relates to national security, intelligence, the military, or internal security.
(3) Covered post-service position The term “covered post-service position” means a position of employment described in paragraph (2).
(4) Designated prohibited foreign country The term “designated prohibited foreign country” means the following:
(A) The Peoples Republic of China.
(B) The Russian Federation.
(C) The Democratic Peoples Republic of Korea.
(D) The Islamic Republic of Iran.
(E) The Republic of Cuba.
(F) The Syrian Arab Republic.
(5) Employee The term “employee”, with respect to an employee occupying a covered intelligence position, includes an officer or official of an element of the intelligence community, a contractor of such an element, a detailee to such an element, or a member of the Armed Forces assigned to such an element.
(6) Former employee The term “former employee” means an individual—
(A) who was an employee occupying a covered intelligence position; and
(B) who is subject to the requirements under subsection (a) or (b).
(7) Government of a foreign country The term “government of a foreign country” has the meaning given the term in section 611(e) of title 22.
(July 26, 1947, ch. 343, title III, § 304, as added Pub. L. 113293, title III, § 305(a), Dec. 19, 2014, 128 Stat. 3995; amended Pub. L. 117103, div. X, title III, § 308(a)(1), Mar. 15, 2022, 136 Stat. 966; Pub. L. 117263, div. F, title LXIII, § 6301(a)(c), Dec. 23, 2022, 136 Stat. 34983500; Pub. L. 11831, div. G, title III, § 7304, Dec. 22, 2023, 137 Stat. 1025; Pub. L. 118159, div. F, title LXVI, § 6615, Dec. 23, 2024, 138 Stat. 2506.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 304 of act July 26, 1947, ch. 343, title III, 61 Stat. 508, was classified to section 171k of former Title 5, Executive Departments and Government Officers and Employees, prior to repeal by Pub. L. 89554, § 8(a), Sept. 6, 1966, 80 Stat. 632.
Amendments2024—Subsec. (a)(1)(A). Pub. L. 118159, § 6615(d)(1), substituted “paragraph (2)(A)” for “paragraph (2)(A)(i)”. Subsec. (a)(1)(B). Pub. L. 118159, § 6615(d)(2), substituted “paragraph (2)(A)” for “paragraph (2)(A)(ii)”. Subsec. (a)(2)(A). Pub. L. 118159, § 6615(a)(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) related to authority to grant a temporary waiver of requirements for certain employment activities by former intelligence officers and employees. Subsec. (a)(2)(B). Pub. L. 118159, § 6615(a)(2), substituted “applicable head of the intelligence community element” for “Director”. Subsec. (a)(2)(C). Pub. L. 118159, § 6615(a)(3), substituted “applicable head of the intelligence community element” for “Director” in two places. Subsec. (a)(2)(E). Pub. L. 118159, § 6615(a)(4), amended subpar. (E) generally. Prior to amendment, subpar. (E) related to notification to congressional intelligence committees of issuance of a waiver or a revocation of a waiver. Subsec. (d)(4). Pub. L. 118159, § 6615(b), added par. (4). Subsec. (g)(2). Pub. L. 118159, § 6615(c), substituted “to the government of a foreign country or any company, entity, or other person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized, in whole or in major part, by any government of a foreign country if such employment, representation, or provision of advice or services relates to national security, intelligence, the military, or internal security” for “relating to national security, intelligence, the military, or internal security to, the government of a foreign country or any company, entity, or other person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized, in whole or in major part, by any government of a foreign country”. 2023—Subsec. (d)(1). Pub. L. 11831, § 7304(1), which directed insertion of “the restrictions under subsection (a) and” before “the report requirements”, was executed by making the insertion before “the reporting requirements” to reflect the probable intent of Congress. Subsec. (d)(2). Pub. L. 11831, § 7304(2), substituted “occupies” for “ceases to occupy”. Subsec. (d)(3)(B). Pub. L. 11831, § 7304(3), substituted “when the person occupies a covered intelligence position” for “before the person ceases to occupy a covered intelligence position”. 2022—Pub. L. 117103 amended section generally. Prior to amendment, section related to reporting of certain employment activities by former intelligence officers and employees. Subsecs. (a), (b). Pub. L. 117263, § 6301(a), amended subsecs. (a) and (b) generally. Prior to amendment, subsecs. (a) and (b) related to temporary restriction and covered post-service employment reporting, respectively. Subsec. (d)(2). Pub. L. 117263, § 6301(c)(2), inserted “about reporting requirements” after “Written notice” in heading. Subsec. (d)(3). Pub. L. 117263, § 6301(c)(1), added par. (3). Subsec. (g)(4) to (7). Pub. L. 117263, § 6301(b), added par. (4) and redesignated former pars. (4) to (6) as (5) to (7), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentPub. L. 117263, div. F, title LXIII, § 6301(e), Dec. 23, 2022, 136 Stat. 3501, provided that: “Subsection (a)(1)(A) of such section 304 [50 U.S.C. 3073a(a)(1)(A)], as amended by subsection (a) of this section, shall apply only to persons who occupy a covered intelligence position on or after the date that is 45 days after the date on which new or updated regulations are issued under subsection (d)(2) of this section [section 6301(d)(2) of Pub. L. 117263, set out in a note below].” Pub. L. 117103, div. X, title III, § 308(a)(2), Mar. 15, 2022, 136 Stat. 970, provided that: “Such section 304 [50 U.S.C. 3073a], as amended by paragraph (1), shall apply with respect to employees who occupy covered intelligence positions (as defined in such section) on or after the date of the enactment of this Act [Mar. 15, 2022].”
Revised RegulationsPub. L. 117263, div. F, title LXIII, § 6301(d), Dec. 23, 2022, 136 Stat. 3500, provided that: “(1) Definition of covered intelligence position.—In this subsection, the term covered intelligence position has the meaning given such term by such section 304 [50 U.S.C. 3073a]. “(2) Submission.—Not later than 30 days after the date of the enactment of this Act [Dec. 23, 2022], the head of each element of the intelligence community shall submit to the congressional intelligence committees new or updated regulations issued to carry out such section 304, as amended by subsections (a), (b), and (c) of this section. “(3) Requirements.—The regulations issued under paragraph (1) shall—“(A) include provisions that advise personnel of the intelligence community of the appropriate manner in which such personnel may opt out of positions that—“(i) have been designated as covered intelligence positions before the effective date established in subsection (e) of this section; or “(ii) may be designated as covered intelligence provisions before such designation becomes final; and “(B) establish a period of not fewer than 30 days and not more than 60 days after receipt of the written notice required under paragraph (3) of subsection (d) of such section 304 [50 U.S.C. 3073a(d)(3)], as added by subsection (c)(1) of this section, within which such personnel may opt out of a covered intelligence position and the accompanying obligations imposed by subsection (a)(1)(A) of such section 304 [50 U.S.C. 3073a(a)(1)(A)], as amended by subsection (a) of this section. “(4) Certification.—Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees—“(A) a written certification for each head of an element of the intelligence community who has issued new or updated regulations pursuant to paragraph (2); and “(B) for each head of an element of the intelligence community who has not issued such new or updated regulations, an explanation for the failure to issue such new or updated regulations.” [For definitions of “intelligence community” and “congressional intelligence committees” as used in section 6301(d) of Pub. L. 117263, set out above, see section 6002 of Pub. L. 117263, set out as a note under section 3003 of this title.] Pub. L. 117103, div. X, title III, § 308(a)(3), Mar. 15, 2022, 136 Stat. 970, provided that: “(A) Submission.—Not later than 90 days after the date of the enactment of this Act [Mar. 15, 2022], the head of each element of the intelligence community shall submit to the congressional intelligence committees new or updated regulations issued under such section 304 [50 U.S.C. 3073a], as amended by paragraph (1). “(B) Certification.—Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees—“(i) a written certification for each head of an element of the intelligence community who has issued the updated regulations under such section 304, as amended by paragraph (1); and “(ii) for each head of an element of the intelligence community who has not issued such updated regulations, an explanation for the failure to issue such updated regulations.” [For definitions of “congressional intelligence committees” and “intelligence community” as used in section 308(a)(3) of div. X of Pub. L. 117103, set out above, see section 2 of div. X of Pub. L. 117103, set out as a note under section 3003 of this title.]
Regulations and CertificationPub. L. 113293, title III, § 305(b), Dec. 19, 2014, 128 Stat. 3996, provided that: “(1) Regulations.—Not later than 90 days after the date of the enactment of this Act [Dec. 19, 2014], the head of each element of the intelligence community shall issue the regulations required under section 304 of the National Security Act of 1947 [50 U.S.C. 3073a], as added by subsection (a) of this section. “(2) Certification.—Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees—“(A) a certification that each head of an element of the intelligence community has prescribed the regulations required under section 304 of the National Security Act of 1947, as added by subsection (a) of this section; or “(B) if the Director is unable to submit the certification described under subparagraph (A), an explanation as to why the Director is unable to submit such certification, including a designation of which heads of an element of the intelligence community have prescribed the regulations required under such section 304 and which have not.” [For definitions of terms used in section 305(b) of Pub. L. 113293, set out above, see section 2 of Pub. L. 113293, set out as a note under section 3003 of this title.]
Initial ReportPub. L. 117103, div. X, title III, § 308(a)(4), Mar. 15, 2022, 136 Stat. 970, provided that: “In the first report submitted by the Director of National Intelligence under subsection (e) of such section 304 [50 U.S.C. 3073a(e)], as amended by paragraph (1), the Director shall include an assessment of the licensing requirements under the Arms Export Control Act (22 U.S.C. 2751 et seq.) and recommendations with respect to strengthening the activities regulated under such section 304.”
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# 50 U.S.C. § 3074 - Authorization of appropriations
## Text
There are authorized to be appropriated such sums as may be necessary and appropriate to carry out the provisions and purposes of this chapter (other than the provisions and purposes of sections 3023, 3025, 3035, 3038 of this title and subchapters III, IV, and V).
(July 26, 1947, ch. 343, title III, § 307, 61 Stat. 509; Pub. L. 103178, title III, § 309, Dec. 3, 1993, 107 Stat. 2036.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, 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 chapter. For complete classification of this Act to the Code, see Tables.
Codification Section was formerly classified to section 411 of this title prior to editorial reclassification and renumbering as this section, and to section 171m of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89554, § 1, Sept. 6, 1966, 80 Stat. 378.
Amendments1993—Pub. L. 103178 inserted exception relating to sections 3023, 3025, 3035, and 3038 of this title and subchapters III, IV, and V.
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# 50 U.S.C. § 3075 - “Function” and “Department of Defense” defined
## Text
(a) As used in sections 3002, 3021, 3023, 3025, and 3073 of this title, the term “function” includes functions, powers, and duties.
(b) As used in this Act, the term “Department of Defense” shall be deemed to include the military departments of the Army, the Navy, and the Air Force, and all agencies created under title II of this Act.
(July 26, 1947, ch. 343, title III, § 308, 61 Stat. 509; Aug. 10, 1949, ch. 412, § 12(e), 63 Stat. 591; Pub. L. 11692, div. E, title LXVII, § 6742(b)(10), Dec. 20, 2019, 133 Stat. 2240.)
## Notes
Editorial Notes
References in TextTitle II of this Act, referred to in subsec. (b), means title II of the National Security Act of 1947, act July 26, 1947, ch. 343, 61 Stat. 499. Section 201(d) of title II, which was formerly classified to section 408 of this title prior to editorial reclassification and renumbering as section 3005 of this title, was repealed by Pub. L. 87651, § 307, Sept. 7, 1962, 76 Stat. 526. Section 201, enacted by Pub. L. 11692, div. E, title LXVII, § 6742(b)(6), 133 Stat. 2240, is classified to section 3005 of this title. Sections 205(c), 206(a), and 207(c) of title II, renumbered sections 205(b), 206, and 207 by Pub. L. 11692, div. E, title LXVII, § 6742(b)(7)(9), 133 Stat. 2240, were formerly classified to section 409 of this title prior to editorial reclassification and renumbering as section 3004 of this title. For complete classification of title II to the Code, see Tables.
Codification Section was formerly classified to section 410 of this title prior to editorial reclassification and renumbering as this section, and to section 171n of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89554, § 1, Sept. 6, 1966, 80 Stat. 378.
Amendments2019—Subsec. (a). Pub. L. 11692 substituted “sections 3002, 3021, 3023, 3025, and 3073 of this title” for “this Act”. 1949—Subsec. (b). Act Aug. 10, 1949, substituted definition of “Department of Defense” for definition of “budget program”.
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# 50 U.S.C. § 3076 - Separability
## Text
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and of the application of such provision to other persons and circumstances shall not be affected thereby.
(July 26, 1947, ch. 343, title III, § 309, 61 Stat. 509.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, 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 chapter. For complete classification of this Act to the Code, see Tables.
Codification Section was formerly classified as a note under section 401 of this title prior to editorial reclassification as this section.
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# 50 U.S.C. § 3077 - Effective date
## Text
(a) The first sentence of section 202(a),11 See References in Text note below. this section, and sections 3001, 3002, 3074, 3075, and 3076 of this title shall take effect July 26, 1947.
(b) Except as provided in subsection (a), the provisions of this chapter shall take effect on whichever of the following days is the earlier: The day after the day upon which the Secretary of Defense first appointed takes office, or the sixtieth day after July 26, 1947.
(July 26, 1947, ch. 343, title III, § 310, 61 Stat. 509.)
## Notes
Editorial Notes
References in TextThe first sentence of section 202(a), referred to in subsec. (a), means the first sentence of section 202(a) of act July 26, 1947, ch. 343, which was classified to section 171a of former Title 5, Executive Departments and Government Officers and Employees, prior to the enactment of Title 5, Government Organization and Employees, by Pub. L. 89554, § 1, Sept. 6, 1966, 80 Stat. 378. This chapter, referred to in subsec. (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 chapter. For complete classification of this Act to the Code, see Tables.
Codification Section was formerly classified as a note under section 401 of this title prior to editorial reclassification as this section.
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# 50 U.S.C. § 3078 - Repealing and savings provisions
## Text
All laws, orders, and regulations inconsistent with the provisions of this title 11 See References in Text note below. are repealed insofar as they are inconsistent with the powers, duties, and responsibilities enacted hereby: Provided, That the powers, duties, and responsibilities of the Secretary of Defense under this title 1 shall be administered in conformance with the policy and requirements for administration of budgetary and fiscal matters in the Government generally, including accounting and financial reporting, and that nothing in this title 1 shall be construed as eliminating or modifying the powers, duties, and responsibilities of any other department, agency, or officer of the Government in connection with such matters, but no such department, agency, or officer shall exercise any such powers, duties, or responsibilities in a manner that will render ineffective the provisions of this title.1
(July 26, 1947, ch. 343, title III, § 312, formerly title IV, § 411, as added Aug. 10, 1949, ch. 412, § 11, 63 Stat. 590; renumbered title III, § 312, Pub. L. 11692, div. E, title LXVII, § 6742(b)(11), Dec. 20, 2019, 133 Stat. 2240.)
## Notes
Editorial Notes
References in TextThis title, referred to in text, meant, when enacted, title IV of act July 26, 1947, ch. 343, which was added by section 11 of act Aug. 10, 1949, ch. 412, 63 Stat. 585, and which consisted of sections 401 to 411, this section being section 411. Section 11 of act Aug. 10, 1949—except for “§ 411”—was repealed by Pub. L. 87651, § 307, Sept. 7, 1962, 76 Stat. 526. Although that repeal was executed by repealing title IV of act July 26, 1947 (except for this section), and the subsequent renumbering of section 411 of that Act as section 312 suggests that this section is now within title III, it is unclear whether the reference to “this title” should now be interpreted as referring to title III (classified to this subchapter) or whether it continues to refer to the now eliminated title IV. See Codification note below.
Codification When originally enacted, this section was section 411 of title IV of the National Security Act of 1947, act July 26, 1947, ch. 343 (“the Act”). Title IV of the Act, consisting of sections 401 to 411, was added by section 11 of act Aug. 10, 1949, ch. 412, 63 Stat. 585. Provisions of title IV of the Act were restated by Pub. L. 87651, Sept. 7, 1962, 76 Stat. 506, section 307 of which (at 76 Stat. 526) subsequently repealed section 11 of act Aug. 10, 1949—except for “§ 411”—but did not repeal any of the sections in title IV directly. Nevertheless, the repeal of section 11, except for “§ 411”, was executed as a repeal of title IV of the Act, except for this section. There is debate as to whether any of title IV of the Act continued to exist after the repeal such that section 411 remained a part of it or whether all other traces of the title were eliminated completely so that section 411 was effectively absorbed into title III. The subsequent renumbering of section 411 of the Act as section 312 by Pub. L. 11692 suggests that this section should be considered within title III (as shown in the credit above), although there has been no explicit amendment renumbering the title of the Act containing it. Section was classified to section 3006 of this title prior to renumbering by Pub. L. 11692. Section was formerly classified to section 412 of this title prior to editorial reclassification and renumbering as section 3006, and to section 172j of former Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89554, § 1, Sept. 6, 1966, 80 Stat. 378.
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# 50 U.S.C. § 3079 - Insider threat policy compliance and reporting
## Text
The head of each element of the intelligence community shall—
(1) implement the policy established in accordance with section 3024(e)(8) of this title; and
(2) concurrent with the submission to Congress of budget justification materials in support of the budget of the President for a fiscal year that is submitted to Congress under section 1105(a) of title 31, submit to Congress a certification as to whether the element is in compliance with such policy.
(July 26, 1947, ch. 343, title III, § 313, as added Pub. L. 117263, div. F, title LXIII, § 6314(b), Dec. 23, 2022, 136 Stat. 3511; amended Pub. L. 11960, div. F, title LXIV, § 6402(c)(2)(A)(iii), Dec. 18, 2025, 139 Stat. 1616.)
## Notes
Editorial Notes
Amendments2025—Par. (1). Pub. L. 11960 substituted “with section 3024(e)(8)” for “with section 3024(f)(8)”.
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# 50 U.S.C. § 3091 - General congressional oversight provisions
## Text
(a) Reports to congressional committees of intelligence activities and anticipated activities (1) The President shall ensure that the congressional intelligence committees are kept fully and currently informed of the intelligence activities of the United States, including any significant anticipated intelligence activity as required by this subchapter.
(2) Nothing in this subchapter shall be construed as requiring the approval of the congressional intelligence committees as a condition precedent to the initiation of any significant anticipated intelligence activity.
(b) Reports concerning illegal intelligence activities The President shall ensure that any illegal intelligence activity is reported promptly to the congressional intelligence committees, as well as any corrective action that has been taken or is planned in connection with such illegal activity.
(c) Procedures for reporting information The President and the congressional intelligence committees shall each establish such written procedures as may be necessary to carry out the provisions of this subchapter.
(d) Procedures to protect from unauthorized disclosure The House of Representatives and the Senate shall each establish, by rule or resolution of such House, procedures to protect from unauthorized disclosure all classified information, and all information relating to intelligence sources and methods, that is furnished to the congressional intelligence committees or to Members of Congress under this subchapter. Such procedures shall be established in consultation with the Director of National Intelligence. In accordance with such procedures, each of the congressional intelligence committees shall promptly call to the attention of its respective House, or to any appropriate committee or committees of its respective House, any matter relating to intelligence activities requiring the attention of such House or such committee or committees.
(e) Construction of authority conferred Nothing in this chapter shall be construed as authority to withhold information from the congressional intelligence committees on the grounds that providing the information to the congressional intelligence committees would constitute the unauthorized disclosure of classified information or information relating to intelligence sources and methods.
(f) “Intelligence activities” defined As used in this section, the term “intelligence activities” includes covert actions as defined in section 3093(e) of this title, and includes financial intelligence activities.
(July 26, 1947, ch. 343, title V, § 501, as added Pub. L. 10288, title VI, § 602(a)(2), Aug. 14, 1991, 105 Stat. 441; amended Pub. L. 107306, title III, §§ 342(b), 353(b)(3)(A), (7), Nov. 27, 2002, 116 Stat. 2399, 2402; Pub. L. 108458, title I, § 1071(a)(1)(V), Dec. 17, 2004, 118 Stat. 3689; Pub. L. 111259, title III, § 331(a), Oct. 7, 2010, 124 Stat. 2685.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (e), 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 chapter. For complete classification of this Act to the Code, see Tables.
Codification Section was formerly classified to section 413 of this title prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 501 of act July 26, 1947, ch. 343, title V, as added Pub. L. 96450, title IV, § 407(b)(1), Oct. 14, 1980, 94 Stat. 1981, related to congressional oversight of intelligence activities, prior to repeal by Pub. L. 10288, § 602(a)(2).
Amendments2010—Subsec. (c). Pub. L. 111259 substituted “such written procedures” for “such procedures”. 2004—Subsec. (d). Pub. L. 108458 substituted “Director of National Intelligence” for “Director of Central Intelligence”. 2002—Subsec. (a). Pub. L. 107306, § 353(b)(3)(A), substituted “congressional intelligence committees” for “intelligence committees” wherever appearing. Subsec. (a)(2), (3). Pub. L. 107306, § 353(b)(7), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “As used in this subchapter, the term congressional intelligence committees means the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.” Subsecs. (b) to (e). Pub. L. 107306, § 353(b)(3)(A), substituted “congressional intelligence committees” for “intelligence committees” wherever appearing. Subsec. (f). Pub. L. 107306, § 342(b), inserted “, and includes financial intelligence activities” before period at end.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentFor Determination by President that amendment by Pub. L. 108458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
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# 50 U.S.C. § 3091a - Congressional oversight of controlled access programs
## Text
(a) Periodic briefings (1) Requirement Not less frequently than semiannually or upon request by one of the appropriate congressional committees or a member of congressional leadership, the Director of National Intelligence shall provide to such committees and congressional leadership a briefing on each controlled access program in effect.
(2) Contents Each briefing provided under paragraph (1) shall include, at a minimum, the following:
(A) A description of the activity of the controlled access programs during the period covered by the briefing.
(B) Documentation with respect to how the controlled access programs have achieved outcomes consistent with requirements documented by the Director and, as applicable, the Secretary of Defense.
(b) Limitations (1) Establishment A head of an element of the intelligence community may not establish a controlled access program, or a compartment or subcompartment therein, until the head notifies the appropriate congressional committees and congressional leadership of such controlled access program, compartment, or subcompartment, as the case may be.
(2) Transfers (A) Limitation Except as provided in subparagraph (B), a head of an element of the intelligence community may not transfer a capability from a controlled access program, including from a compartment or subcompartment therein to a compartment or subcompartment of another controlled access program, to a special access program (as defined in section 3348(g) of this title), or to anything else outside the controlled access program, until the head submits to the appropriate congressional committees and congressional leadership notice of the intent of the head to make such transfer.
(B) Exception The head of an element of the intelligence community may make a transfer described in subparagraph (A) without prior congressional notification if the head determines that doing so—
(i) is required to mitigate an urgent counterintelligence issue; or
(ii) is necessary to maintain access in the event of an organizational restructuring.
(c) Limitation on spending Funds authorized to be appropriated for the National Intelligence Program may not be obligated or expended for any controlled access program, or a compartment or subcompartment therein, until the head of the element of the intelligence community responsible for the establishment of such program, compartment, or subcompartment, submits the notification required by subsection (b).
(d) Annual reports (1) Requirement On an annual basis, the head of each element of the intelligence community shall submit to the appropriate congressional committees and congressional leadership a report on controlled access programs administered by the head.
(2) Matters included Each report submitted under paragraph (1) shall include, with respect to the period covered by the report, the following:
(A) A list of all compartments and subcompartments of controlled access programs active as of the date of the report.
(B) A list of all compartments and subcompartments of controlled access programs terminated during the period covered by the report.
(C) With respect to the report submitted by the Director of National Intelligence, in addition to the matters specified in clauses (A) and (B)—
(i) a certification regarding whether the creation, validation, or substantial modification, including termination, for all existing and proposed controlled access programs, and the compartments and subcompartments within each, are substantiated and justified based on the information required by clause (ii); and
(ii) for each certification—
(I) the rationale for the revalidation, validation, or substantial modification, including termination, of each controlled access program, compartment, and subcompartment;
(II) the identification of a control officer for each controlled access program; and
(III) a statement of protection requirements for each controlled access program.
(e) Definitions In this section:
(1) Appropriate congressional committees The term “appropriate congressional committees” means—
(A) the congressional intelligence committees;
(B) the Committee on Appropriations of the Senate; and
(C) the Committee on Appropriations of the House of Representatives.
(2) Congressional leadership The term “congressional leadership” means—
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives; and
(D) the minority leader of the House of Representatives.
(3) Controlled access program The term “controlled access program” means a program created or managed pursuant to Intelligence Community Directive 906, or successor directive.
(July 26, 1947, ch. 343, title V, § 501A, as added Pub. L. 117103, div. X, title V, § 504, Mar. 15, 2022, 136 Stat. 986; amended Pub. L. 118159, div. F, title LXVI, §§ 6602(a), 6603, Dec. 23, 2024, 138 Stat. 2502.)
## Notes
Editorial Notes
References in TextIntelligence Community Directive 906, referred to in subsec. (e)(3), is located at https://www.dni.gov/files/documents/ICD/ICD-906-Controlled-Access-Programs.pdf.
Amendments2024—Subsec. (b). Pub. L. 118159, § 6603, substituted “Limitations” for “Limitation on establishment” in subsec. heading, designated existing provisions as par. (1) and inserted par. heading, and added par. (2). Subsecs. (c) to (e). Pub. L. 118159, § 6602(a), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2024 AmendmentPub. L. 118159, div. F, title LXVI, § 6602(b), Dec. 23, 2024, 138 Stat. 2502, provided that: “Subsection (c) of such section [meaning 50 U.S.C. 3091a] shall apply with respect to controlled access programs (as defined in such section), and compartments and subcompartments therein, that are established on or after the date of the enactment of this Act [Dec. 23, 2024].”
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# 50 U.S.C. § 3092 - Reporting of intelligence activities other than covert actions
## Text
(a) In general To the extent consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters, the Director of National Intelligence and the heads of all departments, agencies, and other entities of the United States Government involved in intelligence activities shall—
(1) keep the congressional intelligence committees fully and currently informed of all intelligence activities, other than a covert action (as defined in section 3093(e) of this title), which are the responsibility of, are engaged in by, or are carried out for or on behalf of, any department, agency, or entity of the United States Government, including any significant anticipated intelligence activity and any significant intelligence failure; and
(2) furnish the congressional intelligence committees any information or material concerning intelligence activities (including the legal basis under which the intelligence activity is being or was conducted), other than covert actions, which is within their custody or control, and which is requested by either of the congressional intelligence committees in order to carry out its authorized responsibilities.
(b) Form and contents of certain reports Any report relating to a significant anticipated intelligence activity or a significant intelligence failure that is submitted to the congressional intelligence committees for purposes of subsection (a)(1) shall be in writing, and shall contain the following:
(1) A concise statement of any facts pertinent to such report.
(2) An explanation of the significance of the intelligence activity or intelligence failure covered by such report.
(c) Standards and procedures for certain reports The Director of National Intelligence, in consultation with the heads of the departments, agencies, and entities referred to in subsection (a), shall establish standards and procedures applicable to reports covered by subsection (b).
(July 26, 1947, ch. 343, title V, § 502, as added Pub. L. 10288, title VI, § 602(a)(2), Aug. 14, 1991, 105 Stat. 442; amended Pub. L. 107108, title III, § 305, Dec. 28, 2001, 115 Stat. 1398; Pub. L. 107306, title III, § 353(b)(3)(B), Nov. 27, 2002, 116 Stat. 2402; Pub. L. 108458, title I, § 1071(a)(1)(W), (X), Dec. 17, 2004, 118 Stat. 3689; Pub. L. 111259, title III, § 331(b), Oct. 7, 2010, 124 Stat. 2685.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 413a of this title prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 502 of act July 26, 1947, ch. 343, was renumbered section 504 and is classified to section 3094 of this title.
Amendments2010—Subsec. (a)(2). Pub. L. 111259 inserted “(including the legal basis under which the intelligence activity is being or was conducted)” after “concerning intelligence activities”. 2004—Subsec. (a). Pub. L. 108458, § 1071(a)(1)(W), substituted “Director of National Intelligence” for “Director of Central Intelligence” in introductory provisions. Subsec. (c). Pub. L. 108458, § 1071(a)(1)(X), substituted “Director of National Intelligence” for “Director of Central Intelligence”. 2002—Subsecs. (a), (b). Pub. L. 107306 substituted “congressional intelligence committees” for “intelligence committees” wherever appearing. 2001—Pub. L. 107108 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentFor Determination by President that amendment by Pub. L. 108458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Furnishing of Intelligence Information to Senate and House Select Committees on IntelligencePub. L. 10288, title IV, § 405, Aug. 14, 1991, 105 Stat. 434, provided that: “(a) Furnishing of Specific Information.—In accordance with title V of the National Security Act of 1947 [50 U.S.C. 3091 et seq.], the head of any department or agency of the United States involved in any intelligence activities which may pertain to United States military personnel listed as prisoner, missing, or unaccounted for in military actions shall furnish any information or documents in the possession, custody, or control of the department or agency, or person paid by such department or agency, whenever requested by the Permanent Select Committee on Intelligence of the House of Representatives or the Select Committee on Intelligence of the Senate. “(b) Access by Committees and Members of Congress.—In accordance with Senate Resolution 400, Ninety-Fourth Congress, and House Resolution 658, Ninety-Fifth Congress, the committees named in subsection (a) shall, upon request and under such regulations as the committees have prescribed to protect the classification of such information, make any information described in subsection (a) available to any other committee or any other Member of Congress and appropriately cleared staff.”
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# 50 U.S.C. § 3093 - Presidential approval and reporting of covert actions
## Text
(a) Presidential findings The President may not authorize the conduct of a covert action by departments, agencies, or entities of the United States Government unless the President determines such an action is necessary to support identifiable foreign policy objectives of the United States and is important to the national security of the United States, which determination shall be set forth in a finding that shall meet each of the following conditions:
(1) Each finding shall be in writing, unless immediate action by the United States is required and time does not permit the preparation of a written finding, in which case a written record of the Presidents decision shall be contemporaneously made and shall be reduced to a written finding as soon as possible but in no event more than 48 hours after the decision is made.
(2) Except as permitted by paragraph (1), a finding may not authorize or sanction a covert action, or any aspect of any such action, which already has occurred.
(3) Each finding shall specify each department, agency, or entity of the United States Government authorized to fund or otherwise participate in any significant way in such action. Any employee, contractor, or contract agent of a department, agency, or entity of the United States Government other than the Central Intelligence Agency directed to participate in any way in a covert action shall be subject either to the policies and regulations of the Central Intelligence Agency, or to written policies or regulations adopted by such department, agency, or entity, to govern such participation.
(4) Each finding shall specify whether it is contemplated that any third party which is not an element of, or a contractor or contract agent of, the United States Government, or is not otherwise subject to United States Government policies and regulations, will be used to fund or otherwise participate in any significant way in the covert action concerned, or be used to undertake the covert action concerned on behalf of the United States.
(5) A finding may not authorize any action that would violate the Constitution or any statute of the United States.
(b) Reports to congressional intelligence committees; production of information To the extent consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters, the Director of National Intelligence and the heads of all departments, agencies, and entities of the United States Government involved in a covert action—
(1) shall keep the congressional intelligence committees fully and currently informed of all covert actions which are the responsibility of, are engaged in by, or are carried out for or on behalf of, any department, agency, or entity of the United States Government, including significant failures; and
(2) shall furnish to the congressional intelligence committees any information or material concerning covert actions (including the legal basis under which the covert action is being or was conducted) which is in the possession, custody, or control of any department, agency, or entity of the United States Government and which is requested by either of the congressional intelligence committees in order to carry out its authorized responsibilities.
(c) Timing of reports; access to finding (1) The President shall ensure that any finding approved pursuant to subsection (a) shall be reported in writing to the congressional intelligence committees as soon as possible after such approval and before the initiation of the covert action authorized by the finding, except as otherwise provided in paragraph (2) and paragraph (3).
(2) If the President determines that it is essential to limit access to the finding to meet extraordinary circumstances affecting vital interests of the United States, the finding may be reported to the chairmen and ranking minority members of the congressional intelligence committees, the Speaker and minority leader of the House of Representatives, the majority and minority leaders of the Senate, and such other member or members of the congressional leadership as may be included by the President.
(3) Whenever a finding is not reported pursuant to paragraph (1) or (2) of this subsection, the President shall fully inform the congressional intelligence committees in a timely fashion and shall provide a statement of the reasons for not giving prior notice.
(4) In a case under paragraph (1), (2), or (3), a copy of the finding, signed by the President, shall be provided to the chairman of each congressional intelligence committee.
(5) (A) When access to a finding, or a notification provided under subsection (d)(1), is limited to the Members of Congress specified in paragraph (2), a written statement of the reasons for limiting such access shall also be provided.
(B) Not later than 180 days after a statement of reasons is submitted in accordance with subparagraph (A) or this subparagraph, the President shall ensure that—
(i) all members of the congressional intelligence committees are provided access to the finding or notification; or
(ii) a statement of reasons that it is essential to continue to limit access to such finding or such notification to meet extraordinary circumstances affecting vital interests of the United States is submitted to the Members of Congress specified in paragraph (2).
(d) Changes in previously approved actions (1) The President shall ensure that the congressional intelligence committees, or, if applicable, the Members of Congress specified in subsection (c)(2), are notified in writing of any significant change in a previously approved covert action, or any significant undertaking pursuant to a previously approved finding, in the same manner as findings are reported pursuant to subsection (c).
(2) In determining whether an activity constitutes a significant undertaking for purposes of paragraph (1), the President shall consider whether the activity—
(A) involves significant risk of loss of life;
(B) requires an expansion of existing authorities, including authorities relating to research, development, or operations;
(C) results in the expenditure of significant funds or other resources;
(D) requires notification under section 3094 of this title;
(E) gives rise to a significant risk of disclosing intelligence sources or methods; or
(F) presents a reasonably foreseeable risk of serious damage to the diplomatic relations of the United States if such activity were disclosed without authorization.
(e) “Covert action” defined As used in this subchapter, the term “covert action” means an activity or activities of the United States Government to influence political, economic, or military conditions abroad, where it is intended that the role of the United States Government will not be apparent or acknowledged publicly, but does not include—
(1) activities the primary purpose of which is to acquire intelligence, traditional counterintelligence activities, traditional activities to improve or maintain the operational security of United States Government programs, or administrative activities;
(2) traditional diplomatic or military activities or routine support to such activities;
(3) traditional law enforcement activities conducted by United States Government law enforcement agencies or routine support to such activities; or
(4) activities to provide routine support to the overt activities (other than activities described in paragraph (1), (2), or (3)) of other United States Government agencies abroad.
(f) Prohibition on covert actions intended to influence United States political processes, etc. No covert action may be conducted which is intended to influence United States political processes, public opinion, policies, or media.
(g) Notice and general description where access to finding or notification limited; maintenance of records and written statements (1) In any case where access to a finding reported under subsection (c) or notification provided under subsection (d)(1) is not made available to all members of a congressional intelligence committee in accordance with subsection (c)(2), the President shall notify all members of such committee that such finding or such notification has been provided only to the members specified in subsection (c)(2).
(2) In any case where access to a finding reported under subsection (c) or notification provided under subsection (d)(1) is not made available to all members of a congressional intelligence committee in accordance with subsection (c)(2), the President shall provide to all members of such committee a general description regarding the finding or notification, as applicable, consistent with the reasons for not yet fully informing all members of such committee.
(3) The President shall maintain—
(A) a record of the members of Congress to whom a finding is reported under subsection (c) or notification is provided under subsection (d)(1) and the date on which each member of Congress receives such finding or notification; and
(B) each written statement provided under subsection (c)(5).
(h) Plan to respond to unauthorized public disclosure of covert action For each type of activity undertaken as part of a covert action, the President shall establish in writing a plan to respond to the unauthorized public disclosure of that type of activity.
(July 26, 1947, ch. 343, title V, § 503, as added Pub. L. 10288, title VI, § 602(a)(2), Aug. 14, 1991, 105 Stat. 442; amended Pub. L. 107306, title III, § 353(b)(3)(C), (8), Nov. 27, 2002, 116 Stat. 2402; Pub. L. 108458, title I, § 1071(a)(1)(Y), Dec. 17, 2004, 118 Stat. 3689; Pub. L. 111259, title III, § 331(c), Oct. 7, 2010, 124 Stat. 2685; Pub. L. 113126, title III, § 308, July 7, 2014, 128 Stat. 1397; Pub. L. 11692, div. E, title LXVII, § 6742(b)(12), Dec. 20, 2019, 133 Stat. 2240; Pub. L. 11831, div. G, title IX, § 7901(a)(2), Dec. 22, 2023, 137 Stat. 1106.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 413b of this title prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 503 of act July 26, 1947, ch. 343, was renumbered section 505 and is classified to section 3095 of this title.
Amendments2023—Subsec. (c)(3). Pub. L. 11831 substituted “subsection” for “section”. 2019—Subsecs. (c)(5), (d)(2). Pub. L. 11692 realigned margins. 2014—Subsec. (h). Pub. L. 113126 added subsec. (h). 2010—Subsec. (b)(2). Pub. L. 111259, § 331(c)(1), inserted “(including the legal basis under which the covert action is being or was conducted)” before “which is in the possession”. Subsec. (c)(1). Pub. L. 111259, § 331(c)(2)(A), inserted “in writing” after “be reported”. Subsec. (c)(4). Pub. L. 111259, § 331(c)(2)(B), redesignated second sentence of par. (4) as (5)(A). Subsec. (c)(5)(A). Pub. L. 111259, § 331(c)(2)(C)(i), inserted “, or a notification provided under subsection (d)(1),” before “is limited” and “written” before “statement”. Pub. L. 111259, § 331(c)(2)(B), redesignated second sentence of par. (4) as (5)(A). Subsec. (c)(5)(B). Pub. L. 111259, § 331(c)(2)(C)(ii), added subpar. (B). Subsec. (d). Pub. L. 111259, § 331(c)(3), designated existing provisions as par. (1), inserted “in writing” after “notified”, and added par. (2). Subsec. (g). Pub. L. 111259, § 331(c)(4), added subsec. (g). 2004—Subsec. (b). Pub. L. 108458 substituted “Director of National Intelligence” for “Director of Central Intelligence” in introductory provisions. 2002—Subsecs. (b), (c)(1) to (3). Pub. L. 107306, § 353(b)(3)(C), substituted “congressional intelligence committees” for “intelligence committees” wherever appearing. Subsec. (c)(4). Pub. L. 107306, § 353(b)(8), substituted “congressional intelligence committee” for “intelligence committee”. Subsec. (d). Pub. L. 107306, § 353(b)(3)(C), substituted “congressional intelligence committees” for “intelligence committees”.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentFor Determination by President that amendment by Pub. L. 108458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
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# 50 U.S.C. § 3094 - Funding of intelligence activities
## Text
(a) Obligations and expenditures for intelligence or intelligence-related activity; prerequisites Appropriated funds available to an intelligence agency may be obligated or expended for an intelligence or intelligence-related activity only if—
(1) those funds were specifically authorized by Congress for use for such intelligence or intelligence-related activities; or
(2) in the case of funds from the Reserve for Contingencies of the Central Intelligence Agency and consistent with the provisions of section 3093 of this title concerning any significant anticipated intelligence activity, the Director of the Central Intelligence Agency has notified the appropriate congressional committees of the intent to make such funds available for such activity; or
(3) in the case of funds specifically authorized by the Congress for a different activity—
(A) the activity to be funded is a higher priority intelligence or intelligence-related activity;
(B) the use of such funds for such activity supports an emergent need, improves program effectiveness, or increases efficiency; and
(C) the Director of National Intelligence, the Secretary of Defense, or the Attorney General, as appropriate, has notified the appropriate congressional committees of the intent to make such funds available for such activity;
(4) nothing in this subsection prohibits obligation or expenditure of funds available to an intelligence agency in accordance with sections 1535 and 1536 of title 31.
(b) Activities denied funding by Congress Funds available to an intelligence agency may not be made available for any intelligence or intelligence-related activity for which funds were denied by the Congress.
(c) Presidential finding required for expenditure of funds on covert action No funds appropriated for, or otherwise available to, any department, agency, or entity of the United States Government may be expended, or may be directed to be expended, for any covert action, as defined in section 3093(e) of this title, unless and until a Presidential finding required by subsection (a) of section 3093 of this title has been signed or otherwise issued in accordance with that subsection.
(d) Report to congressional committees required for expenditure of nonappropriated funds for intelligence activity (1) Except as otherwise specifically provided by law, funds available to an intelligence agency that are not appropriated funds may be obligated or expended for an intelligence or intelligence-related activity only if those funds are used for activities reported to the appropriate congressional committees pursuant to procedures which identify—
(A) the types of activities for which nonappropriated funds may be expended; and
(B) the circumstances under which an activity must be reported as a significant anticipated intelligence activity before such funds can be expended.
(2) Procedures for purposes of paragraph (1) shall be jointly agreed upon by the congressional intelligence committees and, as appropriate, the Director of National Intelligence or the Secretary of Defense.
(e) Definitions As used in this section—
(1) the term “intelligence agency” means any department, agency, or other entity of the United States involved in intelligence or intelligence-related activities;
(2) the term “appropriate congressional committees” means the Permanent Select Committee on Intelligence and the Committee on Appropriations of the House of Representatives and the Select Committee on Intelligence and the Committee on Appropriations of the Senate; and
(3) the term “specifically authorized by the Congress” means that—
(A) the activity and the amount of funds proposed to be used for that activity were identified in a formal budget request to the Congress, but funds shall be deemed to be specifically authorized for that activity only to the extent that the Congress both authorized the funds to be appropriated for that activity and appropriated the funds for that activity; or
(B) although the funds were not formally requested, the Congress both specifically authorized the appropriation of the funds for the activity and appropriated the funds for the activity.
(July 26, 1947, ch. 343, title V, § 504, formerly § 502, as added Pub. L. 99169, title IV, § 401(a), Dec. 4, 1985, 99 Stat. 1004; renumbered § 504 and amended Pub. L. 10288, title VI, §§ 602(a)(1), (c)(1), 603, Aug. 14, 1991, 105 Stat. 441, 444; Pub. L. 107306, title III, § 353(b)(3)(D), Nov. 27, 2002, 116 Stat. 2402; Pub. L. 108458, title I, § 1071(a)(1)(Z), (AA), (5), Dec. 17, 2004, 118 Stat. 3689, 3690; Pub. L. 111259, title III, § 362, Oct. 7, 2010, 124 Stat. 2701; Pub. L. 11692, div. E, title LXVII, § 6742(b)(13), Dec. 20, 2019, 133 Stat. 2240; Pub. L. 117103, div. X, title V, § 503, Mar. 15, 2022, 136 Stat. 986.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 414 of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.
Amendments2022—Subsec. (a)(1). Pub. L. 117103 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “those funds were specifically authorized by the Congress for use for such activities; or”. 2019—Subsec. (a)(3)(B). Pub. L. 11692 realigned margin. 2010—Subsec. (a)(3)(B). Pub. L. 111259 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “the need for funds for such activity is based on unforseen requirements; and”. 2004—Subsec. (a)(2). Pub. L. 108458, § 1071(a)(5), substituted “Director of the Central Intelligence Agency” for “Director of Central Intelligence”. Subsec. (a)(3)(C). Pub. L. 108458, § 1071(a)(1)(Z), substituted “Director of National Intelligence” for “Director of Central Intelligence”. Subsec. (d)(2). Pub. L. 108458, § 1071(a)(1)(AA), substituted “Director of National Intelligence” for “Director of Central Intelligence”. 2002—Subsec. (d)(2). Pub. L. 107306 substituted “congressional intelligence committees” for “intelligence committees”. 1991—Subsec. (a)(2). Pub. L. 10288, § 602(c)(1), substituted “section 413b” for “section 413”. Subsecs. (c) to (e). Pub. L. 10288, § 603, added subsecs. (c) and (d) and redesignated former subsec. (c) as (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentFor Determination by President that amendment by Pub. L. 108458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Sense of Congress Regarding Disclosure of Annual Intelligence BudgetPub. L. 102496, title III, § 303, Oct. 24, 1992, 106 Stat. 3183, provided that: “It is the sense of Congress that, beginning in 1993, and in each year thereafter, the aggregate amount requested and authorized for, and spent on, intelligence and intelligence-related activities should be disclosed to the public in an appropriate manner.” Similar provisions were contained in the following prior appropriation act: Pub. L. 102183, title VII, § 701, Dec. 4, 1991, 105 Stat. 1270.
Enhanced Security Countermeasures Capabilities; Application of SectionPub. L. 99169, title IV, § 401(c), Dec. 4, 1985, 99 Stat. 1006, provided that the amendment made by section 401(a) of Pub. L. 99169, enacting this section, would not apply with respect to funds appropriated to the Director of Central Intelligence under the heading “enhanced security countermeasures capabilities” in the Supplemental Appropriations Act, 1985, Pub. L. 9988, Aug. 15, 1985, 99 Stat. 311.
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# 50 U.S.C. § 3095 - Notice to Congress of certain transfers of defense articles and defense services
## Text
(a) (1) The transfer of a defense article or defense service, or the anticipated transfer in any fiscal year of any aggregation of defense articles or defense services, exceeding $1,000,000 in value by an intelligence agency to a recipient outside that agency shall be considered a significant anticipated intelligence activity for the purpose of this subchapter.
(2) Paragraph (1) does not apply if—
(A) the transfer is being made to a department, agency, or other entity of the United States (so long as there will not be a subsequent retransfer of the defense articles or defense services outside the United States Government in conjunction with an intelligence or intelligence-related activity); or
(B) the transfer—
(i) is being made pursuant to authorities contained in part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2301 et seq.], the Arms Export Control Act [22 U.S.C. 2751 et seq.], title 10 (including a law enacted pursuant to section 8677(a) of title 10), or chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, and
(ii) is not being made in conjunction with an intelligence or intelligence-related activity.
(3) An intelligence agency may not transfer any defense articles or defense services outside the agency in conjunction with any intelligence or intelligence-related activity for which funds were denied by the Congress.
(b) As used in this section—
(1) the term “intelligence agency” means any department, agency, or other entity of the United States involved in intelligence or intelligence-related activities;
(2) the terms “defense articles” and “defense services” mean the items on the United States Munitions List pursuant to section 38 of the Arms Export Control Act [22 U.S.C. 2778] (22 CFR part 121);
(3) the term “transfer” means—
(A) in the case of defense articles, the transfer of possession of those articles; and
(B) in the case of defense services, the provision of those services; and
(4) the term “value” means—
(A) in the case of defense articles, the greater of—
(i) the original acquisition cost to the United States Government, plus the cost of improvements or other modifications made by or on behalf of the Government; or
(ii) the replacement cost; and
(B) in the case of defense services, the full cost to the Government of providing the services.
(July 26, 1947, ch. 343, title V, § 505, formerly § 503, as added Pub. L. 99569, title VI, § 602(a), Oct. 27, 1986, 100 Stat. 3203; renumbered § 505 and amended Pub. L. 10288, title VI, §§ 602(a)(1), (c)(2), 604, Aug. 14, 1991, 105 Stat. 441, 444, 445; Pub. L. 103160, div. A, title VIII, § 828(d)(1), Nov. 30, 1993, 107 Stat. 1715; Pub. L. 115232, div. A, title VIII, § 809(r), Aug. 13, 2018, 132 Stat. 1844.)
## Notes
Editorial Notes
References in TextThe Foreign Assistance Act of 1961, referred to in subsec. (a)(2)(B)(i), is Pub. L. 87195, Sept. 4, 1961, 75 Stat. 424. Part II of the Act is classified generally to subchapter II (§ 2301 et seq.) of chapter 32 of Title 22, Foreign Relations and Intercourse. For provisions deeming references to subchapter II to exclude parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II, see section 202(b) of Pub. L. 92226, set out as a note under section 2346 of Title 22, and sections 2348c and 2349aa5 of Title 22. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables. The Arms Export Control Act, referred to in subsec. (a)(2)(B)(i), is Pub. L. 90269, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of Title 22. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Tables.
Codification Section was formerly classified to section 415 of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification. In subsec. (a)(2)(B)(i), “chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” substituted for “the Federal Property and Administrative Services Act of 1949” on authority of Pub. L. 107217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Amendments2018—Subsec. (a)(2)(B)(i). Pub. L. 115232 substituted “(including a law enacted pursuant to section 8677(a) of title 10)” for “(including a law enacted pursuant to section 7307(a) of that title)”. 1993—Subsec. (a)(2)(B)(i). Pub. L. 103160 substituted “section 7307(a)” for “section 7307(b)(1)”. 1991—Subsec. (a)(1). Pub. L. 10288 inserted “, or the anticipated transfer in any fiscal year of any aggregation of defense articles or defense services,” after “service” and substituted “this subchapter” for “section 413 of this title”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115232, set out as a note preceding section 3001 of Title 10, Armed Forces.
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# 50 U.S.C. § 3096 - Specificity of National Intelligence Program budget amounts for counterterrorism, counterproliferation, counternarcotics, and counterintelligence
## Text
(a) In general The budget justification materials submitted to Congress in support of the budget of the President for a fiscal year that is submitted to Congress under section 1105(a) of title 31 shall set forth separately the aggregate amount requested for that fiscal year for the National Intelligence Program for each of the following:
(1) Counterterrorism.
(2) Counterproliferation.
(3) Counternarcotics.
(4) Counterintelligence.
(b) Election of classified or unclassified form Amounts set forth under subsection (a) may be set forth in unclassified form or classified form, at the election of the Director of National Intelligence.
(July 26, 1947, ch. 343, title V, § 506, as added Pub. L. 107306, title III, § 311(a), Nov. 27, 2002, 116 Stat. 2390; amended Pub. L. 108458, title I, § 1074(b)(1)(A), Dec. 17, 2004, 118 Stat. 3694; Pub. L. 11287, title V, § 505(2), Jan. 3, 2012, 125 Stat. 1897.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 415a of this title prior to editorial reclassification and renumbering as this section.
Amendments2012—Subsec. (b). Pub. L. 11287 substituted “Director of National Intelligence.” for “Director of Central Intelligence.” 2004—Pub. L. 108458, § 1074(b)(1)(A)(ii), struck out “Foreign” before “Intelligence” in section catchline. Subsec. (a). Pub. L. 108458, § 1074(b)(1)(A)(i), substituted “National Intelligence Program” for “National Foreign Intelligence Program”.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentFor Determination by President that amendment by Pub. L. 108458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Inclusion of Counternarcotics as Special Topic in Certain Budget Justification MaterialsPub. L. 11831, div. G, title III, § 7320, Dec. 22, 2023, 137 Stat. 1036, as amended by Pub. L. 11960, div. F, title LXVIII, § 6804(b)(3), Dec. 18, 2025, 139 Stat. 1657, provided that: “(a) Inclusion of Counternarcotics as Special Topic.—For the purposes of the congressional budget justification book for the National Intelligence Program (as such term is defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) for each of fiscal years 2025 through 2026, and for any subsequent fiscal year as the Director of National Intelligence determines appropriate, information with respect to the aggregate amount of funding requested for counternarcotics required to be included as part of the budget justification materials submitted to Congress under section 506(a)(3) of such Act [50 U.S.C. 3096(a)(3)] shall be included as a provision relating to a special topic in such congressional budget justification book. “(b) Contents.—With respect to a fiscal year, the special topic provision included in the congressional budget justification book pursuant to subsection (a) regarding the aggregate amount of funding requested for counternarcotics shall include—“(1) a summary of the main activities and investments that such requested funding would support; “(2) a breakdown of such requested funding by program, budget category, intelligence discipline, and any other appropriate classification; “(3) a comparison of aggregate requested funding and aggregate enacted funding for counternarcotics for the current fiscal year and the previous fiscal year; “(4) the number of full-time equivalent civilian and military personnel assigned to the counternarcotics mission of the intelligence community; and “(5) such other information as the Director of National Intelligence determines appropriate.” [For definition of “intelligence community” as used in section 7320 of Pub. L. 11831, set out above, see section 7002 of Pub. L. 11831, set out as a note under section 3003 of this title.]
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# 50 U.S.C. § 3097 - Budget treatment of costs of acquisition of major systems by the intelligence community
## Text
(a) Independent cost estimates (1) The Director of National Intelligence shall, in consultation with the head of each element of the intelligence community concerned, prepare an independent cost estimate of the full life-cycle cost of development, procurement, and operation of each major system to be acquired by the intelligence community.
(2) (A) Each independent cost estimate for a major system shall, to the maximum extent practicable, specify the amount required to be appropriated and obligated to develop, procure, and operate the major system in each fiscal year of the proposed period of development, procurement, and operation of the major system.
(B) For major system acquisitions requiring a service or capability from another acquisition or program to deliver the end-to-end functionality for the intelligence community end users, independent cost estimates shall include, to the maximum extent practicable, all estimated costs across all pertinent elements of the intelligence community. For collection programs, such cost estimates shall include the cost of new analyst training, new hardware and software for data exploitation and analysis, and any unique or additional costs for data processing, storing, and power, space, and cooling across the life cycle of the program. If such costs for processing, exploitation, dissemination, and storage are scheduled to be executed in other elements of the intelligence community, the independent cost estimate shall identify and annotate such costs for such other elements accordingly.
(3) (A) In the case of a program of the intelligence community that qualifies as a major system, an independent cost estimate shall be prepared before the submission to Congress of the budget of the President for the first fiscal year in which appropriated funds are anticipated to be obligated for the development or procurement of such major system.
(B) In the case of a program of the intelligence community for which an independent cost estimate was not previously required to be prepared under this section, including a program for which development or procurement commenced before December 13, 2003, if the aggregate future costs of development or procurement (or any combination of such activities) of the program will exceed $500,000,000 (in current fiscal year dollars), the program shall qualify as a major system for purposes of this section, and an independent cost estimate for such major system shall be prepared before the submission to Congress of the budget of the President for the first fiscal year thereafter in which appropriated funds are anticipated to be obligated for such major system.
(4) The independent cost estimate for a major system shall be updated upon—
(A) the completion of any preliminary design review associated with the major system;
(B) any significant modification to the anticipated design of the major system; or
(C) any change in circumstances that renders the current independent cost estimate for the major system inaccurate.
(5) Any update of an independent cost estimate for a major system under paragraph (4) shall meet all requirements for independent cost estimates under this section, and shall be treated as the most current independent cost estimate for the major system until further updated under that paragraph.
(b) Preparation of independent cost estimates (1) The Director shall establish within the Office of the Director of National Intelligence for Community Management an office which shall be responsible for preparing independent cost estimates, and any updates thereof, under subsection (a), unless a designation is made under paragraph (2).
(2) In the case of the acquisition of a major system for an element of the intelligence community within the Department of Defense, the Director and the Secretary of Defense shall provide that the independent cost estimate, and any updates thereof, under subsection (a) be prepared by an entity jointly designated by the Director and the Secretary in accordance with section 2434(b)(1)(A) 11 See References in Text note below. of title 10.
(c) Utilization in budgets of President (1) If the budget of the President requests appropriations for any fiscal year for the development or procurement of a major system by the intelligence community, the President shall, subject to paragraph (2), request in such budget an amount of appropriations for the development or procurement, as the case may be, of the major system that is equivalent to the amount of appropriations identified in the most current independent cost estimate for the major system for obligation for each fiscal year for which appropriations are requested for the major system in such budget.
(2) If the amount of appropriations requested in the budget of the President for the development or procurement of a major system is less than the amount of appropriations identified in the most current independent cost estimate for the major system for obligation for each fiscal year for which appropriations are requested for the major system in such budget, the President shall include in the budget justification materials submitted to Congress in support of such budget—
(A) an explanation for the difference between the amount of appropriations requested and the amount of appropriations identified in the most current independent cost estimate;
(B) a description of the importance of the major system to the national security;
(C) an assessment of the consequences for the funding of all programs of the National Intelligence Program in future fiscal years if the most current independent cost estimate for the major system is accurate and additional appropriations are required in future fiscal years to ensure the continued development or procurement of the major system, including the consequences of such funding shortfalls on the major system and all other programs of the National Intelligence Program; and
(D) such other information on the funding of the major system as the President considers appropriate.
(d) Inclusion of estimates in budget justification materials The budget justification materials submitted to Congress in support of the budget of the President shall include the most current independent cost estimate under this section for each major system for which appropriations are requested in such budget for any fiscal year.
(e) Definitions In this section:
(1) The term “budget of the President” means the budget of the President for a fiscal year as submitted to Congress under section 1105(a) of title 31.
(2) (A) The term “independent cost estimate” means a pragmatic and neutral analysis, assessment, and quantification of all costs and risks associated with the development, acquisition, procurement, operation, and sustainment of a major system across its proposed life cycle, which shall be based on programmatic and technical specifications provided by the office within the element of the intelligence community with primary responsibility for the development, procurement, or operation of the major system.
(B) In accordance with subsection (a)(2)(B), each independent cost estimate shall include all costs required across elements of the intelligence community to develop, acquire, procure, operate, and sustain the system to provide the end-to-end intelligence functionality of the system, including—
(i) for collection programs, the cost of new analyst training, new hardware and software for data exploitation and analysis, and any unique or additional costs for data processing, storing, and power, space, and cooling across the life cycle of the program; and
(ii) costs for processing, exploitation, dissemination, and storage scheduled to be executed in other elements of the intelligence community.
(3) The term “major system” means any significant program of an element of the intelligence community with projected total development and procurement costs exceeding $500,000,000 (based on fiscal year 2010 constant dollars), which costs shall include all end-to-end program costs, including costs associated with the development and procurement of the program and any other costs associated with the development and procurement of systems required to support or utilize the program.
(July 26, 1947, ch. 343, title V, § 506A, as added Pub. L. 108177, title III, § 312(b)(1), Dec. 13, 2003, 117 Stat. 2607; amended Pub. L. 108458, title I, §§ 1071(a)(1)(BB), 1072(a)(6), Dec. 17, 2004, 118 Stat. 3689, 3692; Pub. L. 111259, title III, § 321(b), Oct. 7, 2010, 124 Stat. 2669; Pub. L. 11287, title III, § 306(a), title V, § 505(3), Jan. 3, 2012, 125 Stat. 1881, 1897.)
## Notes
Editorial Notes
References in TextSection 2434 of title 10, referred to in subsec. (b)(2), was repealed by Pub. L. 114328, div. A, title VIII, § 842(c)(1), Dec. 23, 2016, 130 Stat. 2290.
Codification Section was formerly classified to section 415a1 of this title prior to editorial reclassification and renumbering as this section.
Amendments2012—Subsec. (a)(2). Pub. L. 11287, § 306(a)(1), designated existing provisions as subpar. (A) and added subpar. (B). Subsec. (c)(2)(C). Pub. L. 11287, § 505(3), substituted “National Intelligence Program” for “National Foreign Intelligence Program” in two places. Subsec. (e)(2). Pub. L. 11287, § 306(a)(2), designated existing provisions as subpar. (A), substituted “associated with the development, acquisition, procurement, operation, and sustainment of a major system across its proposed life cycle,” for “associated with the acquisition of a major system,”, and added subpar. (B). 2010—Subsec. (e)(3). Pub. L. 111259 substituted “(based on fiscal year 2010 constant dollars)” for “(in current fiscal year dollars)”. 2004—Subsec. (a)(1). Pub. L. 108458, § 1071(a)(1)(BB), substituted “Director of National Intelligence” for “Director of Central Intelligence”. Subsec. (b)(1). Pub. L. 108458, § 1072(a)(6), substituted “Office of the Director of National Intelligence” for “Office of the Deputy Director of Central Intelligence”.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentPub. L. 11287, title III, § 306(b), Jan. 3, 2012, 125 Stat. 1882, provided that: “The amendments made by this section [amending this section] shall take effect on the date that is 180 days after the date of the enactment of this Act [Jan. 3, 2012].”
Effective Date of 2004 AmendmentFor Determination by President that amendment by Pub. L. 108458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Effective DatePub. L. 108177, title III, § 312(c), Dec. 13, 2003, 117 Stat. 2609, provided that: “The amendments made by subsection (b) [enacting this section] shall take effect on the date of the enactment of this Act [Dec. 13, 2003].”
Congressional FindingsPub. L. 108177, title III, § 312(a), Dec. 13, 2003, 117 Stat. 2606, provided that: “Congress makes the following findings: “(1) Funds within the National Foreign Intelligence Program often must be shifted from program to program and from fiscal year to fiscal year to address funding shortfalls caused by significant increases in the costs of acquisition of major systems by the intelligence community. “(2) While some increases in the costs of acquisition of major systems by the intelligence community are unavoidable, the magnitude of growth in the costs of acquisition of many major systems indicates a systemic bias within the intelligence community to underestimate the costs of such acquisition, particularly in the preliminary stages of development and production. “(3) Decisions by Congress to fund the acquisition of major systems by the intelligence community rely significantly upon initial estimates of the affordability of acquiring such major systems and occur within a context in which funds can be allocated for a variety of alternative programs. Thus, substantial increases in costs of acquisition of major systems place significant burdens on the availability of funds for other programs and new proposals within the National Foreign Intelligence Program. “(4) Independent cost estimates, prepared by independent offices, have historically represented a more accurate projection of the costs of acquisition of major systems. “(5) Recognizing the benefits associated with independent cost estimates for the acquisition of major systems, the Secretary of Defense has built upon the statutory requirement in [former] section 2434 of title 10, United States Code, to develop and consider independent cost estimates for the acquisition of such systems by mandating the use of such estimates in budget requests of the Department of Defense. “(6) The mandatory use throughout the intelligence community of independent cost estimates for the acquisition of major systems will assist the President and Congress in the development and funding of budgets which more accurately reflect the requirements and priorities of the United States Government for intelligence and intelligence-related activities.”
Limitations on Major System Procurement, Acquisition, and DevelopmentPub. L. 108177, title III, § 312(d), Dec. 13, 2003, 117 Stat. 2609, provided that: “(1)(A) For each major system for which funds have been authorized for a fiscal year before fiscal year 2005, or for which funds are sought in the budget of the President for fiscal year 2005, as submitted to Congress pursuant to section 1105(a) of title 31, United States Code, and for which no independent cost estimate has been provided to Congress, no contract, or option to contract, for the procurement or acquisition of such major system may be entered into, or option to contract be exercised, before the date of the enactment of an Act to authorize appropriations for fiscal year 2005 for intelligence and intelligence-related activities of the United States Government. “(B) Subparagraph (A) shall not affect any contract for procurement or acquisition that was entered into before the date of the enactment of this Act [Dec. 13, 2003]. “(2) Commencing as of the date of the submittal to Congress of the budget of the President for fiscal year 2006 pursuant to section 1105(a) of title 31, United States Code, no funds may be obligated or expended for the development or procurement of a major system until the President has complied with the requirements of section 506A of the National Security Act of 1947 (as added by subsection (b)) [50 U.S.C. 3097] with respect to such major system. “(3) In this subsection, the terms independent cost estimate and major system have the meaning given such terms in subsection (e) of section 506A of the National Security Act of 1947 (as so added) [50 U.S.C. 3097(e)].”
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# 50 U.S.C. § 3098 - Repealed. Pub. L. 11960, div. F, title LXVIII, § 6801(a)(3), Dec. 18, 2025, 139 Stat. 1652
## Notes
Section, act July 26, 1947, ch. 343, title V, § 506B, as added Pub. L. 111259, title III, § 305(a), Oct. 7, 2010, 124 Stat. 2659; amended Pub. L. 113293, title III, § 327, Dec. 19, 2014, 128 Stat. 4006, required the Director of National Intelligence, in consultation with the head of each element of the intelligence community, to prepare annual personnel level assessments for the intelligence community.
Section was formerly classified to section 415a4 of this title prior to editorial reclassification and renumbering as this section.
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# 50 U.S.C. § 3099 - Vulnerability assessments of major systems
## Text
(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 systems 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 contract related to the major system. Such prohibition on the obligation of funds for the acquisition of the major system shall cease to apply on the date on which the congressional intelligence committees receive the initial vulnerability assessment.
(b) Subsequent vulnerability assessments (1) The Director of National Intelligence shall, periodically throughout the procurement of a major system or if the Director determines that a change in circumstances warrants the issuance of a subsequent vulnerability assessment, conduct a subsequent vulnerability assessment of each major system and its significant items of supply within the National Intelligence Program.
(2) Upon the request of a congressional intelligence committee, the Director of National Intelligence may, if appropriate, recertify the previous vulnerability assessment or may conduct a subsequent vulnerability assessment of a particular major system and its significant items of supply within the National Intelligence Program.
(3) Any subsequent vulnerability assessment of a major system and its significant items of supply shall include use of an analysis-based approach and, if applicable, a testing-based approach, to monitor the exploitation potential of such system and reexamine the factors described in clauses (i) through (v) of subsection (a)(1)(C).
(c) Major system management The Director of National Intelligence shall give due consideration to the vulnerability assessments prepared for a given major system when developing and determining the National Intelligence Program budget.
(d) Congressional oversight (1) The Director of National Intelligence shall provide to the congressional intelligence committees a copy of each vulnerability assessment conducted under subsection (a) or (b) not later than 10 days after the date of the completion of such assessment.
(2) The Director of National Intelligence shall provide the congressional intelligence committees with a proposed schedule for subsequent periodic vulnerability assessments of a major system under subsection (b)(1) when providing such committees with the initial vulnerability assessment under subsection (a) of such system as required by paragraph (1).
(e) Definitions In this section:
(1) The term “item of supply” has the meaning given that term in section 4(10) 11 See References in Text note below. of the Office of Federal Procurement Policy Act (41 U.S.C. 403(10)).
(2) The term “major contract” means each of the 6 largest prime, associate, or Government-furnished equipment contracts under a major system that is in excess of $40,000,000 and that is not a firm, fixed price contract.
(3) The term “major system” has the meaning given that term in section 3097(e) of this title.
(4) The term “Milestone B” means a decision to enter into major system development and demonstration pursuant to guidance prescribed by the Director of National Intelligence.
(5) The term “vulnerability assessment” means the process of identifying and quantifying vulnerabilities in a major system and its significant items of supply.
(July 26, 1947, ch. 343, title V, § 506C, as added Pub. L. 111259, title III, § 321(a)(1), Oct. 7, 2010, 124 Stat. 2667.)
## Notes
Editorial Notes
References in TextSection 4(10) of the Office of Federal Procurement Policy Act, referred to in subsec. (e)(1), which was classified to section 403(10) of former Title 41, Public Contracts, was repealed and reenacted as sections 108 and 115 of Title 41, Public Contracts, by Pub. L. 111350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855.
Codification Section was formerly classified to section 415a5 of this title prior to editorial reclassification and renumbering as this section.
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# 50 U.S.C. § 3100 - Intelligence community business system transformation
## Text
(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 consumer price index (all items; U.S. city average) as of September of the previous fiscal year.
(b) Enterprise architecture for intelligence community business systems (1) The Director of National Intelligence shall, acting through the board established under subsection (f), develop and implement an enterprise architecture to cover all intelligence community business systems, and the functions and activities supported by such business systems. The enterprise architecture shall be sufficiently defined to effectively guide, constrain, and permit implementation of interoperable intelligence community business system solutions, consistent with applicable policies and procedures established by the Director of the Office of Management and Budget.
(2) The enterprise architecture under paragraph (1) shall include the following:
(A) An information infrastructure that will enable the intelligence community to—
(i) comply with all Federal accounting, financial management, and reporting requirements;
(ii) routinely produce timely, accurate, and reliable financial information for management purposes;
(iii) integrate budget, accounting, and program information and systems; and
(iv) provide for the measurement of performance, including the ability to produce timely, relevant, and reliable cost information.
(B) Policies, procedures, data standards, and system interface requirements that apply uniformly throughout the intelligence community.
(c) Responsibilities for intelligence community business system transformation The Director of National Intelligence shall be responsible for the entire life cycle of an intelligence community business system transformation, including review, approval, and oversight of the planning, design, acquisition, deployment, operation, and maintenance of the business system transformation.
(d) Intelligence community business system investment review (1) The Director of the Office of Business Transformation of the Office of the Director of National Intelligence shall establish and implement, not later than 60 days after October 7, 2010, an investment review process for the intelligence community business systems for which the Director of the Office of Business Transformation is responsible.
(2) The investment review process under paragraph (1) shall—
(A) meet the requirements of section 11312 of title 40; and
(B) specifically set forth the responsibilities of the Director of the Office of Business Transformation under such review process.
(3) The investment review process under paragraph (1) shall include the following elements:
(A) Review and approval by an investment review board (consisting of appropriate representatives of the intelligence community) of each intelligence community business system as an investment before the obligation of funds for such system.
(B) Periodic review, but not less often than annually, of every intelligence community business system investment.
(C) Thresholds for levels of review to ensure appropriate review of intelligence community business system investments depending on the scope, complexity, and cost of the system involved.
(D) Procedures for making certifications in accordance with the requirements of subsection (a)(2).
(e) Repealed. Pub. L. 112277, title III, § 310(a)(3), Jan. 14, 2013, 126 Stat. 2475
(f) Intelligence community business system transformation governance board (1) The Director of National Intelligence shall establish a board within the intelligence community business system transformation governance structure (in this subsection referred to as the “Board”).
(2) The Board shall—
(A) recommend to the Director policies and procedures necessary to effectively integrate all business activities and any transformation, reform, reorganization, or process improvement initiatives undertaken within the intelligence community;
(B) review and approve any major update of—
(i) the enterprise architecture developed under subsection (b); and
(ii) any plans for an intelligence community business systems modernization;
(C) manage cross-domain integration consistent with such enterprise architecture;
(D) coordinate initiatives for intelligence community business system transformation to maximize benefits and minimize costs for the intelligence community, and periodically report to the Director on the status of efforts to carry out an intelligence community business system transformation;
(E) ensure that funds are obligated for intelligence community business system transformation in a manner consistent with subsection (a); and
(F) carry out such other duties as the Director shall specify.
(g) Relation to annual registration requirements Nothing in this section shall be construed to alter the requirements of section 8083 of the Department of Defense Appropriations Act, 2005 (Public Law 108287; 118 Stat. 989), with regard to information technology systems (as defined in subsection (d) of such section).
(h) Relationship to defense business enterprise architecture Nothing in this section shall be construed to exempt funds authorized to be appropriated to the Department of Defense from the requirements of section 2222 of title 10 to the extent that such requirements are otherwise applicable.
(i) Relation to Clinger-Cohen Act (1) Executive agency responsibilities in chapter 113 of title 40 for any intelligence community business system transformation shall be exercised jointly by—
(A) the Director of National Intelligence and the Chief Information Officer of the Intelligence Community; and
(B) the head of the executive agency that contains the element of the intelligence community involved and the chief information officer of that executive agency.
(2) The Director of National Intelligence and the head of the executive agency referred to in paragraph (1)(B) shall enter into a Memorandum of Understanding to carry out the requirements of this section in a manner that best meets the needs of the intelligence community and the executive agency.
(j) Reports Not later than March 31 of each of the years 2011 through 2014, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the compliance of the intelligence community with the requirements of this section. Each such report shall—
(1) describe actions taken and proposed for meeting the requirements of subsection (a), including—
(A) specific milestones and actual performance against specified performance measures, and any revision of such milestones and performance measures; and
(B) specific actions on the intelligence community business system transformations submitted for certification under such subsection;
(2) identify the number of intelligence community business system transformations that received a certification described in subsection (a)(2); and
(3) describe specific improvements in business operations and cost savings resulting from successful intelligence community business systems transformation efforts.
(k) Definitions In this section:
(1) The term “enterprise architecture” has the meaning given that term in section 3601(4) of title 44.
(2) The terms “information system” and “information technology” have the meanings given those terms in section 11101 of title 40.
(3) The term “intelligence community business system” means an information system, including a national security system, that is operated by, for, or on behalf of an element of the intelligence community, including a financial system, mixed system, financial data feeder system, and the business infrastructure capabilities shared by the systems of the business enterprise architecture, including people, process, and technology, that build upon the core infrastructure used to support business activities, such as acquisition, financial management, logistics, strategic planning and budgeting, installations and environment, and human resource management.
(4) The term “intelligence community business system transformation” means—
(A) the acquisition or development of a new intelligence community business system; or
(B) any significant modification or enhancement of an existing intelligence community business system (other than necessary to maintain current services).
(5) The term “national security system” has the meaning given that term in section 3542 11 See References in Text note below. of title 44.
(6) The term “Office of Business Transformation of the Office of the Director of National Intelligence” includes any successor office that assumes the functions of the Office of Business Transformation of the Office of the Director of National Intelligence as carried out by the Office of Business Transformation on October 7, 2010.
(July 26, 1947, ch. 343, title V, § 506D, as added Pub. L. 111259, title III, § 322(a)(1), Oct. 7, 2010, 124 Stat. 2669; amended Pub. L. 112277, title III, § 310(a)(3), Jan. 14, 2013, 126 Stat. 2475; Pub. L. 113126, title III, § 329(b)(3), July 7, 2014, 128 Stat. 1406.)
## Notes
Editorial Notes
References in TextSection 8083 of the Department of Defense Appropriations Act, 2005, referred to in subsec. (g), is section 8083 of Pub. L. 108287, title VIII, Aug. 5, 2004, 118 Stat. 989, which is not classified to the Code. Section 3542 of title 44, referred to in subsec. (k)(5), was repealed by Pub. L. 113283, § 2(a), Dec. 18, 2014, 128 Stat. 3073. Provisions defining “national security system” are now contained in section 3552 of title 44, as enacted by Pub. L. 113283.
Codification Section was formerly classified to section 415a6 of this title prior to editorial reclassification and renumbering as this section.
Amendments2014—Subsec. (j). Pub. L. 113126 substituted “2014” for “2015” in introductory provisions. 2013—Subsec. (e). Pub. L. 112277 struck out subsec. (e) which required inclusion of certain budget information in the budget materials submitted to Congress for each fiscal year after fiscal year 2011.
Statutory Notes and Related Subsidiaries
ImplementationPub. L. 111259, title III, § 322(b), Oct. 7, 2010, 124 Stat. 2673, provided that: “(1) Certain duties.—Not later than 60 days after the date of the enactment of this Act [Oct. 7, 2010], the Director of National Intelligence shall designate a chair and other members to serve on the board established under subsection (f) of such section 506D of the National Security Act of 1947 [50 U.S.C. 3100(f)] (as added by subsection (a)). “(2) Enterprise architecture.—“(A) Schedule for development.—The Director shall develop the enterprise architecture required by subsection (b) of such section 506D [50 U.S.C. 3100(b)] (as so added), including the initial Business Enterprise Architecture for business transformation, not later than 60 days after the enactment of this Act. “(B) Requirement for implementation plan.—In developing such an enterprise architecture, the Director shall develop an implementation plan for such enterprise architecture that includes the following:“(i) An acquisition strategy for new systems that are expected to be needed to complete such enterprise architecture, including specific time-phased milestones, performance metrics, and a statement of the financial and nonfinancial resource needs. “(ii) An identification of the intelligence community business systems in operation or planned as of the date that is 60 days after the enactment of this Act that will not be a part of such enterprise architecture, together with the schedule for the phased termination of the utilization of any such systems. “(iii) An identification of the intelligence community business systems in operation or planned as of such date, that will be a part of such enterprise architecture, together with a strategy for modifying such systems to ensure that such systems comply with such enterprise architecture. “(C) Submission of acquisition strategy.—Based on the results of an enterprise process management review and the availability of funds, the Director shall submit the acquisition strategy described in subparagraph (B)(i) to the congressional intelligence committees not later than March 31, 2011.” [For definitions of terms used in section 322(b) of Pub. L. 111259, set out above, see section 2 of Pub. L. 111259, set out as a note under section 3003 of this title.]
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# 50 U.S.C. § 3101 - Reports on the acquisition of major systems
## Text
(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; 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; 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.
(6) The term “major contract” means each of the 6 largest prime, associate, or Government-furnished equipment contracts under a major system that is in excess of $40,000,000 and that is not a firm, fixed price contract.
(7) The term “major system” has the meaning given that term in section 3097(e) of this title.
(8) The term “Milestone B” means a decision to enter into major system development and demonstration pursuant to guidance prescribed by the Director.
(9) The term “program manager” means—
(A) the head of the element of the intelligence community that is responsible for the budget, cost, schedule, and performance of a major system; or
(B) in the case of a major system within the Office of the Director of National Intelligence, the deputy who is responsible for the budget, cost, schedule, and performance of the major system.
(10) The term “significant cost growth threshold” means the percentage increase in the total acquisition cost for a major system of at least 15 percent over the total acquisition cost for such system as shown in the current Baseline Estimate for such system.
(11) The term “total acquisition cost” means the amount equal to the total cost for development and procurement of, and system-specific construction for, a major system.
(b) Major system cost reports (1) The program manager for a major system shall, on a quarterly basis, submit to the Director a major system cost report as described in paragraph (2).
(2) A major system cost report shall include the following information (as of the last day of the quarter for which the report is made):
(A) The total acquisition cost for the major system.
(B) Any cost variance or schedule variance in a major contract for the major system since the contract was entered into.
(C) Any changes from a major system schedule milestones or performances that are known, expected, or anticipated by the program manager.
(D) Any significant changes in the total acquisition cost for development and procurement of any software component of the major system, schedule milestones for such software component of the major system, or expected performance of such software component of the major system that are known, expected, or anticipated by the program manager.
(3) Each major system cost report required by paragraph (1) shall be submitted not more than 30 days after the end of the reporting quarter.
(c) Reports for breach of significant or critical cost growth thresholds If the program manager of a major system for which a report has previously been submitted under subsection (b) determines at any time during a quarter that there is reasonable cause to believe that the total acquisition cost for the major system has increased by a percentage equal to or greater than the significant cost growth threshold or critical cost growth threshold and if a report indicating an increase of such percentage or more has not previously been submitted to the Director, then the program manager shall immediately submit to the Director a major system cost report containing the information, determined as of the date of the report, required under subsection (b).
(d) Notification to Congress of cost growth (1) Whenever a major system cost report is submitted to the Director, the Director shall determine whether the current acquisition cost for the major system has increased by a percentage equal to or greater than the significant cost growth threshold or the critical cost growth threshold.
(2) If the Director determines that the current total acquisition cost has increased by a percentage equal to or greater than the significant cost growth threshold or critical cost growth threshold, the Director shall submit to Congress a Major System Congressional Report pursuant to subsection (e).
(e) Requirement for Major System Congressional Report (1) Whenever the Director determines under subsection (d) that the total acquisition cost of a major system has increased by a percentage equal to or greater than the significant cost growth threshold for the major system, a Major System Congressional Report shall be submitted to Congress not later than 45 days after the date on which the Director receives the major system cost report for such major system.
(2) If the total acquisition cost of a major system (as determined by the Director under subsection (d)) increases by a percentage equal to or greater than the critical cost growth threshold for the program or subprogram, the Director shall take actions consistent with the requirements of section 3102 of this title.
(f) Major System Congressional Report elements (1) Except as provided in paragraph (2), each Major System Congressional Report shall include the following:
(A) The name of the major system.
(B) The date of the preparation of the report.
(C) The program phase of the major system as of the date of the preparation of the report.
(D) The estimate of the total acquisition cost for the major system expressed in constant base-year dollars and in current dollars.
(E) The current Baseline Estimate for the major system in constant base-year dollars and in current dollars.
(F) A statement of the reasons for any increase in total acquisition cost for the major system.
(G) The completion status of the major system—
(i) expressed as the percentage that the number of years for which funds have been appropriated for the major system is of the number of years for which it is planned that funds will be appropriated for the major system; and
(ii) expressed as the percentage that the amount of funds that have been appropriated for the major system is of the total amount of funds which it is planned will be appropriated for the major system.
(H) The fiscal year in which the major system was first authorized and in which funds for such system were first appropriated by Congress.
(I) The current change and the total change, in dollars and expressed as a percentage, in the total acquisition cost for the major system, stated both in constant base-year dollars and in current dollars.
(J) The quantity of end items to be acquired under the major system and the current change and total change, if any, in that quantity.
(K) The identities of the officers responsible for management and cost control of the major system.
(L) The action taken and proposed to be taken to control future cost growth of the major system.
(M) Any changes made in the performance or schedule milestones of the major system and the extent to which such changes have contributed to the increase in total acquisition cost for the major system.
(N) The following contract performance assessment information with respect to each major contract under the major system:
(i) The name of the contractor.
(ii) The phase that the contract is in at the time of the preparation of the report.
(iii) The percentage of work under the contract that has been completed.
(iv) Any current change and the total change, in dollars and expressed as a percentage, in the contract cost.
(v) The percentage by which the contract is currently ahead of or behind schedule.
(vi) A narrative providing a summary explanation of the most significant occurrences, including cost and schedule variances under major contracts of the major system, contributing to the changes identified and a discussion of the effect these occurrences will have on the future costs and schedule of the major system.
(O) In any case in which one or more problems with a software component of the major system significantly contributed to the increase in costs of the major system, the action taken and proposed to be taken to solve such problems.
(2) A Major System Congressional Report prepared for a major system for which the increase in the total acquisition cost is due to termination or cancellation of the entire major system shall include only—
(A) the information described in subparagraphs (A) through (F) of paragraph (1); and
(B) the total percentage change in total acquisition cost for such system.
(g) Prohibition on obligation of funds If a determination of an increase by a percentage equal to or greater than the significant cost growth threshold is made by the Director under subsection (d) and a Major System Congressional Report containing the information described in subsection (f) is not submitted to Congress under subsection (e)(1), or if a determination of an increase by a percentage equal to or greater than the critical cost growth threshold is made by the Director under subsection (d) and the Major System Congressional Report containing the information described in subsection (f) and section 3102(b)(3) of this title and the certification required by section 3102(b)(2) of this title are not submitted to Congress under subsection (e)(2), funds appropriated for construction, research, development, test, evaluation, and procurement may not be obligated for a major contract under the major system. The prohibition on the obligation of funds for a major system shall cease to apply at the end of the 45-day period that begins on the date—
(1) on which Congress receives the Major System Congressional Report under subsection (e)(1) with respect to that major system, in the case of a determination of an increase by a percentage equal to or greater than the significant cost growth threshold (as determined in subsection (d)); or
(2) on which Congress receives both the Major System Congressional Report under subsection (e)(2) and the certification of the Director under section 3102(b)(2) of this title with respect to that major system, in the case of an increase by a percentage equal to or greater than the critical cost growth threshold (as determined under subsection (d)).
(h) Treatment of cost increases prior to October 7, 2010 (1) Not later than 180 days after October 7, 2010, the Director—
(A) shall, for each major system, determine if the total acquisition cost of such major system increased by a percentage equal to or greater than the significant cost growth threshold or the critical cost growth threshold prior to such date;
(B) shall establish for each major system for which the total acquisition cost has increased by a percentage equal to or greater than the significant cost growth threshold or the critical cost growth threshold prior to such date a revised current Baseline Estimate based upon an updated cost estimate;
(C) may, for a major system not described in subparagraph (B), establish a revised current Baseline Estimate based upon an updated cost estimate; and
(D) shall submit to Congress a report describing—
(i) each determination made under subparagraph (A);
(ii) each revised current Baseline Estimate established for a major system under subparagraph (B); and
(iii) each revised current Baseline Estimate established for a major system under subparagraph (C), including the percentage increase of the total acquisition cost of such major system that occurred prior to October 7, 2010.
(2) The revised current Baseline Estimate established for a major system under subparagraph (B) or (C) of paragraph (1) shall be the 2010 adjusted total acquisition cost for the major system and may include the estimated cost of conducting any vulnerability assessments for such major system required under section 3099 of this title.
(i) Requirements to use base year dollars Any determination of a percentage increase under this section shall be stated in terms of constant base year dollars.
(j) Form of report Any report required to be submitted under this section may be submitted in a classified form.
(July 26, 1947, ch. 343, title V, § 506E, as added Pub. L. 111259, title III, § 323(a)(1), Oct. 7, 2010, 124 Stat. 2674.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 415a7 of this title prior to editorial reclassification and renumbering as this section.
Statutory Notes and Related Subsidiaries
Applicability Date of Quarterly ReportsPub. L. 111259, title III, § 323(a)(2), Oct. 7, 2010, 124 Stat. 2678, provided that: “The first report required to be submitted under subsection (b) of section 506E of the National security [Security] Act of 1947 [50 U.S.C. 3101(b)], as added by paragraph (1) of this subsection, shall be submitted with respect to the first fiscal quarter that begins on a date that is not less than 180 days after the date of the enactment of this Act [Oct. 7, 2010].”
Major Defense Acquisition ProgramsPub. L. 111259, title III, § 323(b), Oct. 7, 2010, 124 Stat. 2678, provided that: “Nothing in this section [enacting this section and provisions set out as a note under this section], section 324 [enacting section 3102 of this title], or an amendment made by this section or section 324, shall be construed to exempt an acquisition program of the Department of Defense from the requirements of [former] chapter 144 of title 10, United States Code [see chapters 321, 324, and 325, subchapter I of chapter 322, and sections 3042, 4232, 4273, 4293, 4321, 4323, and 4328 of title 10][,] or Department of Defense Directive 5000, to the extent that such requirements are otherwise applicable.”
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# 50 U.S.C. § 3102 - Critical cost growth in major systems
## Text
(a) Reassessment of major system If the Director of National Intelligence determines under section 3101(d) of this title 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.
(2) A certification described by this paragraph with respect to a major system is a written certification that—
(A) the continuation of the major system is essential to the national security;
(B) there are no alternatives to the major system that will provide acceptable capability to meet the intelligence requirement at less cost;
(C) the new estimates of the total acquisition cost have been determined by the Director to be reasonable;
(D) the major system is a higher priority than other systems whose funding must be reduced to accommodate the growth in cost of the major system; and
(E) the management structure for the major system is adequate to manage and control the total acquisition cost.
(3) A Major System Congressional Report accompanying a written certification under paragraph (2) shall include, in addition to the requirements of section 3101(e) of this title, the root cause analysis and assessment carried out pursuant to subsection (a), the basis for each determination made in accordance with subparagraphs (A) through (E) of paragraph (2), and a description of all funding changes made as a result of the growth in the cost of the major system, including reductions made in funding for other systems to accommodate such cost growth, together with supporting documentation.
(c) Actions if major system not terminated If the Director elects not to terminate a major system pursuant to subsection (b), the Director shall—
(1) restructure the major system in a manner that addresses the root cause or causes of the critical cost growth, as identified pursuant to subsection (a), and ensures that the system has an appropriate management structure as set forth in the certification submitted pursuant to subsection (b)(2)(E);
(2) rescind the most recent Milestone approval for the major system;
(3) require a new Milestone approval for the major system before taking any action to enter a new contract, exercise an option under an existing contract, or otherwise extend the scope of an existing contract under the system, except to the extent determined necessary by the Milestone Decision Authority, on a nondelegable basis, to ensure that the system may be restructured as intended by the Director without unnecessarily wasting resources;
(4) establish a revised current Baseline Estimate for the major system based upon an updated cost estimate; and
(5) conduct regular reviews of the major system.
(d) Actions if major system terminated If a major system is terminated pursuant to subsection (b), the Director shall submit to Congress a written report setting forth—
(1) an explanation of the reasons for terminating the major system;
(2) the alternatives considered to address any problems in the major system; and
(3) the course the Director plans to pursue to meet any intelligence requirements otherwise intended to be met by the major system.
(e) Form of report Any report or certification required to be submitted under this section may be submitted in a classified form.
(f) Waiver (1) The Director may waive the requirements of subsections (d)(2), (e), and (g) of section 3101 of this title and subsections (a)(2), (b), (c), and (d) of this section with respect to a major system if the Director determines that at least 90 percent of the amount of the current Baseline Estimate for the major system has been expended.
(2) (A) If the Director grants a waiver under paragraph (1) with respect to a major system, the Director shall submit to the congressional intelligence committees written notice of the waiver that includes—
(i) the information described in section 3101(f) of this title; and
(ii) if the current total acquisition cost of the major system has increased by a percentage equal to or greater than the critical cost growth threshold—
(I) a determination of the root cause or causes of the critical cost growth, as described in subsection (a)(1); and
(II) a certification that includes the elements described in subparagraphs (A), (B), and (E) of subsection (b)(2).
(B) The Director shall submit the written notice required by subparagraph (A) not later than 90 days after the date that the Director receives a major system cost report under subsection (b) or (c) of section 3101 of this title that indicates that the total acquisition cost for the major system has increased by a percentage equal to or greater than the significant cost growth threshold or critical cost growth threshold.
(g) Definitions In this section, the terms “cost estimate”, “critical cost growth threshold”, “current Baseline Estimate”, “major system”, and “total acquisition cost” have the meaning given those terms in section 3101(a) of this title.
(July 26, 1947, ch. 343, title V, § 506F, as added Pub. L. 111259, title III, § 324(a), Oct. 7, 2010, 124 Stat. 2679.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 415a8 of this title prior to editorial reclassification and renumbering as this section.
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# 50 U.S.C. § 3103 - Future budget projections
## Text
(a) Future Year Intelligence Plans (1) The Director of National Intelligence, with the concurrence of the Director of the Office of Management and Budget, shall provide to the congressional intelligence committees a Future Year Intelligence Plan, as described in paragraph (2), for—
(A) each expenditure center in the National Intelligence Program; and
(B) each major system in the National Intelligence Program.
(2) (A) A Future Year Intelligence Plan submitted under this subsection shall include the year-by-year proposed funding for each center or system referred to in subparagraph (A) or (B) of paragraph (1), for the budget year for which the Plan is submitted and not less than the 4 subsequent fiscal years.
(B) A Future Year Intelligence Plan submitted under subparagraph (B) of paragraph (1) for a major system shall include—
(i) the estimated total life-cycle cost of such major system; and
(ii) major milestones that have significant resource implications for such major system.
(b) Long-term Budget Projections (1) The Director of National Intelligence, with the concurrence of the Director of the Office of Management and Budget, shall provide to the congressional intelligence committees a Long-term Budget Projection for each element of the intelligence community funded under the National Intelligence Program acquiring a major system that includes the budget for such element for the 5-year period that begins on the day after the end of the last fiscal year for which year-by-year proposed funding is included in a Future Year Intelligence Plan for such major system in accordance with subsection (a)(2)(A).
(2) A Long-term Budget Projection submitted under paragraph (1) shall include—
(A) projections for the appropriate element of the intelligence community for—
(i) pay and benefits of officers and employees of such element;
(ii) other operating and support costs and minor acquisitions of such element;
(iii) research and technology required by such element;
(iv) current and planned major system acquisitions for such element;
(v) any future major system acquisitions for such element; and
(vi) any additional funding projections that the Director of National Intelligence considers appropriate;
(B) a budget projection based on effective cost and schedule execution of current or planned major system acquisitions and application of Office of Management and Budget inflation estimates to future major system acquisitions;
(C) any additional assumptions and projections that the Director of National Intelligence considers appropriate; and
(D) a description of whether, and to what extent, the total projection for each year exceeds the level that would result from applying the most recent Office of Management and Budget inflation estimate to the budget of that element of the intelligence community.
(c) Submission to Congress The Director of National Intelligence, with the concurrence of the Director of the Office of Management and Budget, shall submit to the congressional intelligence committees each Future Year Intelligence Plan or Long-term Budget Projection required under subsection (a) or (b) for a fiscal year at the time that the President submits to Congress the budget for such fiscal year pursuant to section 1105 of title 31.
(d) Major system affordability report (1) The Director of National Intelligence, with the concurrence of the Director of the Office of Management and Budget, shall prepare a report on the acquisition of a major system funded under the National Intelligence Program before the time that the President submits to Congress the budget for the first fiscal year in which appropriated funds are anticipated to be obligated for the development or procurement of such major system.
(2) The report on such major system shall include an assessment of whether, and to what extent, such acquisition, if developed, procured, and operated, is projected to cause an increase in the most recent Future Year Intelligence Plan and Long-term Budget Projection submitted under this section for an element of the intelligence community.
(3) The Director of National Intelligence shall update the report whenever an independent cost estimate must be updated pursuant to section 3097(a)(4) of this title.
(4) The Director of National Intelligence shall submit each report required by this subsection at the time that the President submits to Congress the budget for a fiscal year pursuant to section 1105 of title 31.
(e) Definitions In this section:
(1) Budget year The term “budget year” means the next fiscal year for which the President is required to submit to Congress a budget pursuant to section 1105 of title 31.
(2) Independent cost estimate; major system The terms “independent cost estimate” and “major system” have the meaning given those terms in section 3097(e) of this title.
(July 26, 1947, ch. 343, title V, § 506G, as added Pub. L. 111259, title III, § 325(a), Oct. 7, 2010, 124 Stat. 2681; amended Pub. L. 117263, div. F, title LXVIII, § 6824(a)(5), Dec. 23, 2022, 136 Stat. 3615.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 415a9 of this title prior to editorial reclassification and renumbering as this section.
Amendments2022—Subsec. (c). Pub. L. 117263 substituted “pursuant to section” for “pursuant section”.
Statutory Notes and Related Subsidiaries
Applicability DatePub. L. 111259, title III, § 325(b), Oct. 7, 2010, 124 Stat. 2683, provided that: “The first Future Year Intelligence Plan and Long-term Budget Projection required to be submitted under subsection (a) and (b) of section 506G of the National Security Act of 1947 [50 U.S.C. 3103(a), (b)], as added by subsection (a), shall be submitted to the congressional intelligence committees at the time that the President submits to Congress the budget for fiscal year 2012 pursuant to section 1105 of title 31, United States Code.” [For definition of “congressional intelligence committees” as used in section 325(b) of Pub. L. 111259, set out above, see section 2 of Pub. L. 111259, set out as a note under section 3003 of this title.]
Future-Years Intelligence ProgramPub. L. 115245, div. A, title VIII, § 8089, Sept. 28, 2018, 132 Stat. 3021, provided that: “The Director of National Intelligence shall submit to Congress each year, at or about the time that the Presidents budget is submitted to Congress that year under section 1105(a) of title 31, United States Code, a future-years intelligence program (including associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years intelligence program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years.” Similar provisions were contained in the following appropriation acts: Pub. L. 115141, div. C, title VIII, § 8090, Mar. 23, 2018, 132 Stat. 484. Pub. L. 11531, div. C, title VIII, § 8091, May 5, 2017, 131 Stat. 268. Pub. L. 114113, div. C, title VIII, § 8091, Dec. 18, 2015, 129 Stat. 2373. Pub. L. 113235, div. C, title VIII, § 8095, Dec. 16, 2014, 128 Stat. 2276. Pub. L. 11376, div. C, title VIII, § 8090, Jan. 17, 2014, 128 Stat. 126. Pub. L. 1136, div. C, title VIII, § 8091, Mar. 26, 2013, 127 Stat. 318. Pub. L. 11274, div. A, title VIII, § 8094, Dec. 23, 2011, 125 Stat. 828. Pub. L. 11210, div. A, title VIII, § 8094, Apr. 15, 2011, 125 Stat. 77. Pub. L. 111118, div. A, title VIII, § 8104, Dec. 19, 2009, 123 Stat. 3451, repealed by Pub. L. 111259, title III, § 325(c)(2), Oct. 7, 2010, 124 Stat. 2683. Pub. L. 110329, div. C, title VIII, § 8112, Sept. 30, 2008, 122 Stat. 3645.
@@ -0,0 +1,119 @@
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# 50 U.S.C. § 3104 - Reports on security clearances
## Text
(a) Report on security clearance determinations (1) Not later than February 1 of each year, the President shall submit to Congress a report on the security clearance process. Such report shall include, for each security clearance level—
(A) the number of employees of the United States Government who—
(i) held a security clearance at such level as of October 1 of the preceding year; and
(ii) were approved for a security clearance at such level during the preceding fiscal year; and
(B) the number of contractors to the United States Government who—
(i) held a security clearance at such level as of October 1 of the preceding year; and
(ii) were approved for a security clearance at such level during the preceding fiscal year.
(2) For purposes of paragraph (1), the President may consider—
(A) security clearances at the level of confidential and secret as one security clearance level; and
(B) security clearances at the level of top secret or higher as one security clearance level.
(b) Intelligence community reports (1) (A) Not later than March 1 of each year, the Director of National Intelligence shall submit a report to the congressional intelligence committees, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Oversight and Reform of the House of Representatives regarding the security clearances processed by each element of the intelligence community during the preceding fiscal year.
(B) The Director shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives such portions of the report submitted under subparagraph (A) as the Director determines address elements of the intelligence community that are within the Department of Defense.
(C) Each report submitted under this paragraph shall separately identify security clearances processed for Federal employees and contractor employees sponsored by each such element.
(2) Each report submitted under paragraph (1)(A) shall include, for each element of the intelligence community for the fiscal year covered by the report, the following:
(A) The total number of initial security clearance background investigations sponsored for new applicants.
(B) The total number of security clearance periodic reinvestigations sponsored for existing 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 resulted 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 resulted in a denial or revocation of a security clearance.
(E) The total number of pending security clearance background investigations, including initial applicant investigations and periodic reinvestigations, that were not adjudicated 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 months or longer, but shorter than 18 months.
(iv) For 18 months or longer, but shorter than 24 months.
(v) For 24 months or longer.
(F) For any security clearance determinations completed or pending during the year preceding the year for which the report is submitted that have taken longer than 12 months to complete—
(i) an explanation of the causes for the delays incurred during the period covered by the report; and
(ii) the number of such delays involving a polygraph requirement.
(G) The percentage of security clearance investigations, including initial and periodic reinvestigations, that resulted in a denial or revocation of a security clearance.
(H) The percentage of security clearance investigations that resulted in incomplete information.
(I) The percentage of security clearance investigations that did not result in enough information to make a decision on potentially adverse information.
(3) The report required under this subsection shall be submitted in unclassified form, but may include a classified annex.
(c) Form The reports required under subsections (a)(1) and (b) shall be submitted in unclassified form, but may include a classified annex.
(July 26, 1947, ch. 343, title V, § 506H, as added Pub. L. 111259, title III, § 367(a)(1)(A), Oct. 7, 2010, 124 Stat. 2703; amended Pub. L. 114113, div. M, title VII, § 701(a), Dec. 18, 2015, 129 Stat. 2929; Pub. L. 11692, div. E, title LXVI, § 6609(b), Dec. 20, 2019, 133 Stat. 2217.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 415a10 of this title prior to editorial reclassification and renumbering as this section.
Amendments2019—Subsec. (a)(1)(C). Pub. L. 11692, § 6609(b)(1), struck out subpar. (C) which related to security clearance investigations and determinations for each element of the intelligence community. Subsec. (b). Pub. L. 11692, § 6609(b)(3), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub L. 11692, § 6609(b)(2), (4), redesignated subsec. (b) as (c) and substituted “subsections (a)(1) and (b)” for “subsection (a)(1)”. 2015—Subsec. (a). Pub. L. 114113, § 701(a)(1), (2), redesignated subsec. (b) as (a) and struck out former subsec. (a) which related to quadrennial audit of position requirements. Subsecs. (b), (c). Pub. L. 114113, § 701(a)(2), (3), redesignated subsec. (c) as (b) and substituted “The reports required under subsection (a)(1)” for “The results required under subsection (a)(2) and the reports required under subsection (b)(1)”. Former subsec. (b) redesignated (a).
Statutory Notes and Related Subsidiaries
Change of Name Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Initial AuditPub. L. 111259, title III, § 367(a)(1)(B), Oct. 7, 2010, 124 Stat. 2704, provided that: “The first audit required to be conducted under section 506H(a)(1) of the National Security Act of 1947 [50 U.S.C. 3104(a)(1)], as added by subparagraph (A) of this paragraph, shall be completed not later than February 1, 2011.”
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# 50 U.S.C. § 3105 - Summary of intelligence relating to terrorist recidivism of detainees held at United States Naval Station, Guantanamo Bay, Cuba
## Text
(a) In general The Director of National Intelligence, in consultation with the Director of the Central Intelligence Agency and the Director of the Defense Intelligence Agency, shall make publicly available an unclassified summary of—
(1) intelligence relating to recidivism of detainees currently or formerly held at the Naval Detention Facility at Guantanamo Bay, Cuba, by the Department of Defense; and
(2) an assessment of the likelihood that such detainees will engage in terrorism or communicate with persons in terrorist organizations.
(b) Updates Not less frequently than annually, the Director of National Intelligence, in consultation with the Director of the Central Intelligence Agency and the Secretary of Defense, shall update 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, Guantanamo Bay, Cuba, who are confirmed or suspected 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. 11287, title III, § 307(a)(1), Jan. 3, 2012, 125 Stat. 1882; amended Pub. L. 11692, div. E, title LVII, § 5701(a)(1), Dec. 20, 2019, 133 Stat. 2159.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 415a11 of this title prior to editorial reclassification and renumbering as this section.
Amendments2019—Subsec. (b). Pub. L. 11692 substituted “annually” for “once every 6 months”.
Statutory Notes and Related Subsidiaries
Initial UpdatePub. L. 11287, 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 subsection, 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 members and committees of Congress pursuant to section 319 of the Supplemental Appropriations Act, 2009 (Public Law 11132; 10 U.S.C. 801 note).”
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# 50 U.S.C. § 3105a - Classified intelligence budget justification materials
## Text
(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 justification materials” means, with respect to a fiscal year, the materials submitted to Congress 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 and the Committees on Appropriations of the Senate and the House of Representatives the classified intelligence budget justification materials for the element for that budget.
(July 26, 1947, ch. 343, title V, § 506J, as added Pub. L. 117263, div. F, title LXIII, § 6305, Dec. 23, 2022, 136 Stat. 3504; amended Pub. L. 11960, div. F, title LXVIII, § 6804(a), Dec. 18, 2025, 139 Stat. 1655.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3105a, act July 26, 1947, ch. 343, title V, § 506J, as added Pub. L. 113126, title III, § 306(a), July 7, 2014, 128 Stat. 1395, required annual assessments of intelligence community performance by function, prior to repeal by Pub. L. 11692, div. E, title LVII, § 5701(c), Dec. 20, 2019, 133 Stat. 2160.
Amendments2025—Subsec. (b). Pub. L. 11960 inserted “and the Committees on Appropriations of the Senate and the House of Representatives” after “congressional intelligence committees”.
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# 50 U.S.C. § 3107 - Certification of compliance with oversight requirements
## Text
The head of each element of the intelligence community shall annually submit to the congressional 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 compliance with the requirements of this subchapter; and
(B) any information required to be submitted by the head of such element under this chapter before the date of the submission 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 submit such information as soon as possible after the submission of such statement.
(July 26, 1947, ch. 343, title V, § 508, as added Pub. L. 111259, title III, § 332(a), Oct. 7, 2010, 124 Stat. 2686.)
## Notes
Editorial Notes
References in TextThis 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 chapter. 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 DatePub. L. 111259, title III, § 332(b), Oct. 7, 2010, 124 Stat. 2687, provided that: “The first certification or statement required to be submitted by the head of each element 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. 111259, set out above, see section 2 of Pub. L. 111259, set out as a note under section 3003 of this title.]
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# 50 U.S.C. § 3108 - Auditability of certain elements of the intelligence community
## Text
(a) Requirement for annual audits The head of each covered entity shall ensure that there is a full financial audit of such covered entity each year beginning with fiscal year 2014. Such audits may be conducted by an internal or external independent accounting or auditing organization.
(b) Requirement for unqualified opinion Beginning as early as practicable, but in no event later than the audit required under subsection (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 covered entity for the fiscal year covered by such audit.
(c) Reports to Congress The chief financial officer of each covered entity shall provide to the congressional intelligence 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 Intelligence, the Central Intelligence Agency, the Defense Intelligence Agency, the National Security Agency, the National Reconnaissance Office, and the National Geospatial-Intelligence Agency.
(July 26, 1947, ch. 343, title V, § 509, as added Pub. L. 113126, title III, § 309(a), July 7, 2014, 128 Stat. 1398.)
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# 50 U.S.C. § 3109 - Significant interpretations of law concerning intelligence activities
## Text
(a) Notification Except as provided in subsection (c) and to the extent consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters, the General Counsel of each element of the intelligence community shall notify the congressional intelligence committees, in writing, of any significant legal interpretation of the United States Constitution or Federal law affecting intelligence activities conducted by such element by not later than 30 days after the date of the commencement of any intelligence activity pursuant to such interpretation.
(b) Content Each notification under subsection (a) shall provide a summary of the significant legal interpretation and the intelligence activity or activities conducted pursuant to such interpretation.
(c) Exceptions A notification under subsection (a) shall not be required for a significant legal interpretation if—
(1) notice of the significant legal interpretation was previously provided to the congressional intelligence committees under subsection (a); or
(2) the significant legal interpretation was made before July 7, 2014.
(d) Limited access for covert action If the President determines that it is essential to limit access to a covert action finding under section 3093(c)(2) of this title, the President may limit access to information concerning such finding that is subject to notification under this section to those members of Congress who have been granted access to the relevant finding under section 3093(c)(2) of this title.
(July 26, 1947, ch. 343, title V, § 510, as added Pub. L. 113126, title III, § 321(a), July 7, 2014, 128 Stat. 1399.)
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# 50 U.S.C. § 3110 - Annual report on violations of law or executive order
## Text
(a) Annual reports required The Director of National Intelligence shall annually submit to the congressional intelligence committees a report on violations of law or executive order relating to intelligence activities by personnel of an element of the intelligence community that were identified during the previous calendar year.
(b) Elements Each report submitted under subsection (a) shall, consistent with the need to preserve ongoing criminal investigations, include a description of, and any action taken in response to, any violation of law or executive order (including Executive Order No. 12333 (50 U.S.C. 3001 note)) relating to intelligence activities committed by personnel of an element of the intelligence community in the course of the employment of such personnel that, during the previous calendar year, was—
(1) determined by the director, head, or general counsel of any element of the intelligence community to have occurred;
(2) referred to the Department of Justice for possible criminal prosecution; or
(3) substantiated by the inspector general of any element of the intelligence community.
(July 26, 1947, ch. 343, title V, § 511, as added Pub. L. 113293, title III, § 323(a), Dec. 19, 2014, 128 Stat. 4003.)
## Notes
Statutory Notes and Related Subsidiaries
ConstructionPub. L. 113293, title III, § 323(e), Dec. 19, 2014, 128 Stat. 4004, provided that: “Nothing in this section [enacting this section and provisions set out as notes under this section] or the amendments made by this section shall be construed to alter any requirement existing on the date of the enactment of this Act [Dec. 19, 2014] to submit a report under any provision of law.”
Initial ReportPub. L. 113293, title III, § 323(b), Dec. 19, 2014, 128 Stat. 4004, provided that: “The first report required under section 511 of the National Security Act of 1947 [50 U.S.C. 3110], as added by subsection (a), shall be submitted not later than one year after the date of the enactment of this Act [Dec. 19, 2014].”
GuidelinesPub. L. 113293, title III, § 323(c), Dec. 19, 2014, 128 Stat. 4004, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 19, 2014], the Director of National Intelligence, in consultation with the head of each element of the intelligence community, shall— “(1) issue guidelines to carry out section 511 of the National Security Act of 1947 [50 U.S.C. 3110], as added by subsection (a); and “(2) submit such guidelines to the congressional intelligence committees.” [For definitions of terms used in section 323(c) of Pub. L. 113293, set out above, see section 2 of Pub. L. 113293, set out as a note under section 3003 of this title.]
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# 50 U.S.C. § 3111 - Briefings and notifications on counterintelligence activities of the Federal Bureau of Investigation
## Text
(a) Quarterly briefings In addition to, and without any derogation of, the requirement under section 3091 of this title to keep the congressional intelligence committees fully and currently informed of the intelligence and counterintelligence activities of the United States, not less frequently than once each quarter, or more frequently if requested by the congressional intelligence committees, the Director of the Federal Bureau of Investigation shall provide to the congressional intelligence committees a briefing on the counterintelligence activities of the Federal Bureau of Investigation. Such briefings shall include, at a minimum, an overview and update of—
(1) the counterintelligence posture of the Bureau;
(2) counterintelligence investigations; and
(3) any other information relating to the counterintelligence activities of the Bureau that the Director determines necessary.
(b) Notifications In addition to the quarterly briefings under subsection (a), the Director of the Federal Bureau of Investigation shall promptly notify the congressional intelligence committees of any counterintelligence investigation carried out by the Bureau with respect to any counterintelligence risk or threat that is related to an election or campaign for Federal office.
(c) Guidelines (1) Development and consultation The Director shall develop guidelines governing the scope of the briefings provided under subsection (a), the notifications provided under subsection (b), and the information required by section 3371(a)(2) of this title. The Director shall consult the congressional intelligence committees during such development.
(2) Submission The Director shall submit to the congressional intelligence committees—
(A) the guidelines under paragraph (1) upon issuance; and
(B) any updates to such guidelines by not later than 15 days after making such update.
(July 26, 1947, ch. 343, title V, § 512, as added Pub. L. 11692, div. E, title LIII, § 5304(b)(1), Dec. 20, 2019, 133 Stat. 2120.)
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# 50 U.S.C. § 3111a - Annual report on Federal Bureau of Investigation case data
## Text
(a) Annual report Not later than 30 days after December 18, 2025, and annually thereafter, the Director of the Federal Bureau of Investigation shall submit to the congressional intelligence committees, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a report containing data on cases of the Federal Bureau of Investigation for the fiscal year preceding the fiscal year in which the report is submitted.
(b) Elements Each report required by subsection (a) shall include, for the fiscal year covered by the report, the number of active cases, the number of unique cases, and the number of cases opened, for each of the following:
(1) Russia counterintelligence cases.
(2) China counterintelligence cases.
(3) Espionage or leak cases.
(4) All other counterintelligence cases, disaggregated by country affiliation.
(5) Cartel and other transnational criminal organization counterterrorism cases.
(6) All other international counterterrorism cases, disaggregated by country affiliation.
(7) Russia cyber national security cases.
(8) China cyber national security cases.
(9) All other cyber national security cases, disaggregated by country affiliation.
(c) Form Each report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(July 26, 1947, ch. 343, title V, § 512A, as added Pub. L. 11960, div. F, title LXV, § 6524, Dec. 18, 2025, 139 Stat. 1632.)
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# 50 U.S.C. § 3112 - Annual reports on the domestic activities of the intelligence community
## Text
(a) Reports Not later than January 31 of each year, the Director of National Intelligence shall submit to the congressional intelligence committees a report—
(1) identifying all domestic activities undertaken by each element of the intelligence community during the prior fiscal year; and
(2) for each activity identified under paragraph (1), a statement of the legal authority authorizing such activity to be undertaken.
(b) Form Each report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(July 26, 1947, ch. 343, title V, § 513, as added Pub. L. 117103, div. X, title V, § 505(b), Mar. 15, 2022, 136 Stat. 989.)
## Notes
Statutory Notes and Related Subsidiaries
First Report; Appropriate Congressional Committees DefinedPub. L. 117103, div. X, title V, § 505(c), (d), Mar. 15, 2022, 136 Stat. 989, provided that: “(c) First Report.—Not later than 90 days after the date of the enactment of this Act [Mar. 15, 2022], the Director of National Intelligence shall submit to the appropriate congressional committees the first report required under section 513 of the National Security Act of 1947 [50 U.S.C. 3112], as added by subsection (a). “(d) Appropriate Congressional Committees Defined.—In this section, the term appropriate congressional committees means—“(1) the congressional intelligence committees; and “(2) the Subcommittees on Commerce, Justice, Science, and Related Agencies and the Subcommittees on Homeland Security of the Committees on Appropriations of the House of Representatives and the Senate.” [For definition of “congressional intelligence committees” as used in section 505(d) of div. X of Pub. L. 117103, set out above, see section 2 of div. X of Pub. L. 117103, set out as a note under section 3003 of this title.]
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# 50 U.S.C. § 3113 - Unfunded priorities of the intelligence community: annual report
## Text
(a) Annual report Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the head of each element of the intelligence community shall prepare and submit to the Director of National Intelligence, the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives a report on the unfunded priorities of the programs under the jurisdiction of such head.
(b) Elements (1) In general Each report under subsection (a) shall specify, for each unfunded priority covered by such report, the following:
(A) A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part).
(B) Whether such priority will satisfy a covert action or support collection against requirements identified in the National Intelligence Priorities Framework of the Office of the Director of National Intelligence (or any successor mechanism established for the prioritization of programs and activities), including a description of such requirements and the related prioritization level.
(C) The additional amount of funds recommended in connection with the objectives under subparagraph (A).
(D) Budget information with respect to the unfunded priority, including—
(i) the appropriation account;
(ii) the expenditure center; and
(iii) the project and, if applicable, subproject.
(2) Prioritization of priorities Each report shall present the unfunded priorities covered by such report in overall order of urgency of priority among unfunded priorities.
(c) Unfunded priority defined In this section, the term “unfunded priority”, in the case of a fiscal year, means a program, activity, or mission requirement of an element of the intelligence community that—
(1) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31;
(2) is necessary to fulfill a covert action or to satisfy an information requirement associated with the collection, analysis, or dissemination of intelligence that has been documented within the National Intelligence Priorities Framework; and
(3) would have been recommended for funding by the head of the element of the intelligence community if—
(A) additional resources had been available for the budget to fund the program, activity, or mission requirement; or
(B) the program, activity, or mission requirement has emerged since the budget was formulated.
(July 26, 1947, ch. 343, title V, § 514, as added Pub. L. 117263, div. F, title LXIII, § 6315, Dec. 23, 2022, 136 Stat. 3512; amended Pub. L. 11831, div. G, title III, § 7312, Dec. 22, 2023, 137 Stat. 1030.)
## Notes
Editorial Notes
Amendments2023—Subsec. (a). Pub. L. 11831 inserted “prepare and” after “each element of the intelligence community shall”.
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# 50 U.S.C. § 3114 - Submission of covered documents and classified annexes
## Text
(a) Covered document defined In this section, the term “covered document” means any executive order, memorandum, or policy directive issued by the President, including national security Presidential memoranda and Presidential policy directives, or such successor memoranda and directives.
(b) Requirement Not later than 7 days after the date on which the President issues or amends a covered document, the President, acting through the Director of National Intelligence, shall submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives the covered document and any classified annex accompanying that document if such covered document or annex contains a direction to, establishes a requirement for, or includes a restriction on any element of the intelligence community.
(July 26, 1947, ch. 343, title V, § 515, as added Pub. L. 117263, div. F, title LXIII, § 6316(a), Dec. 23, 2022, 136 Stat. 3513.)
## Notes
Statutory Notes and Related Subsidiaries
Initial SubmissionPub. L. 117263, div. F, title LXIII, § 6316(b), Dec. 23, 2022, 136 Stat. 3513, provided that: “Not later than 60 days after the date of the enactment of this Act [Dec. 23, 2022], the Director of National Intelligence shall submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives each covered document and classified annex required under section 515 of the National Security Act of 1947 [50 U.S.C. 3114], as added by subsection (a), in effect as of the date of enactment of this Act.” [For definition of “congressional intelligence committees” as used in section 6316(b) of Pub. L. 117263, set out above, see section 6002 of Pub. L. 117263, set out as a note under section 3003 of this title.]
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# 50 U.S.C. § 3115 - Submission of legislative proposals
## Text
Not later than 45 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 Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives any legislative provisions that are proposed by the Director to be enacted as part of the annual intelligence authorization bill for that fiscal year.
(July 26, 1947, ch. 343, title V, § 516, as added Pub. L. 11831, div. G, title III, § 7313, Dec. 22, 2023, 137 Stat. 1030.)
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# 50 U.S.C. § 3116 - Notice of impact of diplomatic and consular post closings on intelligence community
## Text
(a) Notice to Director of National Intelligence and Secretary of Defense The Secretary of State shall provide notice to the Director of National Intelligence and the Secretary of Defense of any covered closure of a diplomatic or consular post. To the maximum extent practicable, the notice shall be provided at least 30 days before the date on which the covered closure occurs.
(b) Notice to congressional committees The Director of National Intelligence, in consultation with the heads of the other appropriate elements of the intelligence community as determined by the Director, shall submit to the appropriate congressional committees a notice describing the impact of the closure on the intelligence community. The notice shall be submitted within 30 days after the date on which the Director receives the notice under subsection (a) and, to the maximum extent practicable, shall be submitted before the date on which the covered closure occurs. Such notice shall include a description of whether, and the extent to which, the Director and the heads of the other appropriate elements of the intelligence community were consulted in the decision-making process with respect to such closure and registered any concerns with or objections to such closure.
(c) Definitions In this section:
(1) Appropriate congressional committees The term “appropriate congressional committees” means—
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives;
(C) the Committees on Armed Services of the Senate and the House of Representatives; and
(D) the Committees on Appropriations of the Senate and the House of Representatives.
(2) Covered closure of a diplomatic or consular post defined The term “covered closure of a diplomatic or consular post” means the closure of a United States diplomatic or consular post abroad that is anticipated to last for 60 days or more.
(July 26, 1947, ch. 343, title V, § 517, as added Pub. L. 11960, div. F, title LXIII, § 6303, Dec. 18, 2025, 139 Stat. 1610.)
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# 50 U.S.C. § 3117 - Notice of counterintelligence assessments and investigations of Federal candidates or officeholders
## Text
(a) Notice (1) Notice required Except as provided in paragraph (3), the Director of the Federal Bureau of Investigation shall notify the chairmen and ranking minority members of the appropriate congressional committees, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate of each counterintelligence assessment or investigation of an individual who is—
(A) a candidate for Federal office; or
(B) a holder of Federal office.
(2) Contents The notice required under paragraph (1) shall include—
(A) a summary of the relevant facts associated with the counterintelligence assessment or investigation; and
(B) the identity of such individual.
(3) Exception The Director may refrain from providing a notice under paragraph (1) to an individual who is otherwise a recipient of notices under such paragraph if that individual is a target of the counterintelligence assessment or investigation covered by the notice.
(b) Timing The Director shall provide each notice under subsection (a) not later than 15 days after the date of the commencement of the counterintelligence assessment or investigation that is the subject of such notice. With respect to counterintelligence assessments or investigations that commenced before December 18, 2025 and are ongoing as of December 18, 2025, the Director shall provide each notice under subsection (a) not later than 15 days after December 18, 2025.
(c) Definitions In this section:
(1) The term “appropriate congressional committees” means—
(A) the congressional intelligence committees; and
(B) the Committees on the Judiciary of the House of Representatives and the Senate.
(2) The terms “candidate” and “Federal office” have the meanings given those terms in section 30101 of title 52.
(July 26, 1947, ch. 343, title V, § 518, as added Pub. L. 11960, div. F, title LXV, § 6521, Dec. 18, 2025, 139 Stat. 1630.)

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