-CITE- 50 USC CHAPTER 15 - NATIONAL SECURITY 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY -HEAD- CHAPTER 15 - NATIONAL SECURITY -MISC1- Sec. 401. Congressional declaration of purpose. 401a. Definitions. SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY 402. National Security Council. 402-1. Joint Intelligence Community Council. 402a. Coordination of counterintelligence activities. 402b. National Counterintelligence Executive. 402c. Office of the National Counterintelligence Executive. 403. Director of National Intelligence. 403-1. Responsibilities and authorities of the Director of National Intelligence. 403-1a. Assignment of responsibilities relating to analytic integrity. 403-1b. Additional education and training requirements. 403-1c. National Intelligence Reserve Corps. 403-2. Intelligence Community contracting. 403-2a. Construction of intelligence community facilities; Presidential authorization. 403-2b. Limitation on construction of facilities to be used primarily by intelligence community. 403-3. Office of the Director of National Intelligence. 403-3a. Deputy Directors of National Intelligence. 403-3b. National Intelligence Council. 403-3c. General Counsel. 403-3d. Civil Liberties Protection Officer. 403-3e. Director of Science and Technology. 403-3f. National Counterintelligence Executive. 403-3g. Chief Information Officer. 403-4. Central Intelligence Agency. 403-4a. Director of the Central Intelligence Agency. 403-4b. Transformation of Central Intelligence Agency. 403-5. Responsibilities of Secretary of Defense pertaining to National Intelligence Program. 403-5a. Assistance to United States law enforcement agencies. 403-5b. Disclosure of foreign intelligence acquired in criminal investigations; notice of criminal investigations of foreign intelligence sources. 403-5c. Transferred. 403-5d. Foreign intelligence information. 403-5e. Transferred. 403-6. Appointment of officials responsible for intelligence-related activities. 403-7. Prohibition on using journalists as agents or assets. 403-8. Reaffirmation of longstanding prohibition against drug trafficking by employees of the intelligence community. 403a. Definitions relating to Central Intelligence Agency. 403b. Seal of office of Central Intelligence Agency. 403c. Procurement authority of Central Intelligence Agency. 403d. Repealed. 403e. Central Intelligence Agency personnel; allowances and benefits. 403e-1. Eligibility for incentive awards. 403f. General authorities of Agency. 403g. Protection of nature of Agency's functions. 403h. Admission of essential aliens; limitation on number. 403i. Repealed. 403j. Central Intelligence Agency; appropriations; expenditures. 403k. Authority to pay death gratuities. 403l. Authority to accept gifts, devises and bequests. 403m. Misuse of Agency name, initials, or seal. 403n. Special provisions for spouses of Central Intelligence Agency employees applicable to Agency participants in Civil Service Retirement and Disability System. 403o. Security personnel at Agency installations. 403p. Health benefits for certain former spouses of Central Intelligence Agency employees. 403q. Inspector General for Agency. 403r. Special annuity computation rules for certain employees' service abroad. 403r-1. Portability of overseas service retirement benefit. 403s. Special rules for disability retirement and death-in-service benefits with respect to certain employees. 403t. General Counsel of Central Intelligence Agency. 403u. Central services program. 403v. Detail of employees. 403w. Intelligence operations and cover enhancement authority. 403x. Separation pay program for voluntary separation from service. 404. Emergency preparedness. 404a. Annual national security strategy report. 404b. Multiyear national foreign intelligence program. 404c. Annual report on United States security arrangements and commitments with other nations. 404d. Annual report on intelligence. 404d-1. Transferred. 404e. National mission of National Geospatial-Intelligence Agency. 404f. Repealed. 404g. Restrictions on intelligence sharing with United Nations. 404h. Detail of intelligence community personnel - Intelligence Community Assignment Program. 404i. Additional annual reports from the Director of National Intelligence. 404i-1. Annual report on improvement of financial statements for auditing purposes. 404j. Limitation on establishment or operation of diplomatic intelligence support centers. 404k. Travel on any common carrier for certain intelligence collection personnel. 404l. POW/MIA analytic capability. 404m. Semiannual report on financial intelligence on terrorist assets. 404n. National Virtual Translation Center. 404n-1. Foreign Terrorist Asset Tracking Center. 404n-2. Terrorist Identification Classification System. 404n-3. Repealed. 404o. National Counterterrorism Center. 404o-1. National Counter Proliferation Center. 404o-2. National Intelligence Centers. SUBCHAPTER II - MISCELLANEOUS AND CONFORMING PROVISIONS 405. Advisory committees; appointment; compensation of part-time personnel; applicability of other laws. 406. Omitted. 407. Study or plan of surrender; use of appropriations. 408. Applicable laws. 409. Definitions of military departments. 409a. National Security Agency voluntary separation. 409b. Authority of Federal Bureau of Investigation to award personal services contracts. 409b-1. Reports on exercise of authority. 410. "Function" and "Department of Defense" defined. 411. Authorization of appropriations. 412. Repealing and savings provisions. SUBCHAPTER III - ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES 413. General Congressional oversight provisions. 413a. Reporting of intelligence activities other than covert actions. 413b. Presidential approval and reporting of covert actions. 414. Funding of intelligence activities. 415. Notice to Congress of certain transfers of defense articles and defense services. 415a. Specificity of National Intelligence Program budget amounts for counterterrorism, counterproliferation, counternarcotics, and counterintelligence. 415a-1. Budget treatment of costs of acquisition of major systems by the intelligence community. 415b. Dates for submittal of various annual and semiannual reports to the congressional intelligence committees. 415c. Availability to public of certain intelligence funding information. SUBCHAPTER IV - PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION 421. Protection of identities of certain United States undercover intelligence officers, agents, informants, and sources. 422. Defenses and exceptions. 423. Report. 424. Extraterritorial jurisdiction. 425. Providing information to Congress. 426. Definitions. SUBCHAPTER V - PROTECTION OF OPERATIONAL FILES 431. Operational files of the Central Intelligence Agency. 432. Operational files of the National Geospatial-Intelligence Agency. 432a. Operational files of the National Reconnaissance Office. 432b. Operational files of the National Security Agency. 432c. Omitted. SUBCHAPTER VI - ACCESS TO CLASSIFIED INFORMATION 435. Procedures. 435a. Limitation on handling, retention, and storage of certain classified materials by the Department of State. 435b. Security clearances. 436. Requests by authorized investigative agencies. 437. Exceptions. 438. Definitions. SUBCHAPTER VII - APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE ACTIVITIES 441. Stay of sanctions. 441a. Extension of stay. 441b. Reports. 441c. Laws subject to stay. 441d. Repealed. SUBCHAPTER VII-A - EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE PART A - SCIENCE AND TECHNOLOGY 441g. Scholarships and work-study for pursuit of graduate degrees in science and technology. 441g-1. Framework for cross-disciplinary education and training. 441g-2. Intelligence Community Scholarship Program. PART B - FOREIGN LANGUAGES PROGRAM 441j. Program on advancement of foreign languages critical to the intelligence community. 441j-1 Education partnerships. 441j-2. Voluntary services. 441j-3. Regulations. 441j-4. Definitions. PART C - ADDITIONAL EDUCATION PROVISIONS 441m. Assignment of intelligence community personnel as language students. SUBCHAPTER VIII - ADDITIONAL MISCELLANEOUS PROVISIONS 442. Applicability to United States intelligence activities of Federal laws implementing international treaties and agreements. 442a. Counterintelligence initiatives. -End- -CITE- 50 USC Sec. 401 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY -HEAD- Sec. 401. Congressional declaration of purpose -STATUTE- In enacting this legislation, 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. -SOURCE- (July 26, 1947, ch. 343, Sec. 2, 61 Stat. 496; Aug. 10, 1949, ch. 412, Sec. 2, 63 Stat. 579; Pub. L. 85-599, Sec. 2, Aug. 6, 1958, 72 Stat. 514.) -REFTEXT- REFERENCES IN TEXT This legislation, referred to in text, means act July 26, 1947, ch. 343, 61 Stat. 495, as amended, known as the National Security Act of 1947. For complete classification of this Act to the Code, see Short Title note set out below and Tables. -MISC1- AMENDMENTS 1958 - Pub. L. 85-599 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. -CHANGE- CHANGE OF NAME Pub. L. 108-458, title I, Sec. 1081, Dec. 17, 2004, 118 Stat. 3696, provided that: "(a) Director of Central Intelligence as Head of Intelligence Community. - Any reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the Director of National Intelligence. "(b) Director of Central Intelligence as Head of CIA. - Any reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the Director of the Central Intelligence Agency. "(c) Community Management Staff. - Any reference to the Community Management Staff in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the staff of the Office of the Director of National Intelligence." -MISC2- EFFECTIVE DATE OF 2004 AMENDMENTS; TRANSITION PROVISIONS Pub. L. 108-458, title I, subtitle H, Dec. 17, 2004, 118 Stat. 3697, as amended by Pub. L. 109-13, div. A, title I, Sec. 1009, May 11, 2005, 119 Stat. 244, provided that: "SEC. 1091. TRANSFER OF COMMUNITY MANAGEMENT STAFF. "(a) Transfer. - There shall be transferred to the Office of the Director of National Intelligence such staff of the Community Management Staff as of the date of the enactment of this Act [Dec. 17, 2004] as the Director of National Intelligence determines to be appropriate, including all functions and activities discharged by the Community Management Staff as of that date. "(b) Administration. - The Director of National Intelligence shall administer the Community Management Staff after the date of the enactment of this Act [Dec. 17, 2004] as a component of the Office of the Director of National Intelligence under section 103 of the National Security Act of 1947 [50 U.S.C. 403-3], as amended by section 1011(a) of this Act. "SEC. 1092. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER. "(a) Transfer. - There shall be transferred to the National Counterterrorism Center the Terrorist Threat Integration Center (TTIC) or its successor entity, including all functions and activities discharged by the Terrorist Threat Integration Center or its successor entity as of the date of the enactment of this Act [Dec. 17, 2004]. "(b) Administration. - The Director of the National Counterterrorism Center shall administer the Terrorist Threat Integration Center after the date of the enactment of this Act [Dec. 17, 2004] as a component of the Directorate of Intelligence of the National Counterterrorism Center under section 119(i) of the National Security Act of 1947 [50 U.S.C. 404o(i)], as added by section 1021(a) [1021] of this Act. "SEC. 1093. TERMINATION OF POSITIONS OF ASSISTANT DIRECTORS OF CENTRAL INTELLIGENCE. "(a) Termination. - The positions referred to in subsection (b) are hereby abolished. "(b) Covered Positions. - The positions referred to in this subsection are as follows: "(1) The Assistant Director of Central Intelligence for Collection. "(2) The Assistant Director of Central Intelligence for Analysis and Production. "(3) The Assistant Director of Central Intelligence for Administration. "SEC. 1094. IMPLEMENTATION PLAN. "The President shall transmit to Congress a plan for the implementation of this title [see Short Title of 2004 Amendment note below] and the amendments made by this title. The plan shall address, at a minimum, the following: "(1) The transfer of personnel, assets, and obligations to the Director of National Intelligence pursuant to this title. "(2) Any consolidation, reorganization, or streamlining of activities transferred to the Director of National Intelligence pursuant to this title. "(3) The establishment of offices within the Office of the Director of National Intelligence to implement the duties and responsibilities of the Director of National Intelligence as described in this title. "(4) Specification of any proposed disposition of property, facilities, contracts, records, and other assets and obligations to be transferred to the Director of National Intelligence. "(5) Recommendations for additional legislative or administrative action as the President considers appropriate. "SEC. 1095. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON IMPLEMENTATION OF INTELLIGENCE COMMUNITY REFORM. "(a) Report. - Not later than one year after the effective date of this Act [probably means the effective date of title I of Pub. L. 108-458, see below], the Director of National Intelligence shall submit to the congressional intelligence committees a report on the progress made in the implementation of this title [see Short Title of 2004 Amendment note below], including the amendments made by this title. The report shall include a comprehensive description of the progress made, and may include such recommendations for additional legislative or administrative action as the Director considers appropriate. "(b) Congressional Intelligence Committees Defined. - In this section, the term 'congressional intelligence committees' means - "(1) the Select Committee on Intelligence of the Senate; and "(2) the Permanent Select Committee on Intelligence of the House of Representatives. "SEC. 1096. TRANSITIONAL AUTHORITIES. "(a) In General. - Upon the request of the Director of National Intelligence, the head of any executive agency may, on a reimbursable basis, provide services or detail personnel to the Director of National Intelligence. "(b) Transfer of Personnel. - In addition to any other authorities available under law for such purposes, in the fiscal years 2005 and 2006, the Director of National Intelligence - "(1) is authorized within the Office of the Director of National Intelligence the total of 500 new personnel positions; and "(2) with the approval of the Director of the Office of Management and Budget, may detail not more than 150 personnel funded within the National Intelligence Program to the Office of the Director of National Intelligence for a period of not more than 2 years. "SEC. 1097. EFFECTIVE DATES. "(a) In General. - Except as otherwise expressly provided in this Act [see Short Title of 2004 Amendment note below], this title [see Short Title of 2004 Amendment note below] and the amendments made by this title shall take effect not later than six months after the date of the enactment of this Act [Dec. 17, 2004] [For determination by the President that certain sections of title I of Pub. L. 108-458 take effect earlier than six months after the date of enactment, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note below.]. "(b) Specific Effective Dates. - (1)(A) Not later than 60 days after the date of the appointment of the first Director of National Intelligence, the Director of National Intelligence shall first appoint individuals to positions within the Office of the Director of National Intelligence. "(B) Subparagraph (A) shall not apply with respect to the Principal Deputy Director of National Intelligence. "(2) Not later than 180 days after the effective date of this Act [probably means the effective date of title I of Pub. L. 108-458, see above], the President shall transmit to Congress the implementation plan required by section 1094. "(3) Not later than one year after the date of the enactment of this Act [Dec. 17, 2004], the Director of National Intelligence shall prescribe regulations, policies, procedures, standards, and guidelines required under section 102A of the National Security Act of 1947 [50 U.S.C. 403-1], as amended by section 1011(a) of this Act." [Functions of President under section 1094 of Pub. L. 108-458, set out in a note above, assigned to the Director of National Intelligence by section 3 of Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 48633, set out as a note under section 301 of Title 3, The President.] EFFECTIVE DATE Section 310 of act July 26, 1947, provided: "(a) The first sentence of section 202(a) [section 171a of former Title 5, Executive Departments and Government Officers and Employees] and sections 1, 2, 307, 308, 309, and 310 [section 171 note of former Title 5, section 361 of this title, and sections 171m and 171n of former Title 5] shall take effect immediately upon the enactment of this Act [July 26, 1947]. "(b) Except as provided in subsection (a), the provisions of this Act [sections 171 to 171l, 181-1, 181-2, 411a, 411b, 626 to 626d of former Title 5, section 24 of Title 3, The President, and sections 401 to 405 of this title] 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 the date of the enactment of this Act [July 26, 1947]." SHORT TITLE OF 2004 AMENDMENT Pub. L. 108-458, Sec. 1(a), Dec. 17, 2004, 118 Stat. 3638, provided that: "This Act [see Tables for classification] may be cited as the 'Intelligence Reform and Terrorism Prevention Act of 2004'." Pub. L. 108-458, title I, Sec. 1001, Dec. 17, 2004, 118 Stat. 3643, provided that: "This title [enacting sections 402-1, 403, 403- 1, 403-1a to 403-1c, 403-3, 403-3a to 403-3f, 403-4, 403-4a, 403- 4b, 404o, 404o-1, 404o-2, 441g-1, and 441g-2 of this title, section 8K of the Inspector General Act set out in the Appendix to Title 5, Government Organization and Employees, and section 485 of Title 6, Domestic Security, amending sections 401a, 402, 402a to 402c, 403-5, 403-5b, 403-6, 403a, 403b, 403g, 403n, 403p, 403q, 403t, 403u, 404e, 404g to 404i, 404i-1, 404j to 404l, 404n, 404n-1, 404n-2, 405, 413, 413a, 413b, 414, 415a, 415a-1, 423, 431, 432, 432a, 432b, 441g, 442a, 1802 to 1805, 1822 to 1824, 1842, 2001, and 2011 of this title, sections 5312, 5313, 5315, 7323, and 7342 of Title 5, section 105 of the Ethics in Government Act set out in the Appendix to Title 5, section 9 of the Classified Information Procedures Act set out in the Appendix to Title 18, Crimes and Criminal Procedure, and section 113 of Title 40, Public Buildings, Property, and Works, repealing sections 403, 403-1, 403-3, 403-4, and 404f of this title, enacting provisions set out as notes under this section, sections 403, 403-1, 403-1a, and 403-4b of this title, and section 601 of Title 5, and amending provisions set out as notes under sections 403, 403-3, 403-4, 435, and 441g of this title, section 4124 of Title 18, and section 519 of Title 28, Judiciary and Judicial Procedure] may be cited as the 'National Security Intelligence Reform Act of 2004'." SHORT TITLE OF 2002 AMENDMENT Pub. L. 107-306, title IX, Sec. 901(a), Nov. 27, 2002, 116 Stat. 2432, provided that: "This title [enacting sections 402b and 402c of this title, amending section 402a of this title, and enacting provisions set out as a note under section 402b of this title] may be cited as the 'Counterintelligence Enhancement Act of 2002'." SHORT TITLE OF 1996 AMENDMENT Pub. L. 104-293, title VIII, Sec. 801, Oct. 11, 1996, 110 Stat. 3474, provided that: "This title [enacting sections 403, 403-1, 403- 5a, and 403t of this title, amending sections 402, 403, 403-3 to 403-6, and 404d of this title and sections 5314 and 5315 of Title 5, Government Organization and Employees, repealing former section 403 of this title, and enacting provisions set out as notes under sections 403-3, 403-4, and 403t of this title] may be cited as the 'Intelligence Renewal and Reform Act of 1996'." SHORT TITLE OF 1994 AMENDMENT Pub. L. 103-359, title VIII, Sec. 801, Oct. 14, 1994, 108 Stat. 3434, provided that: "This title [enacting sections 402a, 435 to 438, and 1821 to 1829 of this title, section 2170b of the Appendix to this title, section 1599 [now 1611] of Title 10, Armed Forces, and section 1924 of Title 18, Crimes and Criminal Procedure, amending section 783 of this title, section 2170 of the Appendix to this title, section 8312 of Title 5, Government Organization and Employees, section 1604 of Title 10, and sections 793, 794, 798, 3071, and 3077 of Title 18, enacting provisions set out as notes under sections 435 and 1821 of this title, and amending provisions set out as notes under sections 402 and 1801 of this title] may be cited as the 'Counterintelligence and Security Enhancements Act of 1994'." SHORT TITLE OF 1992 AMENDMENT Pub. L. 102-496, title VII, Sec. 701, Oct. 24, 1992, 106 Stat. 3188, provided that: "This title [enacting sections 401a and 403-3 to 403-6 of this title, amending sections 402, 403, 404, and 404a of this title, and repealing section 403-1 of this title] may be cited as the 'Intelligence Organization Act of 1992'." SHORT TITLE OF 1984 AMENDMENT Pub. L. 98-477, Sec. 1, Oct. 15, 1984, 98 Stat. 2209, provided: "That this Act [enacting sections 431 and 432 of this title, amending section 552a of Title 5, Government Organization and Employees, and enacting provisions set out as notes under sections 431 and 432 of this title] may be cited as the 'Central Intelligence Agency Information Act'." SHORT TITLE OF 1982 AMENDMENT Pub. L. 97-200, Sec. 1, June 23, 1982, 96 Stat. 122, provided: "That this Act [enacting subchapter IV of this chapter] may be cited as the 'Intelligence Identities Protection Act of 1982'." SHORT TITLE OF 1949 AMENDMENT Section 1 of act Aug. 10, 1949, provided that: "This Act [enacting sections 408 and 412 of this title and sections 171-1, 171t, 172, 172a to 172d, and 172f to 172j of former Title 5, Executive Departments and Government Officers and Employees, amending this section, sections 151, 402, 403d, 405, 410, 459, 481, and 494 of this title, sections 171, 171a, 171b to 171d, 171e to 171j, 171n, 171r, 172e, 411b, and 626c of former Title 5, section 1748b of Title 12, Banks and Banking, section 1517 of Title 15, Commerce and Trade, sections 474, 481 to 484, and 487 of former Title 40, Public Buildings, Property, and Works, section 364a of Title 43, Public Lands, sections 1156 and 1157 of former Title 49, Transportation, and section 1193 of the Appendix to this title, and enacting provisions set out as notes under this section and sections 171 and 171c of former Title 5] may be cited as the 'National Security Act Amendments of 1949'." SHORT TITLE Section 1 of act July 26, 1947, provided: "That this Act [enacting this section, sections 401a to 403, 404, 405, and 408 to 412 of this title, and sections 171, 171-1, 171-2, 171a, 171b to 171d, 171e to 171j, 171k to 171m, 171n, 172, 172a to 172d, 172f to 172j, 181-1, 181-2, 411a, 411b, 626, 626a to 626c, and 626d of former Title 5, Executive Department and Government Officers and Employees, amending sections 1, 11, and 172e of former Title 5, section 1517 of Title 15, Commerce and Trade, and section 72 of former Title 31, Money and Finance, and enacting provisions set out as notes under this section and section 135 of Title 10, Armed Forces] may be cited as the 'National Security Act of 1947'." Sections of National Security Act of 1947, which were classified to former Title 5, were repealed and restated in Title 10, Armed Forces, except as noted, as follows: Section of former Section of Title 10 Title 5 -------------------------------------------------------------------- 171 131, 133. 171a(a), (b) 133. 171a(c) 125, 136, 141, 3010, 3012, 5011, 5031, 8010, 8012. 171a(d) 133. 171a(e) 132. 171a(f) 133. 171a(g)-(i) [Omitted]. 171a(j) 124. 171c 134, 135, 136, 718, 2358. 171c-1, 171c-2 [Repealed]. 171d 1580. 171e 171. 171f 141, 142. 171g 143. 171h 2201. 171i 2351. 171j 173. 172 136. 172a 3014, 5061, 8014. 172b 2203. 172c 2204. 172d 2208. 172e 2209. 172f 126. 172g 2205. 172h 2206. 172i 2701. 181-1 101, 3011, 3012, 3062, T. 50 Sec. 409. 181-2 3012. 411a(a) 101; T. 50 Sec. 409. 411a(b) 5012. 411a(c) 5013, 5402. 626(a) 8012. 626(b) [Repealed]. 626(c) 101; T. 50 Sec. 409. 626(d) 8013. 626(e) 8012. 626(f) 8033. 626(g) 8011. 626a 8012. 626b 8013. 626c 743, 8062. -------------------------------------------------------------------- SAVINGS PROVISIONS Pub. L. 108-487, title VIII, Sec. 803, Dec. 23, 2004, 118 Stat. 3962, provided that: "(a) Head of Intelligence Community. - (1) During the period beginning on the date of the enactment of this Act [Dec. 23, 2004] and ending on the date of the appointment of the Director of National Intelligence [Apr. 21, 2005] under section 102 of the National Security Act of 1947, as amended by section 1011(a) of the National Security Intelligence Reform Act of 2004 [50 U.S.C. 403], the Director of Central Intelligence may, acting as the head of the intelligence community, discharge the functions and authorities provided in this Act, and the amendments made by this Act [see Effective Date of 2004 Amendments note set out under section 2656f of Title 22, Foreign Relations and Intercourse], to the Director of National Intelligence. "(2) During the period referred to in paragraph (1) any reference in this Act or the amendments made by this Act to the Director of National Intelligence shall be considered to be a reference to the Director of Central Intelligence, as the head of the intelligence community. "(3) Upon the appointment of an individual as Director of National Intelligence under section 102 of the National Security Act of 1947, as so amended, any reference in this Act, or in the classified annex to accompany this Act, to the Director of Central Intelligence as head of the intelligence community shall be deemed to be a reference to the Director of National Intelligence. "(b) Head of Central Intelligence Agency. - (1) During the period beginning on the date of the enactment of this Act [Dec. 23, 2004] and ending on the date of the appointment of the Director of the Central Intelligence Agency under section 104A of the National Security Act of 1947, as amended by section 1011(a) of the National Security Intelligence Reform Act of 2004 [50 U.S.C. 403-4a], the Director of Central Intelligence may, acting as the head of the Central Intelligence Agency, discharge the functions and authorities provided in this Act, and the amendments made by this Act, to the Director of the Central Intelligence Agency. "(2) Upon the appointment of an individual as Director of the Central Intelligence Agency under section 104A of the National Security Act of 1947, as so amended, any reference in this Act, or in the classified annex to accompany this Act, to the Director of Central Intelligence as head of the Central Intelligence Agency shall be deemed to be a reference to the Director of the Central Intelligence Agency." Section 12(g) of act Aug. 10, 1949, provided: "All laws, orders, regulations, and other actions relating to the National Military Establishment, the Departments of the Army, the Navy, or the Air Force, or to any officer or activity of such establishment or such departments, shall, except to the extent inconsistent with the provisions of this Act [see Short Title of 1949 Amendment note above], have the same effect as if this Act had not been enacted; but, after the effective date of this Act [Aug. 10, 1949], any such law, order, regulation, or other action which vested functions in or otherwise related to any officer, department, or establishment, shall be deemed to have vested such function in or relate to the officer or department, executive or military, succeeding the officer, department, or establishment in which such function was vested. For purposes of this subsection the Department of Defense shall be deemed the department succeeding the National Military Establishment, and the military departments of Army, Navy, and Air Force shall be deemed the departments succeeding the Executive Departments of Army, Navy, and Air Force." SEPARABILITY Pub. L. 108-458, title I, Sec. 1103, Dec. 17, 2004, 118 Stat. 3700, provided that: "If any provision of this Act [see Short Title of 2004 Amendment note above], or an amendment made by this Act, or the application of such provision to any person or circumstance is held invalid, the remainder of this Act, or the application of such provision to persons or circumstances other those to which such provision is held invalid shall not be affected thereby." Section 309 of act July 26, 1947, provided: "If any provision of this Act [see Short Title note above] or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby." [Section 310(a) of act July 26, 1947, set out as an Effective Date note above, provided that section 309 of act July 26, 1947, is effective July 26, 1947.] CONSTRUCTION OF REFERENCES TO DIRECTOR OF CENTRAL INTELLIGENCE Pub. L. 108-487, title VIII, Sec. 802, Dec. 23, 2004, 118 Stat. 3962, provided that: "Except as otherwise specifically provided or otherwise provided by context, any reference in this Act [see Effective Date of 2004 Amendments note set out under section 2656f of Title 22, Foreign Relations and Intercourse], or in the classified annex to accompany this Act, to the Director of Central Intelligence shall be deemed to be a reference to the Director of Central Intelligence as head of the intelligence community." INCORPORATION OF REPORTING REQUIREMENTS Pub. L. 108-177, title I, Sec. 106, Dec. 13, 2003, 117 Stat. 2604, provided that: "(a) In General. - Each requirement to submit a report to the congressional intelligence committees that is included in the joint explanatory statement to accompany the conference report on the bill H.R. 2417 of the One Hundred Eighth Congress [enacted as Pub. L. 108-177], or in the classified annex to this Act, is hereby incorporated into this Act, and is hereby made a requirement in law. "(b) Congressional Intelligence Committees Defined. - In this section, the term 'congressional intelligence committees' means - "(1) the Select Committee on Intelligence of the Senate; and "(2) the Permanent Select Committee on Intelligence of the House of Representatives." Similar provisions were contained in Pub. L. 107-306, title I, Sec. 108, Nov. 27, 2002, 116 Stat. 2388. NATIONAL COMMISSION FOR REVIEW OF RESEARCH AND DEVELOPMENT PROGRAMS OF THE UNITED STATES INTELLIGENCE COMMUNITY Pub. L. 107-306, title X, Nov. 27, 2002, 116 Stat. 2437, as amended by Pub. L. 108-177, title III, Sec. 315(a), Dec. 13, 2003, 117 Stat. 2610, established the National Commission for the Review of the Research and Development Programs of the United States Intelligence Community to review the status of research and development programs and activities within the intelligence community, directed the Commission to submit to the congressional intelligence committees, the Director of Central Intelligence, and the Secretary of Defense a final report on such review not later than Sept. 1, 2004, provided that the Commission was to terminate at the end of the 120-day period beginning on the date on which the final report was transmitted to the congressional intelligence committees, and directed the Director of Central Intelligence and the Secretary of Defense to each submit to the congressional intelligence committees an assessment of the final report not later than 60 days after receipt. NATIONAL COMMISSION FOR THE REVIEW OF THE NATIONAL RECONNAISSANCE OFFICE Pub. L. 106-120, title VII, Dec. 3, 1999, 113 Stat. 1620, established the National Commission for the Review of the National Reconnaissance Office to review the current organization, practices, and authorities of the National Reconnaissance Office, directed the Commission to submit to the congressional intelligence committees, the Director of Central Intelligence, and the Secretary of Defense a final report on such review not later than Nov. 1, 2000, provided that the Commission would terminate at the end of the 120-day period beginning on the date on which the final report was transmitted to the congressional intelligence committees, and directed the Director of Central Intelligence and the Secretary of Defense to each submit to the congressional intelligence committees an assessment of the final report not later than 60 days after receipt. COMMISSION ON ROLES AND CAPABILITIES OF UNITED STATES INTELLIGENCE COMMUNITY Pub. L. 103-359, title IX, Oct. 14, 1994, 108 Stat. 3456, related to establishment, composition, duties, reports, powers, payment of expenses, and termination, not later than Mar. 1, 1996, of the Commission on the Roles and Capabilities of the United States Intelligence Community. NATIONAL COMMISSION ON DEFENSE AND NATIONAL SECURITY Pub. L. 101-511, title VIII, Sec. 8104, Nov. 5, 1990, 104 Stat. 1898, as amended by Pub. L. 102-172, title VIII, Sec. 8078, Nov. 26, 1991, 105 Stat. 1189, provided that: "SECTION 1. This section establishes the National Commission on Defense and National Security. "SEC. 2. FINDINGS. "The Congress makes the following findings: "(1) Recent revolutionary world events require a fundamental reassessment of the defense and national security policies of the United States. "(2) Emerging democracies around the world will require political, technical, and economic assistance, as well as military assistance, from the developed free nations in order to thrive and to become productive members of the world community. "(3) Real and potential military threats to the United States and its allies will continue to exist for the foreseeable future from not just the Soviet Union but also from terrorism and from Third World nations. "(4) Proliferation of both sophisticated conventional weapons and of nuclear weapons could produce a world more dangerous than we have faced in the past. "(5) Ethnic rivalries as well as economic inequalities may produce instabilities that could spark serious conflict. "(6) In order to formulate coherent national policies to meet these challenges of a new world environment, it is essential for the United States to achieve a bipartisan consensus such as that which emerged following World War II. "(7) Such a consensus can be fostered by the development of policy recommendations from a highly respected group of individuals who do not bear a partisan label and who possess critical expertise and experience. "SEC. 3. ESTABLISHMENT. "There is established a commission to be known as [the] National Commission on Defense and National Security (hereinafter in this Act referred to as the 'Commission'). The Commission is established until 30 days following submission of the final report required by section 6 of this section. "SEC. 4. DUTIES OF COMMISSION. "(a) In General. - The Commission shall analyze and make recommendations to the President and Congress concerning the national security and national defense policies of the United States. "(b) Matters To Be Analyzed. - Matters to be analyzed by the Commission shall include the following: "(1) The world-wide interests, goals, and objectives of the United States that are vital to the national security of the United States. "(2) The political, economic, and military developments around the world and the implications of those developments for United States national security interests, including - "(A) the developments in Eastern Europe and the Soviet Union; "(B) the question of German unification; "(C) the future of NATO and European economic integration; "(D) the future of the Pacific Basin; and "(E) potential instability resulting from regional conflicts or economic problems in the developing world. "(3) The foreign policy, world-wide commitments, and national defense capabilities of the United States necessary to deter aggression and implement the national security strategy of the United States, including the contribution that can be made by bilateral and multilateral political and economic associations in promoting interests that the United States shares with other members of the world community. "(4) The proposed short-term uses of the political, economic, military, and other elements of national power for the United States to protect or promote the interests and to achieve the goals and objectives referred to in paragraph (1). "(5) Long-term options that should be considered further for a number of potential courses of world events over the remainder of the century and into the next century. "SEC. 5. MEMBERSHIP. "(a) Number and Appointment. - The Commission shall be composed of 10 members, as follows: "(1) Three appointed by the President. "(2) Three appointed by the Speaker of the House of Representatives. "(3) One appointed by the minority leader of the House of Representatives. "(4) Two appointed by the majority leader of the Senate. "(5) One appointed by the minority leader of the Senate. "(b) Qualifications. - Persons appointed to the Commission shall be persons who are not officers or employees of the Federal Government (including Members of Congress) and who are specially qualified to serve on the Commission by virtue of their education, training, or experience. "(c) Terms. - Members shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. "(d) Basic Pay. - Members of the Commission shall serve without pay. "(e) Quorum. - A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold hearings. "(f) Chairman and Vice Chairman. - The Chairman of the Commission shall be designated by the President from among the members appointed by the President. The Vice Chairman of the Commission shall be designated by the Speaker of the House of Representatives from among the members appointed by the Speaker. "(g) Meetings. - The Commission shall meet at the call of the Chairman or a majority of its members. "(h) Deadline for Appointments. - Members of the Commission shall be appointed not later than the end of the 30-day period beginning on the date of the enactment of this Act [Nov. 5, 1990]. "SEC. 6. REPORTS. "(a) Initial Report. - The Commission shall transmit to the President and to Congress an initial report not later than six months after the date on which the Commission is first constituted with a quorum. "(b) Final Report. - The Commission shall transmit to the President and to Congress a final report one year following submission of the initial report under subsection (a). "(c) Contents of Reports. - The report under subsection (b) shall contain a detailed statement of the findings and conclusions of the Commission concerning the matters to be studied by the Commission under section 4, together with its recommendations for such legislation and administrative actions as it considers appropriate. Such report shall include a comprehensive description and discussion of the matters set forth in section 4. "(d) Reports To Be Unclassified. - Each such report shall be submitted in unclassified form. "(e) Additional and Minority Views. - Each report may include such additional and minority views as individual members of the Commission may request be included. "SEC. 7. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. "(a) Director. - The Commission shall, without regard to section 5311(b) of title 5, United States Code, have a Director who shall be appointed by the Chairman and who shall be paid at a rate not to exceed the maximum rate of basic pay payable for GS-18 of the General Schedule. "(b) Staff. - The Chairman may appoint and fix the pay of such additional personnel as the Chairman considers appropriate. "(c) Applicability of Certain Civil Service Laws. - The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for GS-18 of the General Schedule. "(d) Experts and Consultants. - Subject to such rules as may be prescribed by the Commission, the Chairman may procure temporary and intermittent services under section 3109(b) of title 5 of the United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS-18 of the General Schedule. "(e) Staff of Federal Agencies. - Upon request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties under this Act. "SEC. 8. POWERS OF COMMISSION "(a) Hearings and Sessions. - The Commission may, for the purpose of carrying out this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. "(b) Powers of Members and Agents. - Any member or agent of the Commission may, if so authorized by the Commission, take any action which the Commission is authorized to take by this section. "(c) Obtaining Official Data. - The Chairman or a designee on behalf of the Chairman may request information necessary to enable the Commission to carry out this Act directly from any department or agency of the United States. "(d) Gifts. - The Commission may accept, use, and dispose of gifts or donations of services or property. "(e) Mails. - The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. "(f) Administrative Support Services. - The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. "SEC. 9. INITIAL FUNDING OF COMMISSION. "If funds are not otherwise available for the necessary expenses of the Commission for fiscal year 1991, the Secretary of Defense shall make available to the Commission, from funds available to the Secretary for the fiscal year concerned, such funds as the Commission requires. When funds are specifically appropriated for the expenses of the Commission, the Commission shall reimburse the Secretary from such funds for any funds provided to it under the preceding sentence." [References in laws to the rates of pay for GS-16, 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, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 of Title 5.] INTELLIGENCE PRIORITIES AND REORGANIZATION Pub. L. 101-510, div. A, title IX, Sec. 907, Nov. 5, 1990, 104 Stat. 1622, provided that: "(a) Revision of Priorities and Consolidation of Functions. - The Secretary of Defense, together with the Director of Central Intelligence, shall conduct a joint review of all intelligence and intelligence-related activities in the Tactical Intelligence and Related Activities (TIARA) programs and the National Foreign Intelligence Program (NFIP). The Secretary, together with the Director, shall take the following actions with respect to those activities: "(1) In cases in which redundancy or fragmentation exist, consolidate functions, programs, organizations, and operations to improve the efficiency and effectiveness of the conduct of those intelligence activities or programs. "(2) Revise intelligence collection and analysis priorities and resource allocations to reflect changes in the international security environment. "(3) Strengthen joint intelligence functions, operations, and organizations. "(4) Improve the quality and independence of intelligence support to the weapons acquisition process. "(5) Improve the responsiveness and utility of national intelligence systems and organizations to the needs of the combatant commanders. "(b) Personnel Reductions. - (1) The number of personnel assigned or detailed to the National Foreign Intelligence Program and related Tactical Intelligence and Related Activities programs shall be reduced by not less than 5 percent of the number of such personnel described in paragraph (2) during each of fiscal years 1992 through 1996. "(2) The number of personnel referred to in paragraph (1) is the number of personnel assigned or detailed to such programs on September 30, 1990." FOREIGN INTELLIGENCE ELECTRONIC SURVEILLANCE For provisions relating to the exercise of certain authority respecting foreign intelligence electronic surveillance, see Ex. Ord. No. 12139, May 23, 1979, 44 F.R. 30311, set out under section 1802 of this title. CHANGE OF TITLES OF SECRETARY OF DEFENSE, ET AL.; REAPPOINTMENT Section 12(f) of act Aug. 10, 1949, provided in part that: "The titles of the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, the Under Secretaries and the Assistant Secretaries of the Departments of the Army, Navy, and Air Force, the Chairman of the Munitions Board, and the Chairman of the Research and Development Board, shall not be changed by virtue of this Act [see Short Title of 1949 Amendment note set out above] and the reappointment of the officials holding such titles on the effective date of this Act [Aug. 10, 1949] shall not be required." REORGANIZATION PLAN NO. 8 OF 1949 Section 12(i) of act Aug. 10, 1949, provided that: "Reorganization Plan Numbered 8 of 1949, which was transmitted to the Congress by the President on July 18, 1949 [set out in Appendix to Title 5, Government Organization and Employees] pursuant to the provisions of the Reorganization Act of 1949, shall not take effect, notwithstanding the provisions of section 6 of such Reorganization Act of 1949." -EXEC- EX. ORD. NO. 10431. NATIONAL SECURITY MEDAL Ex. Ord. No. 10431, Jan. 19, 1953, 18 F.R. 437, provided: 1. There is hereby established a medal to be known as the National Security Medal with accompanying ribbons and appurtenances. The medal and its appurtenances shall be of appropriate design, approved by the Executive Secretary of the National Security Council. 2. The National Security Medal may be awarded to any person, without regard to nationality, including members of the armed forces of the United States, for distinguished achievement or outstanding contribution on or after July 26, 1947, in the field of intelligence relating to the national security. 3. The decoration established by this order shall be awarded by the President of the United States or, under regulations approved by him, by such person or persons as he may designate. 4. No more than one National Security Medal shall be awarded to any one person, but for subsequent services justifying an award, a suitable device may be awarded to be worn with the Medal. 5. Members of the armed forces of the United States who are awarded the decoration established by this order are authorized to wear the medal and the ribbon symbolic of the award, as may be authorized by uniform regulations approved by the Secretary of Defense. 6. The decoration established by this order may be awarded posthumously. REGULATIONS GOVERNING THE AWARD OF THE NATIONAL SECURITY MEDAL Pursuant to Paragraph 2 of Executive Order 10431, the following regulations are hereby issued to govern the award of the National Security Medal: 1. The National Security Medal may be awarded to any person without regard to nationality, including a member of the Armed Forces of the United States, who, on or after 26 July 1947, has made an outstanding contribution to the National intelligence effort. This contribution may consist of either exceptionally meritorious service performed in a position of high responsibility or of an act of valor requiring personal courage of a high degree and complete disregard of personal safety. 2. The National Security Medal with accompanying ribbon and appurtenances, shall be of appropriate design to be approved by the Executive Secretary of the National Security Council. 3. The National Security Medal shall be awarded only by the President or his designee for that purpose. 4. Recommendations may be submitted to the Executive Secretary of the National Security Council by any individual having personal knowledge of the facts of the exceptionally meritorious conduct or act of valor of the candidate in the performance of outstanding services, either as an eyewitness or from the testimony of others who have personal knowledge or were eyewitnesses. Any recommendations shall be accompanied by complete documentation, including where necessary, certificates, affidavits or sworn transcripts of testimony. Each recommendation for an award shall show the exact status, at the time of the rendition of the service on which the recommendation is based, with respect to citizenship, employment, and all other material factors, of the person who is being recommended for the National Security Medal. 5. Each recommendation shall contain a draft of an appropriate citation to accompany the award of the National Security Medal. EXECUTIVE ORDER NO. 11905 Ex. Ord. No. 11905, Feb. 18, 1976, 41 F.R. 7703, as amended by Ex. Ord. No. 11985, May 13, 1977, 42 F.R. 25487; Ex. Ord. No. 11994, June 1, 1977, 42 F.R. 28869, which related to United States foreign intelligence activities, was superseded by Ex. Ord. No. 12036, Jan. 24, 1978, 43 F.R. 3674, formerly set out below. EXECUTIVE ORDER NO. 12036 Ex. Ord. No. 12036, Jan. 24, 1978, 43 F.R. 3674, as amended by Ex. Ord. No. 12139, May 23, 1979, 44 F.R. 30311, which related to United States foreign intelligence activities, was revoked by Ex. Ord. No. 12333, Dec. 4, 1981, 46 F.R. 59941, set out below. EX. ORD. NO. 12333. UNITED STATES INTELLIGENCE ACTIVITIES Ex. Ord. No. 12333, Dec. 4, 1981, 46 F.R. 59941, as amended by Ex. Ord. No. 13284, Sec. 18, Jan. 23, 2003, 68 F.R. 4077; Ex. Ord. No. 13355, Secs. 2, 3, 6, Aug. 27, 2004, 69 F.R. 53593, provided: TABLE OF CONTENTS -------------------------------------------------------------------- Preamble PART 1. GOALS, DIRECTION, DUTIES, AND RESPONSIBILITIES WITH RESPECT TO THE NATIONAL INTELLIGENCE EFFORT 1.1 Goals 1.2 The National Security Council 1.3 National Foreign Intelligence Advisory Groups 1.4 The Intelligence Community 1.5 Director of Central Intelligence 1.6 Duties and Responsibilities of the Heads of Executive Branch Departments and Agencies 1.7 Senior Officials of the Intelligence Community 1.8 The Central Intelligence Agency 1.9 The Department of State 1.10 The Department of the Treasury 1.11 The Department of Defense 1.12 Intelligence Components Utilized by the Secretary of Defense 1.13 The Department of Energy 1.14 The Federal Bureau of Investigation PART 2. CONDUCT OF INTELLIGENCE ACTIVITIES 2.1 Need 2.2 Purpose 2.3 Collection of Information 2.4 Collection Techniques 2.5 Attorney General Approval 2.6 Assistance to Law Enforcement Authorities 2.7 Contracting 2.8 Consistency With Other Laws 2.9 Undisclosed Participation in Organizations Within the United States 2.10 Human Experimentation 2.11 Prohibition on Assassination 2.12 Indirect Participation PART 3. GENERAL PROVISIONS 3.1 Congressional Oversight 3.2 Implementation 3.3 Procedures 3.4 Definitions 3.5 Purpose and Effect 3.6 Revocation -------------------------------------------------------------------- Timely and accurate information about the activities, capabilities, plans, and intentions of foreign powers, organizations, and persons, and their agents, is essential to the national security of the United States. All reasonable and lawful means must be used to ensure that the United States will receive the best intelligence available. For that purpose, by virtue of the authority vested in me by the Constitution and statutes of the United States of America, including the National Security Act of 1947, as amended (Act) [see Short Title note above], and as President of the United States of America, in order to provide for the effective conduct of United States intelligence activities and the protection of constitutional rights, it is hereby ordered as follows: -MISC3- PART 1 - GOALS, DIRECTION, DUTIES AND RESPONSIBILITIES WITH RESPECT TO THE NATIONAL INTELLIGENCE EFFORT 1.1 GOALS The United States intelligence effort shall provide the President and the National Security Council with the necessary information on which to base decisions concerning the conduct and development of foreign, defense and economic policy, and the protection of United States national interests from foreign security threats. All departments and agencies shall cooperate fully to fulfill this goal. (a) Maximum emphasis should be given to fostering analytical competition among appropriate elements of the Intelligence Community. (b) All means, consistent with applicable United States law and this Order, and with full consideration of the rights of United States persons, shall be used to develop intelligence information for the President and the National Security Council. A balanced approach between technical collection efforts and other means should be maintained and encouraged. (c) Special emphasis should be given to detecting and countering espionage and other threats and activities directed by foreign intelligence services against the United States Government, or United States corporations, establishments, or persons. (d) To the greatest extent possible consistent with applicable United States law and this Order, and with full consideration of the rights of United States persons, all agencies and departments should seek to ensure full and free exchange of information in order to derive maximum benefit from the United States intelligence effort. 1.2 THE NATIONAL SECURITY COUNCIL (a) Purpose. The National Security Council (NSC) was established by the National Security Act of 1947 [see Short Title note above] to advise the President with respect to the integration of domestic, foreign and military policies relating to the national security. The NSC shall act as the highest Executive Branch entity that provides review of, guidance for and direction to the conduct of all national foreign intelligence, counterintelligence, and special activities, and attendant policies and programs. (b) Committees. The NSC shall establish such committees as may be necessary to carry out its functions and responsibilities under this Order. The NSC, or a committee established by it, shall consider and submit to the President a policy recommendation, including all dissents, on each special activity and shall review proposals for other sensitive intelligence operations. 1.3 NATIONAL FOREIGN INTELLIGENCE ADVISORY GROUPS (a) Establishment and Duties. The Director of Central Intelligence shall establish such boards, councils, or groups as required for the purpose of obtaining advice from within the Intelligence Community concerning: (1) Production, review and coordination of national foreign intelligence; (2) Priorities for the National Foreign Intelligence Program budget; (3) Interagency exchanges of foreign intelligence information; (4) Arrangements with foreign governments and organizations on intelligence matters; (5) Protection of intelligence sources and methods; (6) Activities of common concern; and (7) Such other matters as may be referred by the Director of Central Intelligence. (b) Membership. Advisory groups established pursuant to this section shall be chaired by the Director of Central Intelligence or his designated representative and shall consist of senior representatives from organizations within the Intelligence Community and from departments or agencies containing such organizations, as designated by the Director of Central Intelligence. Groups for consideration of substantive intelligence matters will include representatives of organizations involved in the collection, processing and analysis of intelligence. A senior representative of the Secretary of Commerce, the Attorney General, the Assistant to the President for National Security Affairs, and the Office of the Secretary of Defense shall be invited to participate in any group which deals with other than substantive intelligence matters. 1.4 THE INTELLIGENCE COMMUNITY The agencies within the Intelligence Community shall, in accordance with applicable United States law and with the other provisions of this Order, conduct intelligence activities necessary for the conduct of foreign relations and the protection of the national security of the United States, including: (a) Collection of information needed by the President and, in the performance of Executive functions, the Vice President,, [sic] the National Security Council, the Secretaries of State and Defense, and other Executive Branch officials for the performance of their duties and responsibilities; (b) Production and dissemination of intelligence; (c) Collection of information concerning, and the conduct of activities to protect against, intelligence activities directed against the United States, international terrorist and international narcotics activities, and other hostile activities directed against the United States by foreign powers, organizations, persons, and their agents; (d) Special activities; (e) Administrative and support activities within the United States and abroad necessary for the performance of authorized activities; and (f) Such other intelligence activities as the President may direct from time to time. 1.5 DIRECTOR OF CENTRAL INTELLIGENCE In order to discharge the duties and responsibilities prescribed by law, the Director of Central Intelligence shall be responsible directly to the President and the NSC and shall: (a)(1) Act as the principal adviser to the President for intelligence matters related to the national security; (2) Act as the principal adviser to the National Security Council and Homeland Security Council for intelligence matters related to the national security; and (b)(1) Develop such objectives and guidance for the Intelligence Community necessary, in the Director's judgment, to ensure timely and effective collection, processing, analysis, and dissemination of intelligence, of whatever nature and from whatever source derived, concerning current and potential threats to the security of the United States and its interests, and to ensure that the National Foreign Intelligence Program (NFIP) is structured adequately to achieve these requirements; and (2) Working with the Intelligence Community, ensure that United States intelligence collection activities are integrated in: (i) collecting against enduring and emerging national security intelligence issues; (ii) maximizing the value to the national security; and (iii) ensuring that all collected data is available to the maximum extent practicable for integration, analysis, and dissemination to those who can act on, add value to, or otherwise apply it to mission needs. (c) Promote the development and maintenance of services of common concern by designated intelligence organizations on behalf of the Intelligence Community; (d) Ensure implementation of special activities; (e) Formulate policies concerning foreign intelligence and counterintelligence arrangements with foreign governments, coordinate foreign intelligence and counterintelligence relationships between agencies of the Intelligence Community and the intelligence or internal security services of foreign governments, and establish procedures governing the conduct of liaison by any department or agency with such services on narcotics activities; (f) Participate in the development of procedures approved by the Attorney General governing criminal narcotics intelligence activities abroad to ensure that these activities are consistent with foreign intelligence programs; (g)(1) Establish common security and access standards for managing and handling intelligence systems, information, and products, with special emphasis on facilitating: (A) the fullest and most prompt sharing of information practicable, assigning the highest priority to detecting, preventing, preempting, and disrupting terrorist threats against our homeland, our people, our allies, and our interests; and (B) the establishment of interface standards for an interoperable information sharing enterprise that facilitates the automated sharing of intelligence information among agencies within the Intelligence Community. (2)(A) Establish, operate, and direct national centers with respect to matters determined by the President for purposes of this subparagraph to be of the highest national security priority, with the functions of analysis and planning (including planning for diplomatic, financial, military, intelligence, homeland security, and law enforcement activities, and integration of such activities among departments and agencies) relating to such matters. (B) The countering of terrorism within the United States, or against citizens of the United States, our allies, and our interests abroad, is hereby determined to be a matter of the highest national security priority for purposes of subparagraph (2)(A) of this subsection. (3) Ensure that appropriate agencies and departments have access to and receive all-source intelligence support needed to perform independent, alternative analysis. (h) Ensure that programs are developed which protect intelligence sources, methods, and analytical procedures; (i) Establish uniform criteria for the determination of relative priorities for the transmission of critical national foreign intelligence, and advise the Secretary of Defense concerning the communications requirements of the Intelligence Community for the transmission of such intelligence; (j) Establish appropriate staffs, committees, or other advisory groups to assist in the execution of the Director's responsibilities; (k) Have full responsibility for production and dissemination of national foreign intelligence, and authority to levy analytic tasks on departmental intelligence production organizations, in consultation with those organizations, ensuring that appropriate mechanisms for competitive analysis are developed so that diverse points of view are considered fully and differences of judgment within the Intelligence Community are brought to the attention of national policymakers; (l) Ensure the timely exploitation and dissemination of data gathered by national foreign intelligence collection means, and ensure that the resulting intelligence is disseminated immediately to appropriate government entities and military commands; (m)(1) Establish policies, procedures, and mechanisms that translate intelligence objectives and priorities approved by the President into specific guidance for the Intelligence Community. (2) In accordance with objectives and priorities approved by the President, establish collection requirements for the Intelligence Community, determine collection priorities, manage collection tasking, and resolve conflicts in the tasking of national collection assets (except when otherwise directed by the President or when the Secretary of Defense exercises collection tasking authority under plans and arrangements approved by the Secretary of Defense and the Director) of the Intelligence Community. (3) Provide advisory tasking concerning collection of intelligence information to elements of the United States Government that have information collection capabilities and are not organizations within the Intelligence Community. (4) The responsibilities in subsections 1.5(m)(2) and (3) apply, to the maximum extent consistent with applicable law, whether information is to be collected inside or outside the United States. (n)(1) Develop, determine, and present with the advice of the heads of departments or agencies that have an organization within the Intelligence Community, the annual consolidated NFIP budget. The Director shall be responsible for developing an integrated and balanced national intelligence program that is directly responsive to the national security threats facing the United States. The Director shall submit such budget (accompanied by dissenting views, if any, of the head of a department or agency that has an organization within the Intelligence Community) to the President for approval; and (2) Participate in the development by the Secretary of Defense of the annual budgets for the Joint Military Intelligence Program (JMIP) and the Tactical Intelligence and Related Activities (TIARA) Program. (o)(1) Transfer, consistent with applicable law and with the approval of the Director of the Office of Management and Budget, funds from an appropriation for the NFIP to another appropriation for the NFIP or to another NFIP component; (2) Review, and approve or disapprove, consistent with applicable law, any proposal to: (i) reprogram funds within an appropriation for the NFIP; (ii) transfer funds from an appropriation for the NFIP to an appropriation that is not for the NFIP within the Intelligence Community; or (iii) transfer funds from an appropriation that is not for the NFIP within the Intelligence Community to an appropriation for the NFIP; and (3) Monitor and consult with the Secretary of Defense on reprogrammings or transfers of funds within, into, or out of, appropriations for the JMIP and the TIARA Program. (p)(1) Monitor implementation and execution of the NFIP budget by the heads of departments or agencies that have an organization within the Intelligence Community, including, as necessary, by conducting program and performance audits and evaluations; (2) Monitor implementation of the JMIP and the TIARA Program and advise the Secretary of Defense thereon; and (3) After consultation with the heads of relevant departments, report periodically, and not less often than semiannually, to the President on the effectiveness of implementation of the NFIP Program by organizations within the Intelligence Community, for which purpose the heads of departments and agencies shall ensure that the Director has access to programmatic, execution, and other appropriate information. (q) Together with the Secretary of Defense, ensure that there is no unnecessary overlap between national foreign intelligence programs and Department of Defense intelligence programs consistent with the requirement to develop competitive analysis, and provide to and obtain from the Secretary of Defense all information necessary for this purpose; (r) In accordance with law and relevant procedures approved by the Attorney General under this Order, give the heads of the departments and agencies access to all intelligence, developed by the CIA or the staff elements of the Director of Central Intelligence, relevant to the national intelligence needs of the departments and agencies; and (s) Facilitate the use of national foreign intelligence products by Congress in a secure manner. 1.6 DUTIES AND RESPONSIBILITIES OF THE HEADS OF EXECUTIVE BRANCH DEPARTMENTS AND AGENCIES (a) The heads of all departments and agencies shall: (1) Unless the Director provides otherwise, give the Director access to all foreign intelligence, counterintelligence, and national intelligence, as defined in the Act, that is relevant to transnational terrorist threats and weapons of mass destruction proliferation threats, including such relevant intelligence derived from activities of the FBI, DHS, and any other department or agency, and all other information that is related to the national security or that otherwise is required for the performance of the Director's duties, except such information that is prohibited by law, by the President, or by the Attorney General acting under this order at the direction of the President from being provided to the Director. The Attorney General shall agree to procedures with the Director pursuant to section 3(5)(B) of the Act [50 U.S.C. 401a(5)(B)] no later than 90 days after the issuance of this order that ensure the Director receives all such information; (2) support the Director in developing the NFIP; (3) ensure that any intelligence and operational systems and architectures of their departments and agencies are consistent with national intelligence requirements set by the Director and all applicable information sharing and security guidelines, and information privacy requirements; and (4) provide, to the extent permitted by law, subject to the availability of appropriations, and not inconsistent with the mission of the department or agency, such further support to the Director as the Director may request, after consultation with the head of the department or agency, for the performance of the Director's functions. (b) The heads of departments and agencies involved in the National Foreign Intelligence Program shall ensure timely development and submission to the Director of Central Intelligence by the program managers and heads of component activities of proposed national programs and budgets in the format designated by the Director of Central Intelligence, and shall also ensure that the Director of Central Intelligence is provided, in a timely and responsive manner, all information necessary to perform the Director's program and budget responsibilities. (c) The heads of departments and agencies involved in the National Foreign Intelligence Program may appeal to the President decisions by the Director of Central Intelligence on budget or reprogramming matters of the National Foreign Intelligence Program. 1.7 SENIOR OFFICIALS OF THE INTELLIGENCE COMMUNITY The heads of departments and agencies with organizations in the Intelligence Community or the heads of such organizations, as appropriate, shall: (a) Report to the Attorney General possible violations of federal criminal laws by employees and of specified federal criminal laws by any other person as provided in procedures agreed upon by the Attorney General and the head of the department or agency concerned, in a manner consistent with the protection of intelligence sources and methods, as specified in those procedures; (b) In any case involving serious or continuing breaches of security, recommend to the Attorney General that the case be referred to the FBI for further investigation; (c) Furnish the NSC, in accordance with applicable law and procedures approved by the Attorney General under this Order, the information required for the performance of its duties; (d) Report to the Intelligence Oversight Board, and keep the Director of Central Intelligence appropriately informed, concerning any intelligence activities of their organizations that they have reason to believe may be unlawful or contrary to Executive order or Presidential directive; (e) Protect intelligence and intelligence sources and methods from unauthorized disclosure consistent with guidance from the Director of Central Intelligence; (f) Disseminate intelligence to cooperating foreign governments under arrangements established or agreed to by the Director of Central Intelligence; (g) Participate in the development of procedures approved by the Attorney General governing production and dissemination of intelligence resulting from criminal narcotics intelligence activities abroad if their departments, agencies, or organizations have intelligence responsibilities for foreign or domestic narcotics production and trafficking; (h) Instruct their employees to cooperate fully with the Intelligence Oversight Board; and (i) Ensure that the Inspectors General and General Counsels for their organizations have access to any information necessary to perform their duties assigned by this Order. 1.8 THE CENTRAL INTELLIGENCE AGENCY All duties and responsibilities of the CIA shall be related to the intelligence functions set out below. As authorized by this Order; the National Security Act of 1947, as amended [see Short Title note above]; the CIA Act of 1949, as amended [probably means the Central Intelligence Agency Act of 1949, see Short Title note set out under 50 U.S.C. 403a]; appropriate directives or other applicable law, the CIA shall: (a) Collect, produce and disseminate foreign intelligence and counterintelligence, including information not otherwise obtainable. The collection of foreign intelligence or counterintelligence within the United States shall be coordinated with the FBI as required by procedures agreed upon by the Director of Central Intelligence and the Attorney General; (b) Collect, produce and disseminate intelligence on foreign aspects of narcotics production and trafficking; (c) Conduct counterintelligence activities outside the United States and, without assuming or performing any internal security functions, conduct counterintelligence activities within the United States in coordination with the FBI as required by procedures agreed upon by the Director of Central Intelligence and the Attorney General; (d) Coordinate counterintelligence activities and the collection of information not otherwise obtainable when conducted outside the United States by other departments and agencies; (e) Conduct special activities approved by the President. No agency except the CIA (or the Armed Forces of the United States in time of war declared by Congress or during any period covered by a report from the President to the Congress under the War Powers Resolution (87 Stat. 855) [50 U.S.C. 1541 et seq.]) may conduct any special activity unless the President determines that another agency is more likely to achieve a particular objective; (f) Conduct services of common concern for the Intelligence Community as directed by the NSC; (g) Carry out or contract for research, development and procurement of technical systems and devices relating to authorized functions; (h) Protect the security of its installations, activities, information, property, and employees by appropriate means, including such investigations of applicants, employees, contractors, and other persons with similar associations with the CIA as are necessary; and (i) Conduct such administrative and technical support activities within and outside the United States as are necessary to perform the functions described in sections (a) through (h) above, including procurement and essential cover and proprietary arrangements. 1.9 THE DEPARTMENT OF STATE The Secretary of State shall: (a) Overtly collect information relevant to United States foreign policy concerns; (b) Produce and disseminate foreign intelligence relating to United States foreign policy as required for the execution of the Secretary's responsibilities; (c) Disseminate, as appropriate, reports received from United States diplomatic and consular posts; (d) Transmit reporting requirements of the Intelligence Community to the Chiefs of United States Missions abroad; and (e) Support Chiefs of Missions in discharging their statutory responsibilities for direction and coordination of mission activities. 1.10 THE DEPARTMENT OF THE TREASURY AND THE DEPARTMENT OF HOMELAND SECURITY. The Secretary of the Treasury, with respect to subsections (a), (b), and (c), and the Secretary of Homeland Security with respect to subsection (d), shall: (a) Overtly collect foreign financial and monetary information; (b) Participate with the Department of State in the overt collection of general foreign economic information; (c) Produce and disseminate foreign intelligence relating to United States economic policy as required for the execution of the Secretary's responsibilities; and (d) Conduct, through the United States Secret Service, activities to determine the existence and capability of surveillance equipment being used against the President or the Vice President of the United States, the Executive Office of the President, and, as authorized by the Secretary of Homeland Security or the President, other Secret Service protectees and United States officials. No information shall be acquired intentionally through such activities except to protect against such surveillance, and those activities shall be conducted pursuant to procedures agreed upon by the Secretary of Homeland Security and the Attorney General. 1.11 THE DEPARTMENT OF DEFENSE The Secretary of Defense shall: (a) Collect national foreign intelligence and be responsive to collection tasking by the Director of Central Intelligence; (b) Collect, produce and disseminate military and military- related foreign intelligence and counterintelligence as required for execution of the Secretary's responsibilities; (c) Conduct programs and missions necessary to fulfill national, departmental and tactical foreign intelligence requirements; (d) Conduct counterintelligence activities in support of Department of Defense components outside the United States in coordination with the CIA, and within the United States in coordination with the FBI pursuant to procedures agreed upon by the Secretary of Defense and the Attorney General; (e) Conduct, as the executive agent of the United States Government, signals intelligence and communications security activities, except as otherwise directed by the NSC; (f) Provide for the timely transmission of critical intelligence, as defined by the Director of Central Intelligence, within the United States Government; (g) Carry out or contract for research, development and procurement of technical systems and devices relating to authorized intelligence functions; (h) Protect the security of Department of Defense installations, activities, property, information, and employees by appropriate means, including such investigations of applicants, employees, contractors, and other persons with similar associations with the Department of Defense as are necessary; (i) Establish and maintain military intelligence relationships and military intelligence exchange programs with selected cooperative foreign defense establishments and international organizations, and ensure that such relationships and programs are in accordance with policies formulated by the Director of Central Intelligence; (j) Direct, operate, control and provide fiscal management for the National Security Agency and for defense and military intelligence and national reconnaissance entities; and (k) Conduct such administrative and technical support activities within and outside the United States as are necessary to perform the functions described in sections (a) through (j) above. 1.12 INTELLIGENCE COMPONENTS UTILIZED BY THE SECRETARY OF DEFENSE In carrying out the responsibilities assigned in section 1.11, the Secretary of Defense is authorized to utilize the following: (a) Defense Intelligence Agency, whose responsibilities shall include: (1) Collection, production, or, through tasking and coordination, provision of military and military-related intelligence for the Secretary of Defense, the Joint Chiefs of Staff, other Defense components, and, as appropriate, non-Defense agencies; (2) Collection and provision of military intelligence for national foreign intelligence and counterintelligence products; (3) Coordination of all Department of Defense intelligence collection requirements; (4) Management of the Defense Attache system; and (5) Provision of foreign intelligence and counterintelligence staff support as directed by the Joint Chiefs of Staff. (b) National Security Agency, whose responsibilities shall include: (1) Establishment and operation of an effective unified organization for signals intelligence activities, except for the delegation of operational control over certain operations that are conducted through other elements of the Intelligence Community. No other department or agency may engage in signals intelligence activities except pursuant to a delegation by the Secretary of Defense; (2) Control of signals intelligence collection and processing activities, including assignment of resources to an appropriate agent for such periods and tasks as required for the direct support of military commanders; (3) Collection of signals intelligence information for national foreign intelligence purposes in accordance with guidance from the Director of Central Intelligence; (4) Processing of signals intelligence data for national foreign intelligence purposes in accordance with guidance from the Director of Central Intelligence; (5) Dissemination of signals intelligence information for national foreign intelligence purposes to authorized elements of the Government, including the military services, in accordance with guidance from the Director of Central Intelligence; (6) Collection, processing and dissemination of signals intelligence information for counterintelligence purposes; (7) Provision of signals intelligence support for the conduct of military operations in accordance with tasking, priorities, and standards of timeliness assigned by the Secretary of Defense. If provision of such support requires use of national collection systems, these systems will be tasked within existing guidance from the Director of Central Intelligence; (8) Executing the responsibilities of the Secretary of Defense as executive agent for the communications security of the United States Government; (9) Conduct of research and development to meet the needs of the United States for signals intelligence and communications security; (10) Protection of the security of its installations, activities, property, information, and employees by appropriate means, including such investigations of applicants, employees, contractors, and other persons with similar associations with the NSA as are necessary; (11) Prescribing, within its field of authorized operations, security regulations covering operating practices, including the transmission, handling and distribution of signals intelligence and communications security material within and among the elements under control of the Director of the NSA, and exercising the necessary supervisory control to ensure compliance with the regulations; (12) Conduct of foreign cryptologic liaison relationships, with liaison for intelligence purposes conducted in accordance with policies formulated by the Director of Central Intelligence; and (13) Conduct of such administrative and technical support activities within and outside the United States as are necessary to perform the functions described in sections (1) through (12) above, including procurement. (c) Offices for the collection of specialized intelligence through reconnaissance programs, whose responsibilities shall include: (1) Carrying out consolidated reconnaissance programs for specialized intelligence; (2) Responding to tasking in accordance with procedures established by the Director of Central Intelligence; and (3) Delegating authority to the various departments and agencies for research, development, procurement, and operation of designated means of collection. (d) The foreign intelligence and counterintelligence elements of the Army, Navy, Air Force, and Marine Corps, whose responsibilities shall include: (1) Collection, production and dissemination of military and military-related foreign intelligence and counterintelligence, and information on the foreign aspects of narcotics production and trafficking. When collection is conducted in response to national foreign intelligence requirements, it will be conducted in accordance with guidance from the Director of Central Intelligence. Collection of national foreign intelligence, not otherwise obtainable, outside the United States shall be coordinated with the CIA, and such collection within the United States shall be coordinated with the FBI; (2) Conduct of counterintelligence activities outside the United States in coordination with the CIA, and within the United States in coordination with the FBI; and (3) Monitoring of the development, procurement and management of tactical intelligence systems and equipment and conducting related research, development, and test and evaluation activities. (e) Other offices within the Department of Defense appropriate for conduct of the intelligence missions and responsibilities assigned to the Secretary of Defense. If such other offices are used for intelligence purposes, the provisions of Part 2 of this Order shall apply to those offices when used for those purposes. 1.13 THE DEPARTMENT OF ENERGY The Secretary of Energy shall: (a) Participate with the Department of State in overtly collecting information with respect to foreign energy matters; (b) Produce and disseminate foreign intelligence necessary for the Secretary's responsibilities; (c) Participate in formulating intelligence collection and analysis requirements where the special expert capability of the Department can contribute; and (d) Provide expert technical, analytical and research capability to other agencies within the Intelligence Community. 1.14 THE FEDERAL BUREAU OF INVESTIGATION Under the supervision of the Attorney General and pursuant to such regulations as the Attorney General may establish, the Director of the FBI shall: (a) Within the United States conduct counterintelligence and coordinate counterintelligence activities of other agencies within the Intelligence Community. When a counterintelligence activity of the FBI involves military or civilian personnel of the Department of Defense, the FBI shall coordinate with the Department of Defense; (b) Conduct counterintelligence activities outside the United States in coordination with the CIA as required by procedures agreed upon by the Director of Central Intelligence and the Attorney General; (c) Conduct within the United States, when requested by officials of the Intelligence Community designated by the President, activities undertaken to collect foreign intelligence or support foreign intelligence collection requirements of other agencies within the Intelligence Community, or, when requested by the Director of the National Security Agency, to support the communications security activities of the United States Government; (d) Produce and disseminate foreign intelligence and counterintelligence; and (e) Carry out or contract for research, development and procurement of technical systems and devices relating to the functions authorized above. PART 2 - CONDUCT OF INTELLIGENCE ACTIVITIES 2.1 NEED Accurate and timely information about the capabilities, intentions and activities of foreign powers, organizations, or persons and their agents is essential to informed decisionmaking in the areas of national defense and foreign relations. Collection of such information is a priority objective and will be pursued in a vigorous, innovative and responsible manner that is consistent with the Constitution and applicable law and respectful of the principles upon which the United States was founded. 2.2 PURPOSE This Order is intended to enhance human and technical collection techniques, especially those undertaken abroad, and the acquisition of significant foreign intelligence, as well as the detection and countering of international terrorist activities and espionage conducted by foreign powers. Set forth below are certain general principles that, in addition to and consistent with applicable laws, are intended to achieve the proper balance between the acquisition of essential information and protection of individual interests. Nothing in this Order shall be construed to apply to or interfere with any authorized civil or criminal law enforcement responsibility of any department or agency. 2.3 COLLECTION OF INFORMATION Agencies within the Intelligence Community are authorized to collect, retain or disseminate information concerning United States persons only in accordance with procedures established by the head of the agency concerned and approved by the Attorney General, consistent with the authorities provided by Part 1 of this Order. Those procedures shall permit collection, retention and dissemination of the following types of information: (a) Information that is publicly available or collected with the consent of the person concerned; (b) Information constituting foreign intelligence or counterintelligence, including such information concerning corporations or other commercial organizations. Collection within the United States of foreign intelligence not otherwise obtainable shall be undertaken by the FBI or, when significant foreign intelligence is sought, by other authorized agencies of the Intelligence Community, provided that no foreign intelligence collection by such agencies may be undertaken for the purpose of acquiring information concerning the domestic activities of United States persons; (c) Information obtained in the course of a lawful foreign intelligence, counterintelligence, international narcotics or international terrorism investigation; (d) Information needed to protect the safety of any persons or organizations, including those who are targets, victims or hostages of international terrorist organizations; (e) Information needed to protect foreign intelligence or counterintelligence sources or methods from unauthorized disclosure. Collection within the United States shall be undertaken by the FBI except that other agencies of the Intelligence Community may also collect such information concerning present or former employees, present or former intelligence agency contractors or their present or former employees, or applicants for any such employment or contracting; (f) Information concerning persons who are reasonably believed to be potential sources or contacts for the purpose of determining their suitability or credibility; (g) Information arising out of a lawful personnel, physical or communications security investigation; (h) Information acquired by overhead reconnaissance not directed at specific United States persons; (i) Incidentally obtained information that may indicate involvement in activities that may violate federal, state, local or foreign laws; and (j) Information necessary for administrative purposes. In addition, agencies within the Intelligence Community may disseminate information, other than information derived from signals intelligence, to each appropriate agency within the Intelligence Community for purposes of allowing the recipient agency to determine whether the information is relevant to its responsibilities and can be retained by it. 2.4 COLLECTION TECHNIQUES Agencies within the Intelligence Community shall use the least intrusive collection techniques feasible within the United States or directed against United States persons abroad. Agencies are not authorized to use such techniques as electronic surveillance, unconsented physical search, mail surveillance, physical surveillance, or monitoring devices unless they are in accordance with procedures established by the head of the agency concerned and approved by the Attorney General. Such procedures shall protect constitutional and other legal rights and limit use of such information to lawful governmental purposes. These procedures shall not authorize: (a) The CIA to engage in electronic surveillance within the United States except for the purpose of training, testing, or conducting countermeasures to hostile electronic surveillance; (b) Unconsented physical searches in the United States by agencies other than the FBI, except for: (1) Searches by counterintelligence elements of the military services directed against military personnel within the United States or abroad for intelligence purposes, when authorized by a military commander empowered to approve physical searches for law enforcement purposes, based upon a finding of probable cause to believe that such persons are acting as agents of foreign powers; and (2) Searches by CIA of personal property of non-United States persons lawfully in its possession. (c) Physical surveillance of a United States person in the United States by agencies other than the FBI, except for: (1) Physical surveillance of present or former employees, present or former intelligence agency contractors or their present or former employees, or applicants for any such employment or contracting; and (2) Physical surveillance of a military person employed by a nonintelligence element of a military service. (d) Physical surveillance of a United States person abroad to collect foreign intelligence, except to obtain significant information that cannot reasonably be acquired by other means. 2.5 ATTORNEY GENERAL APPROVAL The Attorney General hereby is delegated the power to approve the use for intelligence purposes, within the United States or against a United States person abroad, of any technique for which a warrant would be required if undertaken for law enforcement purposes, provided that such techniques shall not be undertaken unless the Attorney General has determined in each case that there is probable cause to believe that the technique is directed against a foreign power or an agent of a foreign power. Electronic surveillance, as defined in the Foreign Intelligence Surveillance Act of 1978 [50 U.S.C. 1801 et seq.], shall be conducted in accordance with that Act, as well as this Order. 2.6 ASSISTANCE TO LAW ENFORCEMENT AUTHORITIES Agencies within the Intelligence Community are authorized to: (a) Cooperate with appropriate law enforcement agencies for the purpose of protecting the employees, information, property and facilities of any agency within the Intelligence Community; (b) Unless otherwise precluded by law or this Order, participate in law enforcement activities to investigate or prevent clandestine intelligence activities by foreign powers, or international terrorist or narcotics activities; (c) Provide specialized equipment, technical knowledge, or assistance of expert personnel for use by any department or agency, or, when lives are endangered, to support local law enforcement agencies. Provision of assistance by expert personnel shall be approved in each case by the General Counsel of the providing agency; and (d) Render any other assistance and cooperation to law enforcement authorities not precluded by applicable law. 2.7 CONTRACTING Agencies within the Intelligence Community are authorized to enter into contracts or arrangements for the provision of goods or services with private companies or institutions in the United States and need not reveal the sponsorship of such contracts or arrangements for authorized intelligence purposes. Contracts or arrangements with academic institutions may be undertaken only with the consent of appropriate officials of the institution. 2.8 CONSISTENCY WITH OTHER LAWS Nothing in this Order shall be construed to authorize any activity in violation of the Constitution or statutes of the United States. 2.9 UNDISCLOSED PARTICIPATION IN ORGANIZATIONS WITHIN THE UNITED STATES No one acting on behalf of agencies within the Intelligence Community may join or otherwise participate in any organization in the United States on behalf of any agency within the Intelligence Community without disclosing his intelligence affiliation to appropriate officials of the organization, except in accordance with procedures established by the head of the agency concerned and approved by the Attorney General. Such participation shall be authorized only if it is essential to achieving lawful purposes as determined by the agency head or designee. No such participation may be undertaken for the purpose of influencing the activity of the organization or its members except in cases where: (a) The participation is undertaken on behalf of the FBI in the course of a lawful investigation; or (b) The organization concerned is composed primarily of individuals who are not United States persons and is reasonably believed to be acting on behalf of a foreign power. 2.10 HUMAN EXPERIMENTATION No agency within the Intelligence Community shall sponsor, contract for or conduct research on human subjects except in accordance with guidelines issued by the Department of Health and Human Services. The subject's informed consent shall be documented as required by those guidelines. 2.11 PROHIBITION ON ASSASSINATION No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination. 2.12 INDIRECT PARTICIPATION No agency of the Intelligence Community shall participate in or request any person to undertake activities forbidden by this Order. PART 3 - GENERAL PROVISIONS 3.1 CONGRESSIONAL OVERSIGHT The duties and responsibilities of the Director of Central Intelligence and the heads of other departments, agencies, and entities engaged in intelligence activities to cooperate with the Congress in the conduct of its responsibilities for oversight of intelligence activities shall be implemented in accordance with applicable law, including title V of the Act [50 U.S.C. 413 et seq.]. The requirements of applicable law, including title V of the Act, shall apply to all special activities as defined in this Order. 3.2 IMPLEMENTATION The NSC, the Secretary of Defense, the Attorney General, and the Director of Central Intelligence shall issue such appropriate directives and procedures as are necessary to implement this Order. Heads of agencies within the Intelligence Community shall issue appropriate supplementary directives and procedures consistent with this Order. The Attorney General shall provide a statement of reasons for not approving any procedures established by the head of an agency in the Intelligence Community other than the FBI. The National Security Council may establish procedures in instances where the agency head and the Attorney General are unable to reach agreement on other than constitutional or other legal grounds. 3.3 PROCEDURES Until the procedures required by this Order have been established, the activities herein authorized which require procedures shall be conducted in accordance with existing procedures or requirements established under Executive Order No. 12036 [formerly set out above]. Procedures required by this Order shall be established as expeditiously as possible. All procedures promulgated pursuant to this Order shall be made available to the congressional intelligence committees. 3.4 DEFINITIONS For the purposes of this Order, the following terms shall have these meanings: (a) Counterintelligence means information gathered and activities conducted to protect against espionage, other intelligence activities, sabotage, or assassinations conducted for or on behalf of foreign powers, organizations or persons, or international terrorist activities, but not including personnel, physical, document or communications security programs. (b) Electronic surveillance means acquisition of a nonpublic communication by electronic means without the consent of a person who is a party to an electronic communication or, in the case of a nonelectronic communication, without the consent of a person who is visibly present at the place of communication, but not including the use of radio direction-finding equipment solely to determine the location of a transmitter. (c) Employee means a person employed by, assigned to or acting for an agency within the Intelligence Community. (d) Foreign intelligence means information relating to the capabilities, intentions and activities of foreign powers, organizations or persons, but not including counterintelligence except for information on international terrorist activities. (e) Intelligence activities means all activities that agencies within the Intelligence Community are authorized to conduct pursuant to this Order. (f) Intelligence Community and agencies within the Intelligence Community, or organizations within the Intelligence Community refer to the following agencies or organizations: (1) The Central Intelligence Agency (CIA); (2) The National Security Agency (NSA); (3) The Defense Intelligence Agency (DIA); (4) The offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs; (5) The Bureau of Intelligence and Research of the Department of State; (6) The intelligence elements of the Army, Navy, Air Force, and Marine Corps, the Federal Bureau of Investigation (FBI), the Department of the Treasury, and the Department of Energy; (7) The staff elements of the Director of Central Intelligence; (8) The intelligence elements of the Coast Guard and those elements of the Department of Homeland Security that are supervised by the Department's Under Secretary for Information Analysis and Infrastructure Protection through the Department's Assistant Secretary for Information Analysis, with the exception of those functions that involve no analysis of foreign intelligence information; and (9) National Geospatial-Intelligence Agency[.] (g) The National Foreign Intelligence Program includes the programs listed below, but its composition shall be subject to review by the National Security Council and modification by the President: (1) The programs of the CIA; (2) The Consolidated Cryptologic Program, the General Defense Intelligence Program, and the programs of the offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance, except such elements as the Director of Central Intelligence and the Secretary of Defense agree should be excluded; (3) Other programs of agencies within the Intelligence Community designated jointly by the Director of Central Intelligence and the head of the department or by the President as national foreign intelligence or counterintelligence activities; (4) Activities of the staff elements of the Director of Central Intelligence; (5) Activities to acquire the intelligence required for the planning and conduct of tactical operations by the United States military forces are not included in the National Foreign Intelligence Program. (h) Special activities means activities conducted in support of national foreign policy objectives abroad which are planned and executed so that the role of the United States Government is not apparent or acknowledged publicly, and functions in support of such activities, but which are not intended to influence United States political processes, public opinion, policies, or media and do not include diplomatic activities or the collection and production of intelligence or related support functions. (i) United States person means a United States citizen, an alien known by the intelligence agency concerned to be a permanent resident alien, an unincorporated association substantially composed of United States citizens or permanent resident aliens, or a corporation incorporated in the United States, except for a corporation directed and controlled by a foreign government or governments. 3.5 PURPOSE AND EFFECT This Order is intended to control and provide direction and guidance to the Intelligence Community. Nothing contained herein or in any procedures promulgated hereunder is intended to confer any substantive or procedural right or privilege on any person or organization. 3.6 REVOCATION Executive Order No. 12036 of January 24, 1978, as amended, entitled "United States Intelligence Activities," is revoked. [For provisions relating to consideration of Commandant and Assistant Commandant for Intelligence of the Coast Guard as a "Senior Official of the Intelligence Community" for purposes of Ex. Ord. No. 12333, set out above, and all other relevant authorities, see Ex. Ord. No. 13286, Sec. 87, Feb. 28, 2003, 68 F.R. 10632, set out as a note under section 111 of Title 6, Domestic Security.] -EXEC- EXECUTIVE ORDER NO. 12334 Ex. Ord. No. 12334, Dec. 4, 1981, 46 F.R. 59955, as amended by Ex. Ord. No. 12701, Feb. 14, 1990, 55 F.R. 5953, which established the President's Intelligence Oversight Board, was revoked by Ex. Ord. No. 12863, Sec. 3.3, Sept. 13, 1993, 58 F.R. 48441, set out below. EX. ORD. NO. 12863. PRESIDENT'S FOREIGN INTELLIGENCE ADVISORY BOARD Ex. Ord. No. 12863, Sept. 13, 1993, 58 F.R. 48441, as amended by Ex. Ord. No. 13070, Dec. 15, 1997, 62 F.R. 66493; Ex. Ord. No. 13301, May 14, 2003, 68 F.R. 26981; Ex. Ord. No. 13376, Apr. 13, 2005, 70 F.R. 20261, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to enhance the security of the United States by improving the quality and effectiveness of intelligence available to the United States, and to assure the legality of activities of the Intelligence Community, it is ordered as follows: -MISC4- PART I. ASSESSMENT OF INTELLIGENCE ACTIVITIES Section 1.1. There is hereby established within the White House Office, Executive Office of the President, the President's Foreign Intelligence Advisory Board (PFIAB). The PFIAB shall consist of not more than 16 members, who shall serve at the pleasure of the President and shall be appointed by the President from among trustworthy and distinguished citizens outside the Government who are qualified on the basis of achievement, experience and independence. The President shall establish the terms of the members upon their appointment. To the extent practicable, one- third of the PFIAB at any one time shall be comprised of members whose term of service does not exceed 2 years. The President shall designate a Chairman and Vice Chairman from among the members. The PFIAB shall utilize full-time staff and consultants as authorized by the President. Such staff shall be headed by an Executive Director, appointed by the President. Sec. 1.2. The PFIAB shall assess the quality, quantity, and adequacy of intelligence collection, of analysis and estimates, and of counterintelligence and other intelligence activities. The PFIAB shall have the authority to review continually the performance of all agencies of the Federal Government that are engaged in the collection, evaluation, or production of intelligence or the execution of intelligence policy. The PFIAB shall further be authorized to assess the adequacy of management, personnel and organization in the intelligence agencies. The heads of departments and agencies of the Federal Government, to the extent permitted by law, shall provide the PFIAB with access to all information that the PFIAB deems necessary to carry out its responsibilities. Sec. 1.3. The PFIAB shall report directly to the President and advise him concerning the objectives, conduct, management and coordination of the various activities of the agencies of the Intelligence Community. The PFIAB shall report periodically, but at least semiannually, concerning its findings and appraisals and shall make appropriate recommendations for the improvement and enhancement of the intelligence efforts of the United States. Sec. 1.4. The PFIAB shall consider and recommend appropriate action with respect to matters, identified to the PFIAB by the Director of National Intelligence, the Central Intelligence Agency, or other Government agencies engaged in intelligence or related activities, in which the advice of the PFIAB will further the effectiveness of the national intelligence effort. With respect to matters deemed appropriate by the President, the PFIAB shall advise and make recommendations to the Director of National Intelligence, the Central Intelligence Agency, and other Government agencies engaged in intelligence and related activities, concerning ways to achieve increased effectiveness in meeting national intelligence needs. PART II. OVERSIGHT OF INTELLIGENCE ACTIVITIES Sec. 2.1. The Intelligence Oversight Board (IOB) is hereby established as a standing committee of the PFIAB. The IOB shall consist of no more than five members designated by the President from among the membership of the PFIAB. The Chairman of the PFIAB may also serve as the Chairman or a member of the IOB if so designated by the President. The IOB shall utilize such full-time staff and consultants as authorized by the Chairman of the IOB with the concurrence of the Chairman of the PFIAB. Sec. 2.2. The IOB shall: (a) prepare for the President reports of intelligence activities that the IOB believes may be unlawful or contrary to Executive order or Presidential directive; (b) forward to the Attorney General reports received concerning intelligence activities that the IOB believes may be unlawful or contrary to Executive order or Presidential directive; (c) review the internal guidelines of each agency within the Intelligence Community that concern the lawfulness of intelligence activities; (d) review the practices and procedures of the Inspectors General and General Counsel of the Intelligence Community for discovering and reporting intelligence activities that may be unlawful or contrary to Executive order or Presidential directive; and (e) conduct such investigations as the IOB deems necessary to carry out its functions under this order. Sec. 2.3. The IOB shall report to the President. The IOB shall consider and take appropriate action with respect to matters identified by the Director of National Intelligence, the Central Intelligence Agency or other agencies of the Intelligence Community. With respect to matters deemed appropriate by the President, the IOB shall advise and make appropriate recommendations to the Director of National Intelligence, the Central Intelligence Agency and other agencies of the Intelligence Community. Sec. 2.4. The heads of departments and agencies of the Intelligence Community, to the extent permitted by law, shall provide the IOB with all information that the IOB deems necessary to carry out its responsibilities. Inspectors General and General Counsel of the Intelligence Community, to the extent permitted by law, shall report to the IOB, at least on a quarterly basis and from time to time as necessary or appropriate, concerning intelligence activities that they have reason to believe may be unlawful or contrary to Executive order or Presidential directive. PART III. GENERAL PROVISIONS Sec. 3.1. Information made available to the PFIAB, or members of the PFIAB acting in their IOB capacity, shall be given all necessary security protection in accordance with applicable laws and regulations. Each member of the PFIAB, each member of the PFIAB's staff and each of the PFIAB's consultants shall execute an agreement never to reveal any classified information obtained by virtue of his or her services with the PFIAB except to the President or to such persons as the President may designate. Sec. 3.2. Members of the PFIAB shall serve without compensation but may receive transportation expenses and per diem allowance as authorized by law. Staff and consultants to the PFIAB shall receive pay and allowances as authorized by the President. Sec. 3.3. Executive Order No. 12334 of December 4, 1981, as amended, and Executive Order No. 12537 of October 28, 1985, as amended [50 U.S.C. 403 note], are revoked. Sec. 3.4. This order is intended only to improve the internal management of the executive branch of the Federal Government, and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, against the United States, its departments, agencies, or other entities, its officers or employees, or any other person. -EXEC- EX. ORD. NO. 13434. NATIONAL SECURITY PROFESSIONAL DEVELOPMENT Ex. Ord. No. 13434, May 17, 2007, 72 F.R. 28583, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to enhance the national security, it is hereby ordered as follows: Section 1. Policy. In order to enhance the national security of the United States, including preventing, protecting against, responding to, and recovering from natural and manmade disasters, such as acts of terrorism, it is the policy of the United States to promote the education, training, and experience of current and future professionals in national security positions (security professionals) in executive departments and agencies (agencies). Sec. 2. National Strategy for Professional Development. Not later than 60 days after the date of this order, the Assistant to the President for Homeland Security and Counterterrorism (APHS/CT), in coordination with the Assistant to the President for National Security Affairs (APNSA), shall submit to the President for approval a National Strategy for the Development of Security Professionals (National Strategy). The National Strategy shall set forth a framework that will provide to security professionals access to integrated education, training, and professional experience opportunities for the purpose of enhancing their mission- related knowledge, skills, and experience and thereby improve their capability to safeguard the security of the Nation. Such opportunities shall be provided across organizations, levels of government, and incident management disciplines, as appropriate. Sec. 3. Executive Steering Committee. (a) There is established the Security Professional Development Executive Steering Committee (Steering Committee), which shall facilitate the implementation of the National Strategy. Not later than 120 days after the approval of the National Strategy by the President, the Steering Committee shall submit to the APHS/CT and the APNSA an implementation plan (plan) for the National Strategy, and annually thereafter shall submit to the APHS/CT and the APNSA a status report on the implementation of the plan and any recommendations for changes to the National Strategy. (b) The Steering Committee shall consist exclusively of the following members (or their designees who shall be full-time officers or employees of the members' respective agencies): (i) the Director of the Office of Personnel Management, who shall serve as Chair; (ii) the Secretary of State; (iii) the Secretary of the Treasury; (iv) the Secretary of Defense; (v) the Attorney General; (vi) the Secretary of Agriculture; (vii) the Secretary of Labor; (viii) the Secretary of Health and Human Services; (ix) the Secretary of Housing and Urban Development; (x) the Secretary of Transportation; (xi) the Secretary of Energy; (xii) the Secretary of Education; (xiii) the Secretary of Homeland Security; (xiv) the Director of National Intelligence; (xv) the Director of the Office of Management and Budget; and (xvi) such other officers of the United States as the Chair of the Steering Committee may designate from time to time. (c) The Steering Committee shall coordinate, to the maximum extent practicable, national security professional development programs and guidance issued by the heads of agencies in order to ensure an integrated approach to such programs. (d) The Chair of the Steering Committee shall convene and preside at the meetings of the Steering Committee, set its agenda, coordinate its work, and, as appropriate to deal with particular subject matters, establish subcommittees of the Steering Committee that shall consist exclusively of members of the Steering Committee (or their designees under subsection (b) of this section), and such other full-time or permanent part-time officers or employees of the Federal Government as the Chair may designate. Sec. 4. Responsibilities. The head of each agency with national security functions shall: (a) identify and enhance existing national security professional development programs and infrastructure, and establish new programs as necessary, in order to fulfill their respective missions to educate, train, and employ security professionals consistent with the National Strategy and, to the maximum extent practicable, the plan and related guidance from the Steering Committee; and (b) cooperate with the Steering Committee and provide such information, support, and assistance as the Chair of the Steering Committee may request from time to time. Sec. 5. Additional Responsibilities. (a) Except for employees excluded by law, and subject to subsections (b), (c), and (d) of this section, the Director of the Office of Personnel Management, after consultation with the Steering Committee, shall: (i) consistent with applicable merit-based hiring and advancement principles, lead the establishment of a national security professional development program in accordance with the National Strategy and the plan that provides for interagency and intergovernmental assignments and fellowship opportunities and provides for professional development guidelines for career advancement; and (ii) issue to agencies rules and guidance or apply existing rules and guidance relating to the establishment of national security professional development programs to implement the National Strategy and the plan; (b) The Secretary of Defense shall issue rules or guidance on professional development programs for Department of Defense military personnel, including interagency and intergovernmental assignments and fellowship opportunities, to implement the National Strategy and the plan, as appropriate, and shall coordinate such programs, to the maximum extent practicable, with the Steering Committee; (c) The Secretary of State shall issue rules or guidance on national security professional development programs for the Foreign Service, including interagency and intergovernmental exchanges and fellowship opportunities, to implement the National Strategy and the plan, as appropriate, and shall coordinate such programs, to the maximum extent practicable, with the Steering Committee; (d) The Director of National Intelligence, in coordination with the heads of agencies of which elements of the intelligence community are a part, shall issue rules or guidance on national security professional development programs for the intelligence community, including interagency and intergovernmental assignments and fellowship opportunities, to implement the National Strategy and the plan, as appropriate, and shall coordinate such programs, to the maximum extent practicable, with the Steering Committee; and (e) The Secretary of Homeland Security shall develop a program to provide to Federal, State, local, and tribal government officials education in disaster preparedness, response, and recovery plans and authorities, and training in crisis decision-making skills, consistent with applicable presidential guidance. Sec. 6. General Provisions. This order: (a) shall be implemented consistent with applicable law and authorities of agencies, or heads of agencies, vested by law, and subject to the availability of appropriations; (b) shall not be construed to impair or otherwise affect the authorities of any agency, instrumentality, officer, or employee of the United States under applicable law, including the functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals, or the functions assigned by the President to the Director of the Office of Personnel Management; and (c) is not intended to, and does not, create any right, benefit, or privilege, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies, instrumentalities, or entities, its officers or employees, or any other person. George W. Bush. EFFECTIVE DATES OF PROVISIONS IN TITLE I OF THE INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004 Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, provided: Memorandum for the Secretary of State[,] the Secretary of the Treasury[,] the Secretary of Defense[,] the Attorney General[,] the Secretary of Energy[,] the Secretary of Homeland Security[,] the Director of the Office of Management and Budget[, and] the Director of National Intelligence Subsection 1097(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458, December 17, 2004) (the Act) [set out in a note above] provides: (a) IN GENERAL- Except as otherwise expressly provided in this Act, this title and the amendments made by this title shall take effect not later than 6 months after the date of the enactment of this Act. Subsection 1097(a) clearly contemplates that one or more of the provisions in Title I of the Act may take effect earlier than the date that is 6 months after the date of enactment of the Act, but does not state explicitly the mechanism for determining when such earlier effect shall occur, leaving it to the President in the execution of the Act. Moreover, given that section 1097(a) evinces a legislative intent to afford the President flexibility, and such flexibility is constitutionally appropriate with respect to intelligence matters (see United States v. Curtiss-Wright Export Corporation, 299 U.S. 304 (1936)), the executive branch shall construe section 1097(a) to authorize the President to select different effective dates that precede the 6-month deadline for different provisions in Title I. Therefore, pursuant to the Constitution and the laws of the United States of America, including subsection 1097(a) of the Act, I hereby determine and direct: 1. Sections 1097(a) and 1103 of the Act [set out in notes above], relating respectively to effective dates of provisions and to severability, shall take effect immediately upon the signing of this memorandum to any extent that they have not already taken effect. 2. Provisions in Title I of the Act other than those addressed in numbered paragraph 1 of this memorandum shall take effect immediately upon the signing of this memorandum, except: (a) any provision in Title I of the Act for which the Act expressly provides the date on which the provision shall take effect; and (b) sections 1021 and 1092 of the Act [enacting section 404o of this title and provisions set out in a note above, respectively], relating to the National Counterterrorism Center. The taking of effect of a provision pursuant to section 1097(a) of the Act and this memorandum shall not affect the construction of such provision by the executive branch as set forth in my Statement of December 17, 2004, upon signing the Act into law. The Director of the Office of Management and Budget is authorized and directed to publish this memorandum in the Federal Register. George W. Bush. -End- -CITE- 50 USC Sec. 401a 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY -HEAD- Sec. 401a. Definitions -STATUTE- As used in this Act: (1) The term "intelligence" includes foreign intelligence and counterintelligence. (2) The term "foreign intelligence" means information relating to the capabilities, intentions, or activities of foreign governments or elements thereof, foreign organizations, or foreign persons, or international terrorist activities. (3) The term "counterintelligence" means information gathered, and activities conducted, to protect against espionage, other intelligence activities, sabotage, or assassinations conducted by or on behalf of foreign governments or elements thereof, foreign organizations, or foreign persons, or international terrorist activities. (4) The term "intelligence community" includes the following: (A) The Office of the Director of National Intelligence. (B) The Central Intelligence Agency. (C) The National Security Agency. (D) The Defense Intelligence Agency. (E) The National Geospatial-Intelligence Agency. (F) The National Reconnaissance Office. (G) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs. (H) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Federal Bureau of Investigation, and the Department of Energy. (I) The Bureau of Intelligence and Research of the Department of State. (J) The Office of Intelligence and Analysis of the Department of the Treasury. (K) The elements of the Department of Homeland Security concerned with the analysis of intelligence information, including the Office of Intelligence of the Coast Guard. (L) Such other elements of any other department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community. (5) The terms "national intelligence" and "intelligence related to national security" refer to all intelligence, regardless of the source from which derived and including information gathered within or outside the United States, that - (A) pertains, as determined consistent with any guidance issued by the President, to more than one United States Government agency; and (B) that involves - (i) threats to the United States, its people, property, or interests; (ii) the development, proliferation, or use of weapons of mass destruction; or (iii) any other matter bearing on United States national or homeland security. (6) The term "National Intelligence Program" refers to all programs, projects, and activities of the intelligence community, as well as any other programs of the intelligence community designated jointly by the Director of Central Intelligence and the head of a United States department or agency or by the President. Such term does not include programs, projects, or activities of the military departments to acquire intelligence solely for the planning and conduct of tactical military operations by United States Armed Forces. (7) The term "congressional intelligence committees" means - (A) the Select Committee on Intelligence of the Senate; and (B) the Permanent Select Committee on Intelligence of the House of Representatives. -SOURCE- (July 26, 1947, ch. 343, Sec. 3, as added Pub. L. 102-496, title VII, Sec. 702, Oct. 24, 1992, 106 Stat. 3188; amended Pub. L. 103- 359, title V, Sec. 501(a)(1), Oct. 14, 1994, 108 Stat. 3428; Pub. L. 104-201, div. A, title XI, Sec. 1122(b)(1), Sept. 23, 1996, 110 Stat. 2687; Pub. L. 107-56, title IX, Sec. 902, Oct. 26, 2001, 115 Stat. 387; Pub. L. 107-108, title I, Sec. 105, Dec. 28, 2001, 115 Stat. 1397; Pub. L. 107-296, title II, Sec. 201(h), Nov. 25, 2002, 116 Stat. 2149; Pub. L. 107-306, title III, Sec. 353(a), Nov. 27, 2002, 116 Stat. 2401; Pub. L. 108-136, div. A, title IX, Sec. 921(e)(1), Nov. 24, 2003, 117 Stat. 1569; Pub. L. 108-177, title I, Sec. 105(d)(1), Dec. 13, 2003, 117 Stat. 2603; Pub. L. 108-458, title I, Secs. 1012, 1073, 1074(a), Dec. 17, 2004, 118 Stat. 3662, 3693, 3694.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means act July 26, 1947, ch. 343, 61 Stat. 495, as amended, known as the National Security Act of 1947. For complete classification of this Act to the Code, see Short Title note set out under section 401 of this title and Tables. -MISC1- AMENDMENTS 2004 - Par. (4). Pub. L. 108-458, Sec. 1073, amended par. (4) generally, substituting provisions defining "intelligence community" as including the Office of the Director of National Intelligence and other entities for provisions defining "intelligence community" as including the Office of the Director of Central Intelligence and other entities. Par. (5). Pub. L. 108-458, Sec. 1012, amended par. (5) generally. Prior to amendment, par. (5) read as follows: "The terms 'national intelligence' and 'intelligence related to the national security' - "(A) each refer to intelligence which pertains to the interests of more than one department or agency of the Government; and "(B) do not refer to counterintelligence or law enforcement activities conducted by the Federal Bureau of Investigation except to the extent provided for in procedures agreed to by the Director of Central Intelligence and the Attorney General, or otherwise as expressly provided for in this title." Par. (6). Pub. L. 108-458, Sec. 1074(a), struck out "Foreign" before "Intelligence Program". 2003 - Par. (4)(E). Pub. L. 108-136 substituted "National Geospatial-Intelligence Agency" for "National Imagery and Mapping Agency". Par. (4)(H). Pub. L. 108-177, Sec. 105(d)(1)(A), struck out "the Department of the Treasury," after "the Federal Bureau of Investigation,". Par. (4)(J) to (L). Pub. L. 108-177, Sec. 105(d)(1)(B), (C), added subpar. (J) and redesignated former subpars. (J) and (K) as (K) and (L), respectively. 2002 - Par. (4)(J), (K). Pub. L. 107-296 added subpar. (J) and redesignated former subpar. (J) as (K). Par. (7). Pub. L. 107-306 added par. (7). 2001 - Par. (2). Pub. L. 107-56, Sec. 902(1), inserted ", or international terrorist activities" before period at end. Par. (3). Pub. L. 107-56, Sec. 902(2), substituted ", and activities conducted," for "and activities conducted". Par. (4)(H). Pub. L. 107-108 struck out "and" before "the Department of Energy" and inserted ", and the Coast Guard" before semicolon. 1996 - Par. (4)(E). Pub. L. 104-201 substituted "National Imagery and Mapping Agency" for "Central Imagery Office". 1994 - Par. (4)(E). Pub. L. 103-359 substituted "the Central Imagery Office" for "the central imagery authority within the Department of Defense". -CHANGE- CHANGE OF NAME Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note under section 401 of this title. -MISC2- EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108-458 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 401 of this title. Amendment by Pub. L. 108-458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108-458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of this title. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296, set out as an Effective Date note under section 101 of Title 6, Domestic Security. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section 1124 of Pub. L. 104-201, set out as a note under section 193 of Title 10, Armed Forces. -TRANS- AUTHORITY OF SECRETARY OF STATE Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of Title 22, Foreign Relations and Intercourse, and section 161(d) of Pub. L. 103-236, set out as a note under section 2651a of Title 22. -End- -CITE- 50 USC SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -End- -CITE- 50 USC Sec. 402 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 402. National Security Council -STATUTE- (a) Establishment; presiding officer; functions; composition There is established a council to be known as the National Security Council (hereinafter in this section referred to as the "Council"). The President of the United States shall preside over meetings of the Council: Provided, That in his absence he may designate a member of the Council to preside in his place. The function of the Council shall be to advise the President with respect to the integration of domestic, foreign, and military policies relating to the national security so as to enable the military services and the other departments and agencies of the Government to cooperate more effectively in matters involving the national security. The Council shall be composed of - (1) the President; (2) the Vice President; (3) the Secretary of State; (4) the Secretary of Defense; (5) the Secretary of Energy; (6) the Director for Mutual Security; (7) the Chairman of the National Security Resources Board; and (8) the Secretaries and Under Secretaries of other executive departments and of the military departments, the Chairman of the Munitions Board, and the Chairman of the Research and Development Board, when appointed by the President by and with the advice and consent of the Senate, to serve at his pleasure. (b) Additional functions In addition to performing such other functions as the President may direct, for the purpose of more effectively coordinating the policies and functions of the departments and agencies of the Government relating to the national security, it shall, subject to the direction of the President, be the duty of the Council - (1) to assess and appraise the objectives, commitments, and risks of the United States in relation to our actual and potential military power, in the interest of national security, for the purpose of making recommendations to the President in connection therewith; and (2) to consider policies on matters of common interest to the departments and agencies of the Government concerned with the national security, and to make recommendations to the President in connection therewith. (c) Executive secretary; appointment; staff employees The Council shall have a staff to be headed by a civilian executive secretary who shall be appointed by the President. The executive secretary, subject to the direction of the Council, is authorized, subject to the civil-service laws and chapter 51 and subchapter III of chapter 53 of title 5, to appoint and fix the compensation of such personnel as may be necessary to perform such duties as may be prescribed by the Council in connection with the performance of its functions. (d) Recommendations and reports The Council shall, from time to time, make such recommendations, and such other reports to the President as it deems appropriate or as the President may require. (e) Participation of Chairman or Vice Chairman of Joint Chiefs of Staff The Chairman (or in his absence the Vice Chairman) of the Joint Chiefs of Staff may, in his role as principal military adviser to the National Security Council and subject to the direction of the President, attend and participate in meetings of the National Security Council. (f) Participation by Director of National Drug Control Policy The Director of National Drug Control Policy may, in the role of the Director as principal adviser to the National Security Council on national drug control policy, and subject to the direction of the President, attend and participate in meetings of the National Security Council. (g) Board for Low Intensity Conflict The President shall establish within the National Security Council a board to be known as the "Board for Low Intensity Conflict". The principal function of the board shall be to coordinate the policies of the United States for low intensity conflict. (h) Committee on Foreign Intelligence (1) There is established within the National Security Council a committee to be known as the Committee on Foreign Intelligence (in this subsection referred to as the "Committee"). (2) The Committee shall be composed of the following: (A) The Director of National Intelligence. (B) The Secretary of State. (C) The Secretary of Defense. (D) The Assistant to the President for National Security Affairs, who shall serve as the chairperson of the Committee. (E) Such other members as the President may designate. (3) The function of the Committee shall be to assist the Council in its activities by - (A) identifying the intelligence required to address the national security interests of the United States as specified by the President; (B) establishing priorities (including funding priorities) among the programs, projects, and activities that address such interests and requirements; and (C) establishing policies relating to the conduct of intelligence activities of the United States, including appropriate roles and missions for the elements of the intelligence community and appropriate targets of intelligence collection activities. (4) In carrying out its function, the Committee shall - (A) conduct an annual review of the national security interests of the United States; (B) identify on an annual basis, and at such other times as the Council may require, the intelligence required to meet such interests and establish an order of priority for the collection and analysis of such intelligence; and (C) conduct an annual review of the elements of the intelligence community in order to determine the success of such elements in collecting, analyzing, and disseminating the intelligence identified under subparagraph (B). (5) The Committee shall submit each year to the Council and to the Director of National Intelligence a comprehensive report on its activities during the preceding year, including its activities under paragraphs (3) and (4). (i) Committee on Transnational Threats (1) There is established within the National Security Council a committee to be known as the Committee on Transnational Threats (in this subsection referred to as the "Committee"). (2) The Committee shall include the following members: (A) The Director of National Intelligence. (B) The Secretary of State. (C) The Secretary of Defense. (D) The Attorney General. (E) The Assistant to the President for National Security Affairs, who shall serve as the chairperson of the Committee. (F) Such other members as the President may designate. (3) The function of the Committee shall be to coordinate and direct the activities of the United States Government relating to combatting transnational threats. (4) In carrying out its function, the Committee shall - (A) identify transnational threats; (B) develop strategies to enable the United States Government to respond to transnational threats identified under subparagraph (A); (C) monitor implementation of such strategies; (D) make recommendations as to appropriate responses to specific transnational threats; (E) assist in the resolution of operational and policy differences among Federal departments and agencies in their responses to transnational threats; (F) develop policies and procedures to ensure the effective sharing of information about transnational threats among Federal departments and agencies, including law enforcement agencies and the elements of the intelligence community; and (G) develop guidelines to enhance and improve the coordination of activities of Federal law enforcement agencies and elements of the intelligence community outside the United States with respect to transnational threats. (5) For purposes of this subsection, the term "transnational threat" means the following: (A) Any transnational activity (including international terrorism, narcotics trafficking, the proliferation of weapons of mass destruction and the delivery systems for such weapons, and organized crime) that threatens the national security of the United States. (B) Any individual or group that engages in an activity referred to in subparagraph (A). (j) Participation of Director of National Intelligence The Director of National Intelligence (or, in the Director's absence, the Principal Deputy Director of National Intelligence) may, in the performance of the Director's duties under this Act and subject to the direction of the President, attend and participate in meetings of the National Security Council. (k) Special Adviser to the President on International Religious Freedom It is the sense of the Congress that there should be within the staff of the National Security Council a Special Adviser to the President on International Religious Freedom, whose position should be comparable to that of a director within the Executive Office of the President. The Special Adviser should serve as a resource for executive branch officials, compiling and maintaining information on the facts and circumstances of violations of religious freedom (as defined in section 6402 of title 22), and making policy recommendations. The Special Adviser should serve as liaison with the Ambassador at Large for International Religious Freedom, the United States Commission on International Religious Freedom, Congress and, as advisable, religious nongovernmental organizations. (l) Participation of Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism The United States Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism (or, in the Coordinator's absence, the Deputy United States Coordinator) may, in the performance of the Coordinator's duty as principal advisor to the President on all matters relating to the prevention of weapons of mass destruction proliferation and terrorism, and, subject to the direction of the President, attend and participate in meetings of the National Security Council and the Homeland Security Council. -SOURCE- (July 26, 1947, ch. 343, title I, Sec. 101, 61 Stat. 496; Aug. 10, 1949, ch. 412, Sec. 3, 63 Stat. 579; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; Oct. 10, 1951, ch. 479, title V, Sec. 501(e)(1), 65 Stat. 378; Pub. L. 99-433, title II, Sec. 203, Oct. 1, 1986, 100 Stat. 1011; Pub. L. 99-500, Sec. 101(c) [title IX, Sec. 9115(f)], Oct. 18, 1986, 100 Stat. 1783-82, 1783-125, and Pub. L. 99-591, Sec. 101(c) [title IX, Sec. 9115(f)], Oct. 30, 1986, 100 Stat. 3341-82, 3341-125; Pub. L. 99-661, div. A, title XIII, Sec. 1311(f), Nov. 14, 1986, 100 Stat. 3986; Pub. L. 100-690, title I, Sec. 1003(a)(3), Nov. 18, 1988, 102 Stat. 4182; Pub. L. 102-496, title VII, Sec. 703, Oct. 24, 1992, 106 Stat. 3189; Pub. L. 104-293, title VIII, Secs. 802, 804, Oct. 11, 1996, 110 Stat. 3474, 3476; Pub. L. 105-277, div. C, title VII, Sec. 713(b), Oct. 21, 1998, 112 Stat. 2681-693; Pub. L. 105-292, title III, Sec. 301, Oct. 27, 1998, 112 Stat. 2800; Pub. L. 108-458, title I, Secs. 1071(a)(1)(A)-(D), 1072(a)(1), Dec. 17, 2004, 118 Stat. 3689, 3692; Pub. L. 110-53, title XVIII, Sec. 1841(g), Aug. 3, 2007, 121 Stat. 500; Pub. L. 110-140, title IX, Sec. 932, Dec. 19, 2007, 121 Stat. 1740.) -REFTEXT- REFERENCES IN TEXT The civil-service laws, referred to in subsec. (c), are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. This Act, referred to in subsec. (j), means act July 26, 1947, ch. 343, 61 Stat. 495, as amended, known as the National Security Act of 1947. For complete classification of this Act to the Code, see Short Title note set out under section 401 of this title and Tables. -COD- CODIFICATION Pub. L. 99-591 is a corrected version of Pub. L. 99-500. In subsec. (c), provisions that specified compensation of $10,000 per year for the executive secretary to the Council were omitted. Section 304(b) of Pub. L. 88-426 amended section 105 of Title 3, The President, to include the executive secretary of the Council among those whose compensation was authorized to be fixed by the President. Section 1(a) of Pub. L. 95-570 further amended section 105 of Title 3 to authorize the President to appoint and fix the pay of the employees of the White House Office subject to certain provisions. In subsec. (c), "chapter 51 and subchapter III of chapter 53 of title 5" substituted for "the Classification Act of 1949, as amended" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. -MISC1- AMENDMENTS 2007 - Subsec. (a)(5) to (8). Pub. L. 110-140 added par. (5) and redesignated former pars. (5) to (7) as (6) to (8), respectively. Subsecs. (i), (k). Pub. L. 110-53, Sec. 1841(g)(1), redesignated subsec. (i), relating to Special Adviser to the President on International Religious Freedom, as (k). Subsec. (l). Pub. L. 110-53, Sec. 1841(g)(2), added subsec. (l). 2004 - Subsec. (h)(2)(A). Pub. L. 108-458, Sec. 1071(a)(1)(A), substituted "Director of National Intelligence" for "Director of Central Intelligence". Subsec. (h)(5). Pub. L. 108-458, Sec. 1071(a)(1)(B), substituted "Director of National Intelligence" for "Director of Central Intelligence". Subsec. (i)(2)(A). Pub. L. 108-458, Sec. 1071(a)(1)(C), substituted "Director of National Intelligence" for "Director of Central Intelligence". Subsec. (j). Pub. L. 108-458, Sec. 1072(a)(1), substituted "Principal Deputy Director of National Intelligence" for "Deputy Director of Central Intelligence". Pub. L. 108-458, Sec. 1071(a)(1)(D), substituted "Director of National Intelligence" for "Director of Central Intelligence". 1998 - Subsecs. (f), (g). Pub. L. 105-277 added subsec. (f) and redesignated former subsec. (f) as (g). Subsec. (i). Pub. L. 105-292 added subsec. (i) relating to Special Adviser to the President on International Religious Freedom. 1996 - Subsec. (h). Pub. L. 104-293, Sec. 802(2), added subsec. (h). Former subsec. (h) redesignated (j). Subsec. (i). Pub. L. 104-293, Sec. 804, added subsec. (i). Subsec. (j). Pub. L. 104-293, Sec. 802(1), redesignated subsec. (h) as (j). 1992 - Subsec. (h). Pub. L. 102-496 added subsec. (h). 1988 - Subsecs. (f), (g). Pub. L. 100-690, Secs. 1003(a)(3), 1009, temporarily added subsec. (f), relating to participation by Director of National Drug Control Policy in meetings of National Security Council, and redesignated former subsec. (f) as (g). See Effective and Termination Dates of 1988 Amendment note below. 1986 - Subsec. (e). Pub. L. 99-433 added subsec. (e). Subsec. (f). Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661 amended section identically adding subsec. (f). 1951 - Subsec. (a). Act Oct. 10, 1951, inserted cl. (5) relating to Director for Mutual Security, in fourth paragraph, and renumbered former cls. (5) and (6) thereof as cls. (6) and (7), respectively. 1949 - Subsec. (a). Act Aug. 10, 1949, added the Vice President to the Council, removed the Secretaries of the military departments, to authorize the President to add, with the consent of the Senate, Secretaries and Under Secretaries of other executive departments and of the military department, and the Chairmen of the Munitions Board and the Research and Development Board. Subsec. (c). Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923, as amended". EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110-140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110-140, set out as an Effective Date note under section 1824 of Title 2, The Congress. EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108-458 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 401 of this title. Amendment by Pub. L. 108-458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108-458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of this title. EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT Amendment by Pub. L. 100-690 effective Jan. 21, 1989, and repealed on Sept. 30, 1997, see sections 1012 and 1009, respectively, of Pub. L. 100-690. REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966, Sec. 8, 80 Stat. 632, 655. -TRANS- TRANSFER OF FUNCTIONS Office of Director for Mutual Security abolished and functions of Director, including those as a member of National Security Council, transferred to Director of Foreign Operations Administration by Reorg. Plan No. 7 of 1953, eff. Aug. 1, 1953, 18 F.R. 4541, set out in the Appendix to Title 5, Government Organization and Employees. Foreign Operations Administration abolished by Ex. Ord. No. 10610, May 9, 1955, 20 F.R. 3179, and its functions and offices transferred to Department of State to be administered by International Cooperation Administration. For later transfer, see section 2381 of Title 22, Foreign Relations and Intercourse, and notes set out under that section. National Security Resources Board, together with Office of Chairman, abolished by section 6 of Reorg. Plan No. 3 of 1953, eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634, set out under section 404 of this title. Functions of Chairman with limited exception, including his functions as a member of National Security Council transferred to Office of Defense Mobilization by section 2(a) of Reorg. Plan No. 3 of 1953. Functions of Director of Office of Defense Mobilization with respect to being a member of National Security Council transferred to Director of Office of Civil and Defense Mobilization by Reorg. Plan No. 1 of 1958, Sec. 4, eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799, as amended by Pub. L. 85- 763, Aug. 26, 1958, 72 Stat. 861, set out as a note under section 5195 of Title 42, The Public Health and Welfare. For subsequent transfers to Office of Emergency Planning, Office of Emergency Preparedness, and President, see Transfer of Functions notes set out under section 404 of this title. Munitions Board, together with office of Chairman, abolished by section 2 of Reorg. Plan No. 6 of 1953, eff. June 30, 1953, 18 F.R. 3743, 67 Stat. 638, set out in the Appendix to Title 5, Government Organization and Employees. All functions vested in Munitions Board transferred to Secretary of Defense by section 1(a) of Reorg. Plan No. 6 of 1953. Research and Development Board, together with office of Chairman, abolished by section 2 of Reorg. Plan No. 6 of 1953, eff. June 30, 1953, 18 F.R. 3743, 67 Stat. 638, set out in the Appendix to Title 5, Government Organization and Employees. Functions vested in Board transferred to Secretary of Defense by section 1(a) of Reorg. Plan No. 6 of 1953. National Security Council, together with its functions, records, property, personnel, and unexpended balances of appropriations, allocations, and other funds (available or to be made available) transferred to Executive Office of President by Reorg. Plan No. 4 of 1949, eff. Aug. 20, 1949, 14 F.R. 5227, 63 Stat. 1067, set out in the Appendix to Title 5, Government Organization and Employees. -MISC2- RULE OF CONSTRUCTION FOR DUPLICATE AUTHORIZATION AND APPROPRIATION PROVISIONS OF PUBLIC LAWS 99-500, 99-591, AND 99-661 For rule of construction for certain duplicate provisions of Public Laws 99-500, 99-591, and 99-661, see section 6 of Pub. L. 100-26, set out as a note under section 2302 of Title 10, Armed Forces. SECTION AS UNAFFECTED BY REPEALS Repeals by section 542(a) of Mutual Security Act of 1954 did not repeal amendment to this section by act Oct. 10, 1951. PILOT PROGRAM ON CRYPTOLOGIC SERVICE TRAINING Pub. L. 108-375, div. A, title IX, Sec. 922, Oct. 28, 2004, 118 Stat. 2029, provided that: "(a) Program Authorized. - The Director of the National Security Agency may carry out a pilot program on cryptologic service training for the intelligence community. "(b) Objective of Program. - The objective of the pilot program is to increase the number of qualified entry-level language analysts and intelligence analysts available to the National Security Agency and the other elements of the intelligence community through the directed preparation and recruitment of qualified entry-level language analysts and intelligence analysts who commit to a period of service or a career in the intelligence community. "(c) Program Scope. - The pilot program shall be national in scope. "(d) Program Participants. - (1) Subject to the provisions of this subsection, the Director shall select the participants in the pilot program from among individuals qualified to participate in the pilot program utilizing such procedures as the Director considers appropriate for purposes of the pilot program. "(2) Each individual who receives financial assistance under the pilot program shall perform one year of obligated service with the National Security Agency, or another element of the intelligence community approved by the Director, for each academic year for which such individual receives such financial assistance upon such individual's completion of post-secondary education. "(3) Each individual selected to participate in the pilot program shall be qualified for a security clearance appropriate for the individual under the pilot program. "(4) The total number of participants in the pilot program at any one time may not exceed 400 individuals. "(e) Program Management. - In carrying out the pilot program, the Director shall - "(1) identify individuals interested in working in the intelligence community, and committed to taking college-level courses that will better prepare them for a career in the intelligence community as a language analyst or intelligence analyst; "(2) provide each individual selected for participation in the pilot program - "(A) financial assistance for the pursuit of courses at institutions of higher education selected by the Director in fields of study that will qualify such individual for employment by an element of the intelligence community as a language analyst or intelligence analyst; and "(B) educational counseling on the selection of courses to be so pursued; and "(3) provide each individual so selected information on the opportunities available for employment in the intelligence community. "(f) Duration of Program. - (1) The Director shall terminate the pilot program not later than six years after the date of the enactment of this Act [Oct. 28, 2004]. "(2) The termination of the pilot program under paragraph (1) shall not prevent the Director from continuing to provide assistance, counseling, and information under subsection (e) to individuals who are participating in the pilot program on the date of termination of the pilot program throughout the academic year in progress as of that date." NATIONAL SECURITY AGENCY ACT OF 1959 Pub. L. 86-36, May 29, 1959, 73 Stat. 63, as amended by Pub. L. 87-367, title II, Secs. 201, 204, Oct. 4, 1961, 75 Stat. 789, 791; Pub. L. 87-793, Sec. 1001(c), Oct. 11, 1962, 76 Stat. 864; Sept. 23, 1950, ch. 1024, title III, Sec. 306(a), as added Mar. 26, 1964, Pub. L. 88-290, 78 Stat. 170; Aug. 14, 1964, Pub. L. 88-426, title III, Sec. 306(h), 78 Stat. 430; Oct. 6, 1964, Pub. L. 88-631, Sec. 3(d), 78 Stat. 1008; Sept. 6, 1966, Pub. L. 89-554, Sec. 8(a), 80 Stat. 660; Oct. 8, 1966, Pub. L. 89-632, Sec. 1(e), 80 Stat. 878; Pub. L. 91-187, Sec. 2, Dec. 30, 1969, 83 Stat. 850; Pub. L. 96- 450, title IV, Sec. 402(a), Oct. 14, 1980, 94 Stat. 1977; Pub. L. 97-89, title VI, Secs. 601-603, Dec. 4, 1981, 95 Stat. 1154-1156, eff. Oct. 1, 1981; Pub. L. 99-335, title V, Sec. 507(a), June 6, 1986, 100 Stat. 628; Pub. L. 99-569, title V, Sec. 505, Oct. 27, 1986, 100 Stat. 3200; Pub. L. 101-193, title V, Sec. 505(b), Nov. 30, 1989, 103 Stat. 1709; Pub. L. 101-194, title V, Sec. 506(c)(2), Nov. 30, 1989, 103 Stat. 1759; Pub. L. 102-88, title V, Sec. 503, Aug. 14, 1991, 105 Stat. 436; Pub. L. 102-183, title IV, Sec. 405, Dec. 4, 1991, 105 Stat. 1267; Pub. L. 102-496, title III, Sec. 304(a), title IV, Sec. 405, title VIII, Sec. 803(b), Oct. 24, 1992, 106 Stat. 3183, 3186, 3253; Pub. L. 103-359, title VIII, Sec. 806(b)(2), Oct. 14, 1994, 108 Stat. 3442; Pub. L. 104-106, div. A, title X, Sec. 1064(b), Feb. 10, 1996, 110 Stat. 445; Pub. L. 104- 201, div. A, title XVI, Sec. 1633(b)(1), Sept. 23, 1996, 110 Stat. 2751; Pub. L. 107-108, title V, Sec. 506, Dec. 28, 2001, 115 Stat. 1406; Pub. L. 107-306, title VIII, Sec. 841(f), Nov. 27, 2002, 116 Stat. 2432; Pub. L. 108-177, title III, Sec. 377(c), title V, Sec. 501, Dec. 13, 2003, 117 Stat. 2630, 2633; Pub. L. 108-487, title V, Sec. 501, Dec. 23, 2004, 118 Stat. 3950; Pub. L. 109-364, div. A, title IX, Sec. 933, Oct. 17, 2006, 120 Stat. 2363, provided: "That this Act [this note] may be cited as the 'National Security Agency Act of 1959'. [Amended Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 660; Pub. L. 96-450, title IV, Sec. 402(a)(2), Oct. 14, 1980, 94 Stat. 1978.] "[Sec. 2. Repealed. Pub. L. 104-201, div. A, title XVI, Sec. 1633(b)(1), Sept. 23, 1996, 110 Stat. 2751.] "Sec. 3. [Amended section 1581(a) of Title 10, Armed Forces.] "[Sec. 4. Repealed. Pub. L. 104-201, div. A, title XVI, Sec. 1633(b)(1), Sept. 23, 1996, 110 Stat. 2751.] "Sec. 5. Officers and employees of the National Security Agency who are citizens or nationals of the United States may be granted additional compensation, in accordance with regulations which shall be prescribed by the Secretary of Defense, not in excess of additional compensation authorized by section 207 of the Independent Offices Appropriation Act, 1949, as amended (5 U.S.C. 118h) [see 5 U.S.C. 5941], for employees whose rates of basic compensation are fixed by statute. "Sec. 6. (a) Except as provided in subsection (b) of this section, nothing in this Act or any other law (including, but not limited to, the first section and section 2 of the Act of August 28, 1935 (5 U.S.C. 654) [repealed by Pub. L. 86-626, title I, Sec. 101, July 12, 1960, 74 Stat. 427]) shall be construed to require the disclosure of the organization or any function of the National Security Agency, or any information with respect to the activities thereof, or of the names, titles, salaries, or number of the persons employed by such agency. "(b) The reporting requirements of section 1582 of title 10, United States Code, shall apply to positions established in the National Security Agency in the manner provided by section 4 of this Act. "[Sec. 7. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 660.] "Sec. 8. The foregoing provisions of this Act shall take effect on the first day of the first pay period which begins later than the thirtieth day following the date of enactment of this Act [May 29, 1959]. "Sec. 9. (a) Notwithstanding section 322 of the Act of June 30, 1932 ([former] 40 U.S.C. 278a), section 5536 of title 5, United States Code, and section 2675 of title 10, United States Code, the Director of the National Security Agency, on behalf of the Secretary of Defense, may lease real property outside the United States, for periods not exceeding ten years, for the use of the National Security Agency for special cryptologic activities and for housing for personnel assigned to such activities. "(b) The Director of the National Security Agency, on behalf of the Secretary of Defense, may provide to certain civilian and military personnel of the Department of Defense who are assigned to special cryptologic activities outside the United States and who are designated by the Secretary of Defense for the purposes of this subsection - "(1) allowances and benefits - "(A) comparable to those provided by the Secretary of State to members of the Foreign Service under chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any other provision of law; and "(B) in the case of selected personnel serving in circumstances similar to those in which personnel of the Central Intelligence Agency serve, comparable to those provided by the Director of Central Intelligence to personnel of the Central Intelligence Agency; "(2) housing (including heat, light, and household equipment) without cost to such personnel, if the Director of the National Security Agency, on behalf of the Secretary of Defense determines that it would be in the public interest to provide such housing; and "(3) special retirement accrual in the same manner provided in section 303 of the Central Intelligence Agency Retirement Act (50 U.S.C. 403 note) [50 U.S.C. 2001 et seq.] and in section 18 of the Central Intelligence Agency Act of 1949 [50 U.S.C. 403r]. "(c) The authority of the Director of the National Security Agency, on behalf of the Secretary of Defense, to make payments under subsections (a) and (b), and under contracts for leases entered into under subsection (a), is effective for any fiscal year only to the extent that appropriated funds are available for such purpose. "(d) Members of the Armed Forces may not receive benefits under both subsection (b)(1) and title 37, United States Code, for the same purpose. The Secretary of Defense shall prescribe such regulations as may be necessary to carry out this subsection. "(e) Regulations issued pursuant to subsection (b)(1) shall be submitted to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate before such regulations take effect. [Amended Pub. L. 102-496, title VIII, Sec. 803(b), Oct. 24, 1992, 106 Stat. 3253. Amendment by Pub. L. 102-496 effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102-496, set out as an Effective Date note under section 2001 of this title.] [Amended Pub. L. 101-193, title V, Sec. 505(b), Nov. 30, 1989, 103 Stat. 1709.] [Amended Pub. L. 99-335, title V, Sec. 507(a), June 6, 1986, 100 Stat. 628. Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.] [Amended Pub. L. 97-89, title VI, Sec. 601, Dec. 4, 1981, 95 Stat. 1154.] [Added Pub. L. 96-450, title IV, Sec. 402(a)(1), Oct. 14, 1980, 94 Stat. 1977.] "Sec. 10. (a) The Director of the National Security Agency shall arrange for, and shall prescribe regulations concerning, language and language-related training programs for military and civilian cryptologic personnel. In establishing programs under this section for language and language-related training, the Director - "(1) may provide for the training and instruction to be furnished, including functional and geographic area specializations; "(2) may arrange for training and instruction through other Government agencies and, in any case in which appropriate training or instruction is unavailable through Government facilities, through nongovernmental facilities that furnish training and instruction useful in the fields of language and foreign affairs; "(3) may support programs that furnish necessary language and language-related skills, including, in any case in which appropriate programs are unavailable at Government facilities, support through contracts, grants, or cooperation with nongovernmental educational institutions; and "(4) may obtain by appointment or contract the services of individuals to serve as language instructors, linguists, or special language project personnel. "(b)(1) In order to maintain necessary capability in foreign language skills and related abilities needed by the National Security Agency, the Director, without regard to subchapter IV of chapter 55 of title 5, United States Code, may provide special monetary or other incentives to encourage civilian cryptologic personnel of the Agency to acquire or retain proficiency in foreign languages or special related abilities needed by the Agency. "(2) In order to provide linguistic training and support for cryptologic personnel, the Director - "(A) may pay all or part of the tuition and other expenses related to the training of personnel who are assigned or detailed for language and language-related training, orientation, or instruction; and "(B) may pay benefits and allowances to civilian personnel in accordance with chapters 57 and 59 of title 5, United States Code, and to military personnel in accordance with chapter 7 of title 37, United States Code, and applicable provisions of title 10, United States Code, when such personnel are assigned to training at sites away from their designated duty station. "(c)(1) To the extent not inconsistent, in the opinion of the Secretary of Defense, with the operation of military cryptologic reserve units and in order to maintain necessary capability in foreign language skills and related abilities needed by the National Security Agency, the Director may establish a cryptologic linguist reserve. The cryptologic linguist reserve may consist of former or retired civilian or military cryptologic personnel of the National Security Agency and of other qualified individuals, as determined by the Director of the Agency. Each member of the cryptologic linguist reserve shall agree that, during any period of emergency (as determined by the Director), the member shall return to active civilian status with the National Security Agency and shall perform such linguistic or linguistic-related duties as the Director may assign. "(2) In order to attract individuals to become members of the cryptologic linguist reserve, the Director, without regard to subchapter IV of chapter 55 of title 5, United States Code, may provide special monetary incentives to individuals eligible to become members of the reserve who agree to become members of the cryptologic linguist reserve and to acquire or retain proficiency in foreign languages or special related abilities. "(3) In order to provide training and support for members of the cryptologic linguist reserve, the Director - "(A) may pay all or part of the tuition and other expenses related to the training of individuals in the cryptologic linguist reserve who are assigned or detailed for language and language-related training, orientation, or instruction; and "(B) may pay benefits and allowances in accordance with chapters 57 and 59 of title 5, United States Code, to individuals in the cryptologic linguist reserve who are assigned to training at sites away from their homes or regular places of business. "(d)(1) The Director, before providing training under this section to any individual, may obtain an agreement with that individual that - "(A) in the case of current employees, pertains to continuation of service of the employee, and repayment of the expenses of such training for failure to fulfill the agreement, consistent with the provisions of section 4108 of title 5, United States Code; and "(B) in the case of individuals accepted for membership in the cryptologic linguist reserve, pertains to return to service when requested, and repayment of the expenses of such training for failure to fulfill the agreement, consistent with the provisions of section 4108 of title 5, United States Code. "(2) The Director, under regulations prescribed under this section, may waive, in whole or in part, a right of recovery under an agreement made under this subsection if it is shown that the recovery would be against equity and good conscience or against the public interest. "(e)(1) Subject to paragraph (2), the Director may provide to family members of military and civilian cryptologic personnel assigned to representational duties outside the United States, in anticipation of the assignment of such personnel outside the United States or while outside the United States, appropriate orientation and language training that is directly related to the assignment abroad. "(2) Language training under paragraph (1) may not be provided to any individual through payment of the expenses of tuition or other cost of instruction at a non-Government educational institution unless appropriate instruction is not available at a Government facility. "(f) The Director may waive the applicability of any provision of chapter 41 of title 5, United States Code, to any provision of this section if he finds that such waiver is important to the performance of cryptologic functions. "(g) The authority of the Director to enter into contracts or to make grants under this section is effective for any fiscal year only to the extent that appropriated funds are available for such purpose. "(h) Regulations issued pursuant to this section shall be submitted to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate before such regulations take effect. "(i) The Director of the National Security Agency, on behalf of the Secretary of Defense, may, without regard to section 4109(a)(2)(B) of title 5, United States Code, pay travel, transportation, storage, and subsistence expenses under chapter 57 of such title to civilian and military personnel of the Department of Defense who are assigned to duty outside the United States for a period of one year or longer which involves cryptologic training, language training, or related disciplines. [Added Pub. L. 96-450, title IV, Sec. 402(a)(1), Oct. 14, 1980, 94 Stat. 1978, and amended Pub. L. 97-89, title VI, Sec. 602, Dec. 4, 1981, 95 Stat. 1154.] "Sec. 11. (a)(1) The Director of the National Security Agency may authorize agency personnel within the United States to perform the same functions as officers and agents of the Department of Homeland Security, as provided in section 1315(b)(2) of title 40, United States Code, with the powers set forth in that section, except that such personnel shall perform such functions and exercise such powers - "(A) at the National Security Agency Headquarters complex and at any facilities and protected property which are solely under the administration and control of, or are used exclusively by, the National Security Agency; and "(B) in the streets, sidewalks, and the open areas within the zone beginning at the outside boundary of such facilities or protected property and extending outward 500 feet. "(2) The performance of functions and exercise of powers under subparagraph (B) of paragraph (1) shall be limited to those circumstances where such personnel can identify specific and articulable facts giving such personnel reason to believe that the performance of such functions and exercise of such powers is reasonable to protect against physical damage or injury, or threats of physical damage or injury, to agency installations, property, or employees. "(3) Nothing in this subsection shall be construed to preclude, or limit in any way, the authority of any Federal, State, or local law enforcement agency, or any other Federal police or Federal protective service. "(4) The rules and regulations enforced by such personnel shall be the rules and regulations prescribed by the Director and shall only be applicable to the areas referred to in subparagraph (A) of paragraph (1). "(5) Not later than July 1 each year through 2004, the Director 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 that describes in detail the exercise of the authority granted by this subsection and the underlying facts supporting the exercise of such authority, during the preceding fiscal year. The Director shall make each such report available to the Inspector General of the National Security Agency. "(b) The Director of the National Security Agency is authorized to establish penalties for violations of the rules or regulations prescribed by the Director under subsection (a). Such penalties shall not exceed those specified in section 1315(c)(2) of title 40, United States Code. "(c) Agency personnel designated by the Director of the National Security Agency under subsection (a) shall be clearly identifiable as United States Government security personnel while engaged in the performance of the functions to which subsection (a) refers. "(d)(1) Notwithstanding any other provision of law, agency personnel designated by the Director of the National Security Agency under subsection (a) shall be considered for purposes of chapter 171 of title 28, United States Code, or any other provision of law relating to tort liability, to be acting within the scope of their office or employment when such agency personnel take reasonable action, which may include the use of force, to - "(A) protect an individual in the presence of such agency personnel from a crime of violence; "(B) provide immediate assistance to an individual who has suffered or who is threatened with bodily harm; or "(C) prevent the escape of any individual whom such agency personnel reasonably believe to have committed a crime of violence in the presence of such agency personnel. "(2) Paragraph (1) shall not affect the authorities of the Attorney General under section 2679 of title 28, United States Code. "(3) In this subsection, the term 'crime of violence' has the meaning given that term in section 16 of title 18, United States Code. [Added Pub. L. 96-450, title IV, Sec. 402(a)(1), Oct. 14, 1980, 94 Stat. 1978; amended Pub. L. 107-108, title V, Sec. 506, Dec. 28, 2001, 115 Stat. 1406; Pub. L. 107-306, title VIII, Sec. 841(f), Nov. 27, 2002, 116 Stat. 2432; Pub. L. 108-177, title III, Sec. 377(c), title V, Sec. 501, Dec. 13, 2003, 117 Stat. 2630, 2633.] "Sec. 12. (a)(1) The Secretary of Defense (or his designee) may by regulation establish a personnel system for senior civilian cryptologic personnel in the National Security Agency to be known as the Senior Cryptologic Executive Service. The regulations establishing the Senior Cryptologic Executive Service shall - "(A) meet the requirements set forth in section 3131 of title 5, United States Code, for the Senior Executive Service; "(B) provide that positions in the Senior Cryptologic Executive Service meet requirements that are consistent with the provisions of section 3132(a)(2) of such title; "(C) provide, without regard to section 2, rates of pay for the Senior Cryptologic Executive Service that are not in excess of the maximum rate or less than the minimum rate of basic pay established for the Senior Executive Service under section 5382 of such title, and that are adjusted at the same time and to the same extent as rates of basic pay for the Senior Executive Service are adjusted; "(D) provide a performance appraisal system for the Senior Cryptologic Executive Service that conforms to the provisions of subchapter II of chapter 43 of such title; "(E) provide for removal consistent with section 3592 of such title, and removal or suspension consistent with subsections (a), (b), and (c) of section 7543 of such title (except that any hearing or appeal to which a member of the Senior Cryptologic Executive Service is entitled shall be held or decided pursuant to procedures established by regulations of the Secretary of Defense or his designee); "(F) permit the payment of performance awards to members of the Senior Cryptologic Executive Service consistent with the provisions applicable to performance awards under section 5384 of such title; "(G) provide that members of the Senior Cryptologic Executive Service may be granted sabbatical leaves consistent with the provisions of section 3396(c) of such title.[;] and "(H) provide for the recertification of members of the Senior Cryptologic Executive Service consistent with the provisions of section 3393a of such title. "(2) Except as otherwise provided in subsection (a), the Secretary of Defense (or his designee) may - "(A) make applicable to the Senior Cryptologic Executive Service any of the provisions of title 5, United States Code, applicable to applicants for or members of the Senior Executive Service; and "(B) appoint, promote, and assign individuals to positions established within the Senior Cryptologic Executive Service without regard to the provisions of title 5, United States Code, governing appointments and other personnel actions in the competitive service. "(3) The President, based on the recommendations of the Secretary of Defense, may award ranks to members of the Senior Cryptologic Executive Service in a manner consistent with the provisions of section 4507 of title 5, United States Code. "(4) Notwithstanding any other provision of this section, the Director of the National Security Agency may detail or assign any member of the Senior Cryptologic Executive Service to serve in a position outside the National Security Agency in which the member's expertise and experience may be of benefit to the National Security Agency or another Government agency. Any such member shall not by reason of such detail or assignment lose any entitlement or status associated with membership in the Senior Cryptologic Executive Service. [Amended Pub. L. 104-106, div. A, title X, Sec. 1064(b), Feb. 10, 1996, 110 Stat. 445.] [Amended Pub. L. 101-194, title V, Sec. 506(c)(2), Nov. 30, 1989, 103 Stat. 1759. Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section 506(d) of Pub. L. 101-194, set out as an Effective Date of 1989 Amendment note under section 3151 of Title 5, Government Organization and Employees.] "Sec. 13. (a) The Director of the National Security Agency may make grants to private individuals and institutions for the conduct of cryptologic research. An application for a grant under this section may not be approved unless the Director determines that the award of the grant would be clearly consistent with the national security. "(b) The grant program established by subsection (a) shall be conducted in accordance with the Federal Grant and Cooperative Agreement Act of 1977 (41 U.S.C. 501 et seq.) [31 U.S.C. 6301 et seq.] to the extent that such Act is consistent with and in accordance with section 6 of this Act. "(c) The authority of the Director to make grants under this section is effective for any fiscal year only to the extent that appropriated funds are available for such purpose. [Added Pub. L. 97-89, title VI, Sec. 603, Dec. 4, 1981, 95 Stat. 1156.] "Sec. 14. Funds appropriated to an entity of the Federal Government other than an element of the Department of Defense that have been specifically appropriated for the purchase of cryptologic equipment, materials, or services with respect to which the National Security Agency has been designated as the central source of procurement for the Government shall remain available for a period of three fiscal years. [Added Pub. L. 97-89, title VI, Sec. 603, Dec. 4, 1981, 95 Stat. 1156.] "Sec. 15. (a) No person may, except with the written permission of the Director of the National Security Agency, knowingly use the words 'National Security Agency', the initials 'NSA', the seal of the National Security Agency, or any colorable imitation of such words, initials, or seal in connection with any merchandise, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the National Security Agency. "(b) Whenever it appears to the Attorney General that any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought. [Added Pub. L. 97-89, title VI, Sec. 603, Dec. 4, 1981, 95 Stat. 1156.] "Sec. 16. (a) The purpose of this section is to establish an undergraduate training program, which may lead to the baccalaureate degree, to facilitate the recruitment of individuals, particularly minority high school students, with a demonstrated capability to develop skills critical to the mission of the National Security Agency, including mathematics, computer science, engineering, and foreign languages. "(b) The Secretary of Defense is authorized, in his discretion, to assign civilian employees of the National Security Agency as students at accredited professional, technical, and other institutions of higher learning for training at the undergraduate level in skills critical to effective performance of the mission of the Agency. "(c) The National Security Agency may pay, directly or by reimbursement to employees, expenses incident to assignments under subsection (b), in any fiscal year only to the extent that appropriated funds are available for such purpose. "(d)(1) To be eligible for assignment under subsection (b), an employee of the Agency must agree in writing - "(A) to continue in the service of the Agency for the period of the assignment and to complete the educational course of training for which the employee is assigned; "(B) to continue in the service of the Agency following completion of the assignment for a period of one-and-a-half years for each year of the assignment or part thereof; "(C) to reimburse the United States for the total cost of education (excluding the employee's pay and allowances) provided under this section to the employee if, prior to the employee's completing the educational course of training for which the employee is assigned, the assignment or the employee's employment with the Agency is terminated either by the Agency due to misconduct by the employee or by the employee voluntarily; and "(D) to reimburse the United States if, after completing the educational course of training for which the employee is assigned, the employee's employment with the Agency is terminated either by the Agency due to misconduct by the employee or by the employee voluntarily, prior to the employee's completion of the service obligation period described in subparagraph (B), in an amount that bears the same ratio to the total cost of the education (excluding the employee's pay and allowances) provided to the employee as the unserved portion of the service obligation period described in subparagraph (B) bears to the total period of the service obligation described in subparagraph (B). "(2) Subject to paragraph (3), the obligation to reimburse the United States under an agreement described in paragraph (1), including interest due on such obligation, is for all purposes a debt owing the United States. "(3)(A) A discharge in bankruptcy under title 11, United States Code, shall not release a person from an obligation to reimburse the United States required under an agreement described in paragraph (1) if the final decree of the discharge in bankruptcy is issued within five years after the last day of the combined period of service obligation described in subparagraphs (A) and (B) of paragraph (1). "(B) The Secretary of Defense may release a person, in whole or in part, from the obligation to reimburse the United States under an agreement described in paragraph (1) when, in his discretion, the Secretary determines that equity or the interests of the United States so require. "(C) The Secretary of Defense shall permit an employee assigned under this section who, prior to commencing a second academic year of such assignment, voluntarily terminates the assignment or the employee's employment with the Agency, to satisfy his obligation under an agreement described in paragraph (1) to reimburse the United States by reimbursement according to a schedule of monthly payments which results in completion of reimbursement by a date five years after the date of termination of the assignment or employment or earlier at the option of the employee. "(e)(1) When an employee is assigned under this section to an institution, the Agency shall disclose to the institution to which the employee is assigned that the Agency employs the employee and that the Agency funds the employee's education. "(2) Agency efforts to recruit individuals at educational institutions for participation in the undergraduate training program established by this section shall be made openly and according to the common practices of universities and employers recruiting at such institutions. "(f) Chapter 41 of title 5 and subsections (a) and (b) of section 3324 of title 31, United States Code, shall not apply with respect to this section. "(g) The Secretary of Defense may issue such regulations as may be necessary to implement this section. [Added Pub. L. 99-569, title V, Sec. 505, Oct. 27, 1986, 100 Stat. 3200.] "[Sec. 17. Repealed. Pub. L. 103-359, title VIII, Sec. 806(b)(2), Oct. 14, 1994, 108 Stat. 3442.] "Sec. 18. (a) The Secretary of Defense may pay the expenses referred to in section 5742(b) of title 5, United States Code, in the case of any employee of the National Security Agency who dies while on a rotational tour of duty within the United States or while in transit to or from such tour of duty. "(b) For the purposes of this section, the term 'rotational tour of duty', with respect to an employee, means a permanent change of station involving the transfer of the employee from the National Security Agency headquarters to another post of duty for a fixed period established by regulation to be followed at the end of such period by a permanent change of station involving a transfer of the employee back to such headquarters. [Added Pub. L. 102-183, title IV, Sec. 405, Dec. 4, 1991, 105 Stat. 1267; amended Pub. L. 102- 496, title III, Sec. 304(a), Oct. 24, 1992, 106 Stat. 3183.] "Sec. 19. (a) There is established the National Security Agency Emerging Technologies Panel. The Panel is a standing panel of the National Security Agency. The Panel shall be appointed by, and shall report directly to, the Director of the National Security Agency. "(b) The Panel shall study and assess, and periodically advise the Director on, the research, development, and application of existing and emerging science and technology advances, advances in encryption, and other topics. "(c) The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Panel. [Added Pub. L. 108-487, title V, Sec. 501, Dec. 23, 2004, 118 Stat. 3950.] "Sec. 20. (a) The Director may collect charges for evaluating, certifying, or validating information assurance products under the National Information Assurance Program or successor program. "(b) The charges collected under subsection (a) shall be established through a public rulemaking process in accordance with Office of Management and Budget Circular No. A-25. "(c) Charges collected under subsection (a) shall not exceed the direct costs of the program referred to in that subsection. "(d) The appropriation or fund bearing the cost of the service for which charges are collected under the program referred to in subsection (a) may be reimbursed, or the Director may require advance payment subject to such adjustment on completion of the work as may be agreed upon. "(e) Amounts collected under this section shall be credited to the account or accounts from which costs associated with such amounts have been or will be incurred, to reimburse or offset the direct costs of the program referred to in subsection (a)." [Added Pub. L. 109-364, div. A, title IX, Sec. 933, Oct. 17, 2006, 120 Stat. 2363.] [Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note under section 401 of this title.] -EXEC- EXECUTIVE ORDER NO. 10483 Ex. Ord. No. 10483, Sept. 2, 1953, 18 F.R. 5379, as amended by Ex. Ord. No. 10598, Feb. 28, 1955, 20 F.R. 1237, which provided for an Operations Coordinating Board, was superseded by Ex. Ord. No. 10700, Feb. 25, 1957, formerly set out below. EXECUTIVE ORDER NO. 10700 Ex. Ord. No. 10700, Feb. 25, 1957, 22 F.R. 1111, as amended by Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 6, 1958, 23 F.R. 6971; Ex. Ord. 10838, Sept. 16, 1959, 24 F.R. 7519, which provided for the Operations Coordinating Board, was revoked by Ex. Ord. No. 10920, Feb. 18, 1961, 26 F.R. 1463. EX. ORD. NO. 13228. ESTABLISHING THE OFFICE OF HOMELAND SECURITY AND THE HOMELAND SECURITY COUNCIL Ex. Ord. No. 13228, Oct. 8, 2001, 66 F.R. 51812, as amended by Ex. Ord. No. 13284, Sec. 3, Jan. 23, 2003, 68 F.R. 4075; Ex. Ord. No. 13286, Sec. 8, Feb. 28, 2003, 68 F.R. 10622, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Establishment. I hereby establish within the Executive Office of the President an Office of Homeland Security (the "Office") to be headed by the Assistant to the President for Homeland Security. Sec. 2. Mission. The mission of the Office shall be to develop and coordinate the implementation of a comprehensive national strategy to secure the United States from terrorist threats or attacks. The Office shall perform the functions necessary to carry out this mission, including the functions specified in section 3 of this order. Sec. 3. Functions. The functions of the Office shall be to coordinate the executive branch's efforts to detect, prepare for, prevent, protect against, respond to, and recover from terrorist attacks within the United States. (a) National Strategy. The Office shall work with executive departments and agencies, State and local governments, and private entities to ensure the adequacy of the national strategy for detecting, preparing for, preventing, protecting against, responding to, and recovering from terrorist threats or attacks within the United States and shall periodically review and coordinate revisions to that strategy as necessary. (b) Detection. The Office shall identify priorities and coordinate efforts for collection and analysis of information within the United States regarding threats of terrorism against the United States and activities of terrorists or terrorist groups within the United States. The Office also shall identify, in coordination with the Assistant to the President for National Security Affairs, priorities for collection of intelligence outside the United States regarding threats of terrorism within the United States. (i) In performing these functions, the Office shall work with Federal, State, and local agencies, as appropriate, to: (A) facilitate collection from State and local governments and private entities of information pertaining to terrorist threats or activities within the United States; (B) coordinate and prioritize the requirements for foreign intelligence relating to terrorism within the United States of executive departments and agencies responsible for homeland security and provide these requirements and priorities to the Director of Central Intelligence and other agencies responsible for collection of foreign intelligence; (C) coordinate efforts to ensure that all executive departments and agencies that have intelligence collection responsibilities have sufficient technological capabilities and resources to collect intelligence and data relating to terrorist activities or possible terrorist acts within the United States, working with the Assistant to the President for National Security Affairs, as appropriate; (D) coordinate development of monitoring protocols and equipment for use in detecting the release of biological, chemical, and radiological hazards; and (E) ensure that, to the extent permitted by law, all appropriate and necessary intelligence and law enforcement information relating to homeland security is disseminated to and exchanged among appropriate executive departments and agencies responsible for homeland security and, where appropriate for reasons of homeland security, promote exchange of such information with and among State and local governments and private entities. (ii) Executive departments and agencies shall, to the extent permitted by law, make available to the Office all information relating to terrorist threats and activities within the United States. (c) Preparedness. The Office of Homeland Security shall coordinate national efforts to prepare for and mitigate the consequences of terrorist threats or attacks within the United States. In performing this function, the Office shall work with Federal, State, and local agencies, and private entities, as appropriate, to: (i) review and assess the adequacy of the portions of all Federal emergency response plans that pertain to terrorist threats or attacks within the United States; (ii) coordinate domestic exercises and simulations designed to assess and practice systems that would be called upon to respond to a terrorist threat or attack within the United States and coordinate programs and activities for training Federal, State, and local employees who would be called upon to respond to such a threat or attack; (iii) coordinate national efforts to ensure public health preparedness for a terrorist attack, including reviewing vaccination policies and reviewing the adequacy of and, if necessary, increasing vaccine and pharmaceutical stockpiles and hospital capacity; (iv) coordinate Federal assistance to State and local authorities and nongovernmental organizations to prepare for and respond to terrorist threats or attacks within the United States; (v) ensure that national preparedness programs and activities for terrorist threats or attacks are developed and are regularly evaluated under appropriate standards and that resources are allocated to improving and sustaining preparedness based on such evaluations; and (vi) ensure the readiness and coordinated deployment of Federal response teams to respond to terrorist threats or attacks, working with the Assistant to the President for National Security Affairs, when appropriate. (d) Prevention. The Office shall coordinate efforts to prevent terrorist attacks within the United States. In performing this function, the Office shall work with Federal, State, and local agencies, and private entities, as appropriate, to: (i) facilitate the exchange of information among such agencies relating to immigration and visa matters and shipments of cargo; and, working with the Assistant to the President for National Security Affairs, ensure coordination among such agencies to prevent the entry of terrorists and terrorist materials and supplies into the United States and facilitate removal of such terrorists from the United States, when appropriate; (ii) coordinate efforts to investigate terrorist threats and attacks within the United States; and (iii) coordinate efforts to improve the security of United States borders, territorial waters, and airspace in order to prevent acts of terrorism within the United States, working with the Assistant to the President for National Security Affairs, when appropriate. (e) Protection. The Office shall coordinate efforts to protect the United States and its critical infrastructure from the consequences of terrorist attacks. In performing this function, the Office shall work with Federal, State, and local agencies, and private entities, as appropriate, to: (i) strengthen measures for protecting energy production, transmission, and distribution services and critical facilities; other utilities; telecommunications; facilities that produce, use, store, or dispose of nuclear material; and other critical infrastructure services and critical facilities within the United States from terrorist attack; (ii) coordinate efforts to protect critical public and privately owned information systems within the United States from terrorist attack; (iii) develop criteria for reviewing whether appropriate security measures are in place at major public and privately owned facilities within the United States; (iv) coordinate domestic efforts to ensure that special events determined by appropriate senior officials to have national significance are protected from terrorist attack; (v) coordinate efforts to protect transportation systems within the United States, including railways, highways, shipping, ports and waterways, and airports and civilian aircraft, from terrorist attack; (vi) coordinate efforts to protect United States livestock, agriculture, and systems for the provision of water and food for human use and consumption from terrorist attack; and (vii) coordinate efforts to prevent unauthorized access to, development of, and unlawful importation into the United States of, chemical, biological, radiological, nuclear, explosive, or other related materials that have the potential to be used in terrorist attacks. (f) Response and Recovery. The Office shall coordinate efforts to respond to and promote recovery from terrorist threats or attacks within the United States. In performing this function, the Office shall work with Federal, State, and local agencies, and private entities, as appropriate, to: (i) coordinate efforts to ensure rapid restoration of transportation systems, energy production, transmission, and distribution systems; telecommunications; other utilities; and other critical infrastructure facilities after disruption by a terrorist threat or attack; (ii) coordinate efforts to ensure rapid restoration of public and private critical information systems after disruption by a terrorist threat or attack; (iii) work with the National Economic Council to coordinate efforts to stabilize United States financial markets after a terrorist threat or attack and manage the immediate economic and financial consequences of the incident; (iv) coordinate Federal plans and programs to provide medical, financial, and other assistance to victims of terrorist attacks and their families; and (v) coordinate containment and removal of biological, chemical, radiological, explosive, or other hazardous materials in the event of a terrorist threat or attack involving such hazards and coordinate efforts to mitigate the effects of such an attack. (g) Incident Management. Consistent with applicable law, including the statutory functions of the Secretary of Homeland Security, the Assistant to the President for Homeland Security shall be the official primarily responsible for advising and assisting the President in the coordination of domestic incident management activities of all departments and agencies in the event of a terrorist threat, and during and in the aftermath of terrorist attacks, major disasters, or other emergencies, within the United States. Generally, the Assistant to the President for Homeland Security shall serve as the principal point of contact for and to the President with respect to the coordination of such activities. The Assistant to the President for Homeland Security shall coordinate with the Assistant to the President for National Security Affairs, as appropriate. (h) Continuity of Government. The Assistant to the President for Homeland Security, in coordination with the Assistant to the President for National Security Affairs, shall review plans and preparations for ensuring the continuity of the Federal Government in the event of a terrorist attack that threatens the safety and security of the United States Government or its leadership. (i) Public Affairs. The Office, subject to the direction of the White House Office of Communications, shall coordinate the strategy of the executive branch for communicating with the public in the event of a terrorist threat or attack within the United States. The Office also shall coordinate the development of programs for educating the public about the nature of terrorist threats and appropriate precautions and responses. (j) Cooperation with State and Local Governments and Private Entities. The Office shall encourage and invite the participation of State and local governments and private entities, as appropriate, in carrying out the Office's functions. (k) Review of Legal Authorities and Development of Legislative Proposals. The Office shall coordinate a periodic review and assessment of the legal authorities available to executive departments and agencies to permit them to perform the functions described in this order. When the Office determines that such legal authorities are inadequate, the Office shall develop, in consultation with executive departments and agencies, proposals for presidential action and legislative proposals for submission to the Office of Management and Budget to enhance the ability of executive departments and agencies to perform those functions. The Office shall work with State and local governments in assessing the adequacy of their legal authorities to permit them to detect, prepare for, prevent, protect against, and recover from terrorist threats and attacks. (l) Budget Review. The Assistant to the President for Homeland Security, in consultation with the Director of the Office of Management and Budget (the "Director") and the heads of executive departments and agencies, shall identify programs that contribute to the Administration's strategy for homeland security and, in the development of the President's annual budget submission, shall review and provide advice to the heads of departments and agencies for such programs. The Assistant to the President for Homeland Security shall provide advice to the Director on the level and use of funding in departments and agencies for homeland security- related activities and, prior to the Director's forwarding of the proposed annual budget submission to the President for transmittal to the Congress, shall certify to the Director the funding levels that the Assistant to the President for Homeland Security believes are necessary and appropriate for the homeland security-related activities of the executive branch. Sec. 4. Administration. (a) The Office of Homeland Security shall be directed by the Assistant to the President for Homeland Security. (b) The Office of Administration within the Executive Office of the President shall provide the Office of Homeland Security with such personnel, funding, and administrative support, to the extent permitted by law and subject to the availability of appropriations, as directed by the Chief of Staff to carry out the provisions of this order. (c) Heads of executive departments and agencies are authorized, to the extent permitted by law, to detail or assign personnel of such departments and agencies to the Office of Homeland Security upon request of the Assistant to the President for Homeland Security, subject to the approval of the Chief of Staff. Sec. 5. Establishment of Homeland Security Council. (a) I hereby establish a Homeland Security Council (the "Council"), which shall be responsible for advising and assisting the President with respect to all aspects of homeland security. The Council shall serve as the mechanism for ensuring coordination of homeland security-related activities of executive departments and agencies and effective development and implementation of homeland security policies. (b) The Council shall have as its members the President, the Vice President, the Secretary of the Treasury, the Secretary of Defense, the Attorney General, the Secretary of Health and Human Services, the Secretary of Transportation, the Secretary of Homeland Security, the Director of the Federal Emergency Management Agency, the Director of the Federal Bureau of Investigation, the Director of Central Intelligence, the Assistant to the President for Homeland Security, and such other officers of the executive branch as the President may from time to time designate. The Chief of Staff, the Chief of Staff to the Vice President, the Assistant to the President for National Security Affairs, the Counsel to the President, and the Director of the Office of Management and Budget also are invited to attend any Council meeting. The Secretary of State, the Secretary of Agriculture, the Secretary of the Interior, the Secretary of Energy, the Secretary of Labor, the Secretary of Commerce, the Secretary of Veterans Affairs, the Administrator of the Environmental Protection Agency, the Assistant to the President for Economic Policy, and the Assistant to the President for Domestic Policy shall be invited to attend meetings pertaining to their responsibilities. The heads of other executive departments and agencies and other senior officials shall be invited to attend Council meetings when appropriate. (c) The Council shall meet at the President's direction. When the President is absent from a meeting of the Council, at the President's direction the Vice President may preside. The Assistant to the President for Homeland Security shall be responsible, at the President's direction, for determining the agenda, ensuring that necessary papers are prepared, and recording Council actions and Presidential decisions. Sec. 6. Original Classification Authority. I hereby delegate the authority to classify information originally as Top Secret, in accordance with Executive Order 12958 [50 U.S.C. 435 note] or any successor Executive Order, to the Assistant to the President for Homeland Security. Sec. 7. Continuing Authorities. This order does not alter the existing authorities of United States Government departments and agencies, including the Department of Homeland Security. All executive departments and agencies are directed to assist the Council and the Assistant to the President for Homeland Security in carrying out the purposes of this order. Sec. 8. General Provisions. (a) This order does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its departments, agencies or instrumentalities, its officers or employees, or any other person. (b) References in this order to State and local governments shall be construed to include tribal governments and United States territories and other possessions. (c) References to the "United States" shall be construed to include United States territories and possessions. Sec. 9. [Amended Ex. Ord. No. 12656, set out as a note under section 5195 of this title.] George W. Bush. EXECUTIVE ORDER NO. 13260 Ex. Ord. No. 13260, Mar. 19, 2002, 67 F.R. 13241, as amended by Ex. Ord. No. 13286, Sec. 4, Feb. 28, 2003, 68 F.R. 10619, which established the President's Homeland Security Advisory Council and Senior Advisory Committees for Homeland Security, was revoked by Ex. Ord. No. 13286, Sec. 4, Feb. 28, 2003, 68 F.R. 10619, eff. Mar. 31, 2003. -End- -CITE- 50 USC Sec. 402-1 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 402-1. Joint Intelligence Community Council -STATUTE- (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 regular meetings of the Joint Intelligence Community Council. (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. -SOURCE- (July 26, 1947, ch. 343, title I, Sec. 101A, as added Pub. L. 108- 458, title I, Sec. 1031, Dec. 17, 2004, 118 Stat. 3677.) -MISC1- EFFECTIVE DATE For 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 401 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. 108-458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of this title. -End- -CITE- 50 USC Sec. 402a 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 402a. Coordination of counterintelligence activities -STATUTE- (a) Establishment of Counterintelligence Policy Board There is established within the executive branch of Government a National Counterintelligence Policy Board (in this section referred to as the "Board"). The Board shall report to the President through the National Security Council. (b) Chairperson The National Counterintelligence Executive under section 902 of the Counterintelligence Enhancement Act of 2002 [50 U.S.C. 402b] shall serve as the chairperson of the Board. (c) Membership The membership of the National Counterintelligence Policy Board shall consist of the following: (1) The National Counterintelligence Executive. (2) Senior personnel of departments and elements of the United States Government, appointed by the head of the department or element concerned, as follows: (A) The Department of Justice, including the Federal Bureau of Investigation. (B) The Department of Defense, including the Joint Chiefs of Staff. (C) The Department of State. (D) The Department of Energy. (E) The Central Intelligence Agency. (F) Any other department, agency, or element of the United States Government specified by the President. (d) Functions and discharge of functions (1) The Board shall - (A) serve as the principal mechanism for - (i) developing policies and procedures for the approval of the President to govern the conduct of counterintelligence activities; and (ii) upon the direction of the President, resolving conflicts that arise between elements of the Government conducting such activities; and (B) act as an interagency working group to - (i) ensure the discussion and review of matters relating to the implementation of the Counterintelligence Enhancement Act of 2002; and (ii) provide advice to the National Counterintelligence Executive on priorities in the implementation of the National Counterintelligence Strategy produced by the Office of the National Counterintelligence Executive under section 904(e)(2) of that Act [50 U.S.C. 402c(e)(2)]. (2) The Board may, for purposes of carrying out its functions under this section, establish such interagency boards and working groups as the Board considers appropriate. (e) Coordination of counterintelligence matters with Federal Bureau of Investigation (1) Except as provided in paragraph (5), the head of each department or agency within the executive branch shall ensure that - (A) the Federal Bureau of Investigation is advised immediately of any information, regardless of its origin, which indicates that classified information is being, or may have been, disclosed in an unauthorized manner to a foreign power or an agent of a foreign power; (B) following a report made pursuant to subparagraph (A), the Federal Bureau of Investigation is consulted with respect to all subsequent actions which may be undertaken by the department or agency concerned to determine the source of such loss or compromise; and (C) where, after appropriate consultation with the department or agency concerned, the Federal Bureau of Investigation undertakes investigative activities to determine the source of the loss or compromise, the Federal Bureau of Investigation is given complete and timely access to the employees and records of the department or agency concerned for purposes of such investigative activities. (2) Except as provided in paragraph (5), the Director of the Federal Bureau of Investigation shall ensure that espionage information obtained by the Federal Bureau of Investigation pertaining to the personnel, operations, or information of departments or agencies of the executive branch, is provided through appropriate channels in a timely manner to the department or agency concerned, and that such departments or agencies are consulted in a timely manner with respect to espionage investigations undertaken by the Federal Bureau of Investigation which involve the personnel, operations, or information of such department or agency. (3)(A) The Director of the Federal Bureau of Investigation shall submit to the head of the department or agency concerned a written assessment of the potential impact of the actions of the department or agency on a counterintelligence investigation. (B) The head of the department or agency concerned shall - (i) use an assessment under subparagraph (A) as an aid in determining whether, and under what circumstances, the subject of an investigation under paragraph (1) should be left in place for investigative purposes; and (ii) notify in writing the Director of the Federal Bureau of Investigation of such determination. (C) The Director of the Federal Bureau of Investigation and the head of the department or agency concerned shall continue to consult, as appropriate, to review the status of an investigation covered by this paragraph, and to reassess, as appropriate, a determination of the head of the department or agency concerned to leave a subject in place for investigative purposes. (4)(A) The Federal Bureau of Investigation shall notify appropriate officials within the executive branch, including the head of the department or agency concerned, of the commencement of a full field espionage investigation with respect to an employee within the executive branch. (B) A department or agency may not conduct a polygraph examination, interrogate, or otherwise take any action that is likely to alert an employee covered by a notice under subparagraph (A) of an investigation described in that subparagraph without prior coordination and consultation with the Federal Bureau of Investigation. (5) Where essential to meet extraordinary circumstances affecting vital national security interests of the United States, the President may on a case-by-case basis waive the requirements of paragraph (1), (2), or (3), as they apply to the head of a particular department or agency, or the Director of the Federal Bureau of Investigation. Such waiver shall be in writing and shall fully state the justification for such waiver. Within thirty days, the President shall notify the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives that such waiver has been issued, and at that time or as soon as national security considerations permit, provide these committees with a complete explanation of the circumstances which necessitated such waiver. (6) Nothing in this section may be construed to alter the existing jurisdictional arrangements between the Federal Bureau of Investigation and the Department of Defense with respect to investigations of persons subject to the Uniform Code of Military Justice, nor to impose additional reporting requirements upon the Department of Defense with respect to such investigations beyond those required by existing law and executive branch policy. (7) As used in this section, the terms "foreign power" and "agent of a foreign power" have the same meanings as set forth in sections (!1) 1801(a) and (b), respectively, of this title. -SOURCE- (Pub. L. 103-359, title VIII, Sec. 811, Oct. 14, 1994, 108 Stat. 3455; Pub. L. 106-120, title VI, Sec. 602, Dec. 3, 1999, 113 Stat. 1620; Pub. L. 106-567, title VI, Sec. 605, Dec. 27, 2000, 114 Stat. 2853; Pub. L. 107-306, title VIII, Sec. 811(b)(5)(B), title IX, Sec. 903, Nov. 27, 2002, 116 Stat. 2424, 2433; Pub. L. 108-177, title III, Sec. 361(g), Dec. 13, 2003, 117 Stat. 2625; Pub. L. 108- 458, title I, Sec. 1071(g)(1), Dec. 17, 2004, 118 Stat. 3691.) -REFTEXT- REFERENCES IN TEXT The Counterintelligence Enhancement Act of 2002, referred to in subsec. (d)(1)(B)(i), is title IX of Pub. L. 107-306, Nov. 27, 2002, 116 Stat. 2432, which enacted sections 402b and 402c of this title, amended this section, and enacted provisions set out as a note under section 402b of this title. For complete classification of this Act to the Code, see Short Title of 2002 Amendment note set out under section 401 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Counterintelligence and Security Enhancements Act of 1994 and also as part of the Intelligence Authorization Act for Fiscal Year 1995, and not as part of the National Security Act of 1947 which comprises this chapter. -MISC1- AMENDMENTS 2004 - Subsec. (c)(6)(C). Pub. L. 108-458, which directed amendment of subsec. (c)(6)(C) by substituting "Director of National Intelligence" for "Director of Central Intelligence", could not be executed because of the amendments by Pub. L. 107-306, Sec. 903(a)(2), and Pub. L. 108-177. See 2002 and 2003 Amendment notes below. 2003 - Subsec. (e). Pub. L. 108-177, which directed the amendment of subsec. (c) by redesignating pars. (7) and (8) as (6) and (7), respectively, and striking out former par. (6), was executed by making the amendment to subsec. (e) to reflect the probable intent of Congress and the redesignation of subsec. (c) as (e) by Pub. L. 107-306, Sec. 903(a)(2), see below. Prior to amendment, par. (6) read as follows: "(6)(A) Not later each year than the date provided in section 415b of this title, the Director of the Federal Bureau of Investigation shall submit to the congressional intelligence committees (as defined in section 401a of this title) a report with respect to compliance with paragraphs (1) and (2) during the previous calendar year. "(B) Not later than February 1 each year, the Director shall, in accordance with applicable security procedures, submit to the Committees on the Judiciary of the Senate and House of Representatives a report with respect to compliance with paragraphs (1) and (2) during the previous calendar year. "(C) The Director of the Federal Bureau of Investigation shall submit each report under this paragraph in consultation with the Director of Central Intelligence and the Secretary of Defense." 2002 - Subsec. (b). Pub. L. 107-306, Sec. 903(a)(1), (3), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: "The Board shall serve as the principal mechanism for - "(1) developing policies and procedures for the approval of the President to govern the conduct of counterintelligence activities; and "(2) resolving conflicts, as directed by the President, which may arise between elements of the Government which carry out such activities." Subsec. (c). Pub. L. 107-306, Sec. 903(b), added subsec. (c). Former subsec. (c) redesignated (e). Subsec. (c)(6). Pub. L. 107-306, Sec. 811(b)(5)(B), amended par. (6) generally. Prior to amendment, par. (6) read as follows: "The Director of the Federal Bureau of Investigation shall, in consultation with the Director of Central Intelligence and the Secretary of Defense, report annually, beginning on February 1, 1995, and continuing each year thereafter, to the Select Committee on Intelligence of the Senate and to the Permanent Select Committee on Intelligence of the House of Representatives and, in accordance with applicable security procedures, the Committees on the Judiciary of the House of Representatives and the Senate with respect to compliance with paragraphs (1) and (2) during the previous calendar year." Subsec. (d). Pub. L. 107-306, Sec. 903(c), added subsec. (d). Subsec. (e). Pub. L. 107-306, Sec. 903(a)(2), redesignated subsec. (c) as (e). 2000 - Subsec. (c)(1). Pub. L. 106-567, Sec. 605(a)(1), substituted "paragraph (5)" for "paragraph (3)". Subsec. (c)(2). Pub. L. 106-567, Sec. 605(a)(1), (b), substituted "paragraph (5)" for "paragraph (3)" and inserted "in a timely manner" after "through appropriate channels" and "are consulted". Subsec. (c)(3). Pub. L. 106-567, Sec. 605(a)(3), added par. (3). Former par. (3) redesignated (5). Subsec. (c)(4). Pub. L. 106-567, Sec. 605(a), (c), added par. (4). Former par. (4) redesignated (6). Subsec. (c)(5). Pub. L. 106-567, Sec. 605(a)(2), (4), redesignated par. (3) as (5) and substituted "paragraph (1), (2), or (3)" for "paragraph (1) or (2)". Former par. (5) redesignated (7). Subsec. (c)(6) to (8). Pub. L. 106-567, Sec. 605(a)(2), redesignated pars. (4) to (6) as (6) to (8), respectively. 1999 - Subsec. (c)(2). Pub. L. 106-120 struck out "after a report has been provided pursuant to paragraph (1)(A)" before period at end. EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108-458 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 401 of this title. Amendment by Pub. L. 108-458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108-458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of this title. EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108-177 effective Dec. 31, 2003, see section 361(n) of Pub. L. 108-177, set out as a note under section 1611 of Title 10, Armed Forces. ANNUAL REPORTS ON INTELLIGENCE ACTIVITIES OF THE PEOPLE'S REPUBLIC OF CHINA Pub. L. 105-107, title III, Sec. 308, Nov. 20, 1997, 111 Stat. 2253, as amended by Pub. L. 107-306, title VIII, Sec. 811(b)(5)(D), Nov. 27, 2002, 116 Stat. 2424, related to annual reports to Congress by the Director of Central Intelligence and the Director of the Federal Bureau of Investigation on intelligence activities of the People's Republic of China directed against or affecting the interests of the United States, prior to repeal by Pub. L. 108-177, title III, Sec. 361(f), Dec. 13, 2003, 117 Stat. 2625. -FOOTNOTE- (!1) So in original. Probably should be "section". -End- -CITE- 50 USC Sec. 402b 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 402b. National Counterintelligence Executive -STATUTE- (a) Establishment (1) There shall be a National Counterintelligence Executive, who shall be appointed by the Director of National Intelligence. (2) It is the sense of Congress that the Director of National Intelligence should seek the views of the Attorney General, Secretary of Defense, and Director of the Central Intelligence Agency in selecting an individual for appointment as the Executive. (b) Mission The mission of the National Counterintelligence Executive shall be to serve as the head of national counterintelligence for the United States Government. (c) Duties Subject to the direction and control of the Director of National Intelligence, the duties of the National Counterintelligence Executive are as follows: (1) To carry out the mission referred to in subsection (b) of this section. (2) To act as chairperson of the National Counterintelligence Policy Board under section 402a of this title. (3) To act as head of the Office of the National Counterintelligence Executive under section 402c of this title. (4) To participate as an observer on such boards, committees, and entities of the executive branch as the Director of National Intelligence considers appropriate for the discharge of the mission and functions of the Executive and the Office of the National Counterintelligence Executive under section 402c of this title. -SOURCE- (Pub. L. 107-306, title IX, Sec. 902, Nov. 27, 2002, 116 Stat. 2432; Pub. L. 108-458, title I, Sec. 1072(d)(1)(B), Dec. 17, 2004, 118 Stat. 3693.) -COD- CODIFICATION Section was enacted as part of the Counterintelligence Enhancement Act of 2002, and also as part of the Intelligence Authorization Act for Fiscal Year 2003, and not as part of the National Security Act of 1947 which comprises this chapter. -MISC1- AMENDMENTS 2004 - Subsec. (a)(1). Pub. L. 108-458, Sec. 1072(d)(1)(B)(i), substituted "Director of National Intelligence" for "President". Subsec. (a)(2). Pub. L. 108-458, Sec. 1072(d)(1)(B), substituted "Director of National Intelligence" for "President" and "Director of the Central Intelligence Agency" for "Director of Central Intelligence". Subsec. (c). Pub. L. 108-458, Sec. 1072(d)(1)(B)(i), substituted "Director of National Intelligence" for "President" in two places. EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108-458 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 401 of this title. Amendment by Pub. L. 108-458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108-458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of this title. PURPOSE Pub. L. 107-306, title IX, Sec. 901(b), Nov. 27, 2002, 116 Stat. 2432, provided that: "The purpose of this title [enacting this section and section 402c of this title, amending section 402a of this title, and enacting provisions set out as a note under section 401 of this title] is to facilitate the enhancement of the counterintelligence activities of the United States Government by - "(1) enabling the counterintelligence community of the United States Government to fulfill better its mission of identifying, assessing, prioritizing, and countering the intelligence threats to the United States; "(2) ensuring that the counterintelligence community of the United States Government acts in an efficient and effective manner; and "(3) providing for the integration of all the counterintelligence activities of the United States Government." -End- -CITE- 50 USC Sec. 402c 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 402c. Office of the National Counterintelligence Executive -STATUTE- (a) Establishment There shall be an Office of the National Counterintelligence Executive. (b) Head of Office The National Counterintelligence Executive shall be the head of the Office of the National Counterintelligence Executive. (c) Location of Office The Office of the National Counterintelligence Executive shall be located in the Office of the Director of National Intelligence. (d) General Counsel (1) There shall be in the Office of the National Counterintelligence Executive a general counsel who shall serve as principal legal advisor to the National Counterintelligence Executive. (2) The general counsel shall - (A) provide legal advice and counsel to the Executive on matters relating to functions of the Office; (B) ensure that the Office complies with all applicable laws, regulations, Executive orders, and guidelines; and (C) carry out such other duties as the Executive may specify. (e) Functions Subject to the direction and control of the National Counterintelligence Executive, the functions of the Office of the National Counterintelligence Executive shall be as follows: (1) National threat identification and prioritization assessment Subject to subsection (f) of this section, in consultation with appropriate department and agencies of the United States Government, and private sector entities, to produce on an annual basis a strategic planning assessment of the counterintelligence requirements of the United States to be known as the National Threat Identification and Prioritization Assessment. (2) National Counterintelligence Strategy Subject to subsection (f) of this section, in consultation with appropriate department and agencies of the United States Government, and private sector entities, and based on the most current National Threat Identification and Prioritization Assessment under paragraph (1), to produce on an annual basis a strategy for the counterintelligence programs and activities of the United States Government to be known as the National Counterintelligence Strategy. (3) Implementation of National Counterintelligence Strategy To evaluate on an ongoing basis the implementation of the National Counterintelligence Strategy and to submit to the President periodic reports on such evaluation, including a discussion of any shortfalls in the implementation of the Strategy and recommendations for remedies for such shortfalls. (4) National counterintelligence strategic analyses As directed by the Director of National Intelligence and in consultation with appropriate elements of the departments and agencies of the United States Government, to oversee and coordinate the production of strategic analyses of counterintelligence matters, including the production of counterintelligence damage assessments and assessments of lessons learned from counterintelligence activities. (5) National counterintelligence program budget In consultation with the Director of National Intelligence - (A) to coordinate the development of budgets and resource allocation plans for the counterintelligence programs and activities of the Department of Defense, the Federal Bureau of Investigation, the Central Intelligence Agency, and other appropriate elements of the United States Government; (B) to ensure that the budgets and resource allocation plans developed under subparagraph (A) address the objectives and priorities for counterintelligence under the National Counterintelligence Strategy; and (C) to submit to the National Security Council periodic reports on the activities undertaken by the Office under subparagraphs (A) and (B). (6) National counterintelligence collection and targeting coordination To develop priorities for counterintelligence investigations and operations, and for collection of counterintelligence, for purposes of the National Counterintelligence Strategy, except that the Office may not - (A) carry out any counterintelligence investigations or operations; or (B) establish its own contacts, or carry out its own activities, with foreign intelligence services. (7) National counterintelligence outreach, watch, and warning (A) Counterintelligence vulnerability surveys To carry out and coordinate surveys of the vulnerability of the United States Government, and the private sector, to intelligence threats in order to identify the areas, programs, and activities that require protection from such threats. (B) Outreach To carry out and coordinate outreach programs and activities on counterintelligence to other elements of the United States Government, and the private sector, and to coordinate the dissemination to the public of warnings on intelligence threats to the United States. (C) Research and development To ensure that research and development programs and activities of the United States Government, and the private sector, direct attention to the needs of the counterintelligence community for technologies, products, and services. (D) Training and professional development To develop policies and standards for training and professional development of individuals engaged in counterintelligence activities and to manage the conduct of joint training exercises for such personnel. (f) Additional requirements regarding National Threat Identification and Prioritization Assessment and National Counterintelligence Strategy (1) A National Threat Identification and Prioritization Assessment under subsection (e)(1) of this section, and any modification of such assessment, shall not go into effect until approved by the President. (2) A National Counterintelligence Strategy under subsection (e)(2) of this section, and any modification of such strategy, shall not go into effect until approved by the President. (3) The National Counterintelligence Executive shall submit to the congressional intelligence committees each National Threat Identification and Prioritization Assessment, or modification thereof, and each National Counterintelligence Strategy, or modification thereof, approved under this section. (4) In this subsection, the term "congressional intelligence committees" means - (A) the Select Committee on Intelligence of the Senate; and (B) the Permanent Select Committee on Intelligence of the House of Representatives. (g) Personnel (1) Personnel of the Office of the National Counterintelligence Executive may consist of personnel employed by the Office or personnel on detail from any other department, agency, or element of the Federal Government. Any such detail may be on a reimbursable or nonreimbursable basis, at the election of the head of the agency detailing such personnel. (2) Notwithstanding section 104(d) (!1) or any other provision of law limiting the period of the detail of personnel on a nonreimbursable basis, the detail of an officer or employee of United States or a member of the Armed Forces under paragraph (1) on a nonreimbursable basis may be for any period in excess of one year that the National Counterintelligence Executive and the head of the department, agency, or element concerned consider appropriate. (3) The employment of personnel by the Office, including the appointment, compensation and benefits, management, and separation of such personnel, shall be governed by the provisions of law on such matters with respect to the personnel of the Central Intelligence Agency, except that, for purposes of the applicability of such provisions of law to personnel of the Office, the National Counterintelligence Executive shall be treated as the head of the Office. (4) Positions in the Office shall be excepted service positions for purposes of title 5. (h) Support (1) The Attorney General, Secretary of Defense, and Director of National Intelligence may each provide the Office of the National Counterintelligence Executive such support as may be necessary to permit the Office to carry out its functions under this section. (2) Subject to any terms and conditions specified by the Director of National Intelligence, the Director may provide administrative and contract support to the Office as if the Office were an element of the Central Intelligence Agency. (3) Support provided under this subsection may be provided on a reimbursable or nonreimbursable basis, at the election of the official providing such support. (i) Availability of funds for reimbursement The National Counterintelligence Executive may, from amounts available for the Office, transfer to a department or agency detailing personnel under subsection (g) of this section, or providing support under subsection (h) of this section, on a reimbursable basis amounts appropriate to reimburse such department or agency for the detail of such personnel or the provision of such support, as the case may be. (j) Contracts (1) Subject to paragraph (2), the National Counterintelligence Executive may enter into any contract, lease, cooperative agreement, or other transaction that the Executive considers appropriate to carry out the functions of the Office of the National Counterintelligence Executive under this section. (2) The authority under paragraph (1) to enter into contracts, leases, cooperative agreements, and other transactions shall be subject to any terms, conditions, and limitations applicable to the Central Intelligence Agency under law with respect to similar contracts, leases, cooperative agreements, and other transactions. (k) Treatment of activities under certain administrative laws The files of the Office shall be treated as operational files of the Central Intelligence Agency for purposes of section 701 of the National Security Act of 1947 (50 U.S.C. 431) to the extent such files meet criteria under subsection (b) of that section for treatment of files as operational files of an element of the Agency. (l) Oversight by Congress The location of the Office of the National Counterintelligence Executive within the Office of the Director of National Intelligence shall not be construed as affecting access by Congress, or any committee of Congress, to - (1) any information, document, record, or paper in the possession of the Office; or (2) any personnel of the Office. (m) Construction Nothing in this section shall be construed as affecting the authority of the Director of National Intelligence, the Secretary of Defense, the Secretary of State, the Attorney General, or the Director of the Federal Bureau of Investigation as provided or specified under the National Security Act of 1947 or under other provisions of law. -SOURCE- (Pub. L. 107-306, title IX, Sec. 904, Nov. 27, 2002, 116 Stat. 2434; Pub. L. 108-458, title I, Secs. 1071(g)(2)(B), 1072(d)(1)(C), Dec. 17, 2004, 118 Stat. 3691, 3693.) -REFTEXT- REFERENCES IN TEXT Section 104(d), referred to in subsec. (g)(2), is section 104(d) of Pub. L. 107-306, title I, Nov. 27, 2002, 116 Stat. 2387, which is not classified to the Code. The National Security Act of 1947, referred to in subsec. (m), is act July 26, 1947, ch. 343, 61 Stat. 495, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 401 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Counterintelligence Enhancement Act of 2002, and also as part of the Intelligence Authorization Act for Fiscal Year 2003, and not as part of the National Security Act of 1947 which comprises this chapter. -MISC1- AMENDMENTS 2004 - Subsec. (c). Pub. L. 108-458, Sec. 1072(d)(1)(C)(i), substituted "Office of the Director of National Intelligence" for "Office of the Director of Central Intelligence". Subsec. (e)(4). Pub. L. 108-458, Sec. 1071(g)(2)(B)(i), substituted "Director of National Intelligence" for "Director of Central Intelligence". Subsec. (e)(5). Pub. L. 108-458, Sec. 1071(g)(2)(B)(ii), substituted "Director of National Intelligence" for "Director of Central Intelligence" in introductory provisions. Subsec. (h)(1), (2). Pub. L. 108-458, Sec. 1071(g)(2)(B)(iii), substituted "Director of National Intelligence" for "Director of Central Intelligence". Subsec. (l). Pub. L. 108-458, Sec. 1072(d)(1)(C)(ii), substituted "Office of the Director of National Intelligence" for "Office of the Director of Central Intelligence" in introductory provisions. Subsec. (m). Pub. L. 108-458, Sec. 1071(g)(2)(B)(iv), substituted "Director of National Intelligence" for "Director of Central Intelligence". EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108-458 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 401 of this title. Amendment by Pub. L. 108-458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108-458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of this title. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 50 USC Sec. 403 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403. Director of National Intelligence -STATUTE- (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. -SOURCE- (July 26, 1947, ch. 343, title I, Sec. 102, as added Pub. L. 108- 458, title I, Sec. 1011(a), Dec. 17, 2004, 118 Stat. 3644.) -REFTEXT- REFERENCES IN TEXT Section 1018 of the National Security Intelligence Reform Act of 2004, referred to in subsec. (b)(3), is section 1018 of Pub. L. 108- 458, which is set out as a note below. -MISC1- PRIOR PROVISIONS A prior section 403, act July 26, 1947, ch. 343, title I, Sec. 102, as added and amended Pub. L. 104-293, title VIII, Secs. 805(a), 809(a), 810, 811, Oct. 11, 1996, 110 Stat. 3477, 3481, 3482; Pub. L. 105-107, title IV, Sec. 405, Nov. 20, 1997, 111 Stat. 2261; Pub. L. 105-272, title III, Sec. 306, Oct. 20, 1998, 112 Stat. 2401, related to Office of the Director of Central Intelligence prior to repeal by Pub. L. 108-458, title I, Secs. 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 403-4a of this title. Another prior section 403, acts July 26, 1947, ch. 343, title I, Sec. 102, 61 Stat. 497; Apr. 4, 1953, ch. 16, 67 Stat. 19; Oct. 24, 1992, Pub. L. 102-496, title VII, Sec. 704, 106 Stat. 3189; Jan. 6, 1996, Pub. L. 104-93, title VII, Sec. 701, 109 Stat. 977; Feb. 10, 1996, Pub. L. 104-106, div. A, title V, Sec. 570, 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. 104-293, title VIII, Sec. 805(a), Oct. 11, 1996, 110 Stat. 3477. EFFECTIVE DATE For 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 401 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. 108-458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of this title. PRESIDENTIAL GUIDELINES ON IMPLEMENTATION AND PRESERVATION OF AUTHORITIES Pub. L. 108-458, title I, Sec. 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 Short Title of 2004 Amendment note set out under section 401 of this title] 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." IMPROVEMENT OF EQUALITY OF EMPLOYMENT OPPORTUNITIES IN THE INTELLIGENCE COMMUNITY Pub. L. 108-177, title III, Sec. 319, Dec. 13, 2003, 117 Stat. 2614, as amended by Pub. L. 108-458, title I, Sec. 1071(g)(3)(A)(iv), (B), Dec. 17, 2004, 118 Stat. 3692, provided that: "(a) Findings. - Congress makes the following findings: "(1) It is the recommendation of the Joint Inquiry of the Senate Select Committee on Intelligence and the House Permanent Select Committee on Intelligence into Intelligence Community Activities Before and After the Terrorist Attacks of September 11, 2001, that the Intelligence Community should enhance recruitment of a more ethnically and culturally diverse workforce and devise a strategy to capitalize upon the unique cultural and linguistic capabilities of first generation Americans. "(2) The Intelligence Community could greatly benefit from an increased number of employees who are proficient in foreign languages and knowledgeable of world cultures, especially in foreign languages that are critical to the national security interests of the United States. Particular emphasis should be given to the recruitment of United States citizens whose linguistic capabilities are acutely required for the improvement of the overall intelligence collection and analysis effort of the United States Government. "(3) The Intelligence Community has a significantly lower percentage of women and minorities than the total workforce of the Federal government and the total civilian labor force. "(4) Women and minorities continue to be under-represented in senior grade levels, and in core mission areas, of the intelligence community. "(b) Pilot Project To Promote Equality of Employment Opportunities for Women and Minorities Throughout the Intelligence Community Using Innovative Methodologies. - The Director of National Intelligence shall carry out a pilot project under this section to test and evaluate alternative, innovative methods to promote equality of employment opportunities in the intelligence community for women, minorities, and individuals with diverse ethnic and cultural backgrounds, skills, language proficiency, and expertise. "(c) Methods. - In carrying out the pilot project, the Director shall employ methods to increase diversity of officers and employees in the intelligence community. "(d) Duration of Project. - The Director shall carry out the project under this section for a 3-year period. "(e) Report. - Not later than 2 years after the date the Director implements the pilot project under this section, the Director shall submit to Congress a report on the project. The report shall include - "(1) an assessment of the effectiveness of the project; and "(2) recommendations on the continuation of the project, as well recommendations as for improving the effectiveness of the project in meeting the goals of promoting equality of employment opportunities in the intelligence community for women, minorities, and individuals with diverse ethnic and cultural backgrounds, skills, language proficiency, and expertise. "(f) Diversity Plan. - (1) Not later than February 15, 2004, the Director of Central Intelligence shall submit to Congress a report which describes the plan of the Director, entitled the 'DCI Diversity Strategic Plan', and any subsequent revision to that plan, to increase diversity of officers and employees in the intelligence community, including the short- and long-term goals of the plan. The report shall also provide a detailed description of the progress that has been made by each element of the intelligence community in implementing the plan. "(2) In implementing the plan, the Director of National Intelligence shall incorporate innovative methods for recruitment and hiring that the Director has determined to be effective from the pilot project carried out under this section. "(g) Intelligence Community Defined. - In this section, the term 'intelligence community' has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401(4) [401a(4)])." REPORT ON LESSONS LEARNED FROM MILITARY OPERATIONS IN IRAQ Pub. L. 108-177, title III, Sec. 357, Dec. 13, 2003, 117 Stat. 2621, as amended by Pub. L. 108-458, title I, Sec. 1071(g)(3)(A)(vi), Dec. 17, 2004, 118 Stat. 3692, provided that: "(a) Report. - As soon as possible, but not later than one year after the date of the enactment of this Act [Dec. 13, 2003], the Director of National Intelligence shall submit to the appropriate committees of Congress a report on the intelligence lessons learned as a result of Operation Iraqi Freedom, including lessons relating to the following: "(1) The tasking, collection, processing, exploitation, analysis, and dissemination of intelligence. "(2) The accuracy, timeliness, and objectivity of intelligence analysis. "(3) The intelligence support available to policymakers and members of the Armed Forces in combat. "(4) The coordination of intelligence activities and operations with military operations. "(5) The strengths and limitations of intelligence systems and equipment. "(6) Such other matters as the Director considers appropriate. "(b) Recommendations. - The report under subsection (a) shall include such recommendations on improvement in the matters described in subsection (a) as the Director considers appropriate. "(c) Appropriate Committees of Congress Defined. - In this section, the term 'appropriate committees of Congress' means - "(1) the Permanent Select Committee on Intelligence and the Committee on Armed Services of the House of Representatives; and "(2) the Select Committee on Intelligence and the Committee on Armed Services of the Senate." CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM Pub. L. 88-643, Oct. 13, 1964, 78 Stat. 1043, as amended by Pub. L. 90-539, Sept. 30, 1968, 82 Stat. 902; Pub. L. 91-185, Dec. 30, 1969, 83 Stat. 847; Pub. L. 91-626, Secs. 1-6, Dec. 31, 1970, 84 Stat. 1872-1874; Pub. L. 93-31, May 8, 1973, 87 Stat. 65; Pub. L. 93-210, Sec. 1(a), Dec. 28, 1973, 87 Stat. 908; Pub. L. 94-361, title VIII, Sec. 801(b), July 14, 1976, 90 Stat. 929; Pub. L. 94- 522, title I, Secs. 101, 102, title II, Secs. 201-213, Oct. 17, 1976, 90 Stat. 2467-2471; Ex. Ord. No. 12273, Jan. 16, 1981, 46 F.R. 5854; Ex. Ord. No. 12326, Sept. 30, 1981, 46 F.R. 48889; Pub. L. 97-269, title VI, Secs. 602-611, Sept. 27, 1982, 96 Stat. 1145- 1148, 1152-1153; Ex. Ord. No. 12443, Sept. 27, 1983, 48 F.R. 44751; Ex. Ord. No. 12485, July 13, 1984, 49 F.R. 28827; Pub. L. 98- 618, title III, Sec. 302, Nov. 8, 1984, 98 Stat. 3300; Pub. L. 99- 169, title VII, Sec. 702, Dec. 4, 1985, 99 Stat. 1008; Pub. L. 99- 335, title V, Secs. 501-506, June 6, 1986, 100 Stat. 622-624; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99-569, title III, Sec. 302(a), Oct. 27, 1986, 100 Stat. 3192; Pub. L. 100- 178, title IV, Secs. 401(a), 402(a), (b)(1), (2), Dec. 2, 1987, 101 Stat. 1012-1014; Pub. L. 100-453, title III, Sec. 302(a), (b)(1), (c)(1), (d)(1), (2), title V, Sec. 502, Sept. 29, 1988, 102 Stat. 1906, 1907, 1909; Pub. L. 101-193, title III, Secs. 302- 304(a), 307(b), Nov. 30, 1989, 103 Stat. 1703, 1707; Pub. L. 102- 83, Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-88, title III, Secs. 302-305(a), 306-307(b), Aug. 14, 1991, 105 Stat. 431-433; Pub. L. 102-183, title III, Secs. 302(a)-(c), 303(a), 304- 306(b), 307, 309(a), 310(a), Dec. 4, 1991, 105 Stat. 1262-1266; Pub. L. 102-496, title III, Sec. 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. 102- 496, title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3196. As so revised, Pub. L. 88-643, now known as the Central Intelligence Agency Retirement Act, has been transferred to chapter 38 (Sec. 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. -EXEC- EXECUTIVE ORDER NO. 10656 Ex. Ord. No. 10656, Feb. 6, 1956, 21 F.R. 859, which established the President's 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 President's 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 President's 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 PRESIDENT'S 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 President's 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 President's 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 President's Foreign Intelligence Advisory Board, was revoked by Ex. Ord. No. 12863, Sec. 3.3, Sept. 13, 1993, 58 F.R. 48441, set out as a note under section 401 of this title. -End- -CITE- 50 USC Sec. 403-1 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403-1. Responsibilities and authorities of the Director of National Intelligence -STATUTE- (a) Provision of intelligence (1) The Director of National Intelligence shall be responsible for ensuring that national intelligence is provided - (A) to the President; (B) to the heads of departments and agencies of the executive branch; (C) to the Chairman of the Joint Chiefs of Staff and senior military commanders; (D) to the Senate and House of Representatives and the committees thereof; and (E) to such other persons as the Director of National Intelligence determines to be appropriate. (2) Such national intelligence should be timely, objective, independent of political considerations, and based upon all sources available to the intelligence community and other appropriate entities. (b) Access to intelligence Unless otherwise directed by the President, the Director of National Intelligence shall have access to all national intelligence and intelligence related to the national security which is collected by any Federal department, agency, or other entity, except as otherwise provided by law or, as appropriate, under guidelines agreed upon by the Attorney General and the Director of National Intelligence. (c) Budget authorities (1) With respect to budget requests and appropriations for the National Intelligence Program, the Director of National Intelligence shall - (A) based on intelligence priorities set by the President, provide to the heads of departments containing agencies or organizations within the intelligence community, and to the heads of such agencies and organizations, guidance for developing the National Intelligence Program budget pertaining to such agencies and organizations; (B) based on budget proposals provided to the Director of National Intelligence by the heads of agencies and organizations within the intelligence community and the heads of their respective departments and, as appropriate, after obtaining the advice of the Joint Intelligence Community Council, develop and determine an annual consolidated National Intelligence Program budget; and (C) present such consolidated National Intelligence Program budget, together with any comments from the heads of departments containing agencies or organizations within the intelligence community, to the President for approval. (2) In addition to the information provided under paragraph (1)(B), the heads of agencies and organizations within the intelligence community shall provide the Director of National Intelligence such other information as the Director shall request for the purpose of determining the annual consolidated National Intelligence Program budget under that paragraph. (3)(A) The Director of National Intelligence shall participate in the development by the Secretary of Defense of the annual budgets for the Joint Military Intelligence Program and for Tactical Intelligence and Related Activities. (B) The Director of National Intelligence shall provide guidance for the development of the annual budget for each element of the intelligence community that is not within the National Intelligence Program. (4) The Director of National Intelligence shall ensure the effective execution of the annual budget for intelligence and intelligence-related activities. (5)(A) The Director of National Intelligence shall be responsible for managing appropriations for the National Intelligence Program by directing the allotment or allocation of such appropriations through the heads of the departments containing agencies or organizations within the intelligence community and the Director of the Central Intelligence Agency, with prior notice (including the provision of appropriate supporting information) to the head of the department containing an agency or organization receiving any such allocation or allotment or the Director of the Central Intelligence Agency. (B) Notwithstanding any other provision of law, pursuant to relevant appropriations Acts for the National Intelligence Program, the Director of the Office of Management and Budget shall exercise the authority of the Director of the Office of Management and Budget to apportion funds, at the exclusive direction of the Director of National Intelligence, for allocation to the elements of the intelligence community through the relevant host executive departments and the Central Intelligence Agency. Department comptrollers or appropriate budget execution officers shall allot, allocate, reprogram, or transfer funds appropriated for the National Intelligence Program in an expeditious manner. (C) The Director of National Intelligence shall monitor the implementation and execution of the National Intelligence Program by the heads of the elements of the intelligence community that manage programs and activities that are part of the National Intelligence Program, which may include audits and evaluations. (6) Apportionment and allotment of funds under this subsection shall be subject to chapter 13 and section 1517 of title 31 and the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.). (7)(A) The Director of National Intelligence shall provide a semi- annual report, beginning April 1, 2005, and ending April 1, 2007, to the President and the Congress regarding implementation of this section. (B) The Director of National Intelligence shall report to the President and the Congress not later than 15 days after learning of any instance in which a departmental comptroller acts in a manner inconsistent with the law (including permanent statutes, authorization Acts, and appropriations Acts), or the direction of the Director of National Intelligence, in carrying out the National Intelligence Program. (d) Role of Director of National Intelligence in transfer and reprogramming of funds (1)(A) No funds made available under the National Intelligence Program may be transferred or reprogrammed without the prior approval of the Director of National Intelligence, except in accordance with procedures prescribed by the Director of National Intelligence. (B) The Secretary of Defense shall consult with the Director of National Intelligence before transferring or reprogramming funds made available under the Joint Military Intelligence Program. (2) Subject to the succeeding provisions of this subsection, the Director of National Intelligence may transfer or reprogram funds appropriated for a program within the National Intelligence Program to another such program. (3) The Director of National Intelligence may only transfer or reprogram funds referred to in subparagraph (A) - (!1) (A) with the approval of the Director of the Office of Management and Budget; and (B) after consultation with the heads of departments containing agencies or organizations within the intelligence community to the extent such agencies or organizations are affected, and, in the case of the Central Intelligence Agency, after consultation with the Director of the Central Intelligence Agency. (4) The amounts available for transfer or reprogramming in the National Intelligence Program in any given fiscal year, and the terms and conditions governing such transfers and reprogrammings, are subject to the provisions of annual appropriations Acts and this subsection. (5)(A) A transfer or reprogramming of funds or personnel may be made under this subsection only if - (i) the funds are being transferred to an activity that is a higher priority intelligence activity; (ii) the transfer or reprogramming supports an emergent need, improves program effectiveness, or increases efficiency; (iii) the transfer or reprogramming does not involve a transfer or reprogramming of funds to a Reserve for Contingencies of the Director of National Intelligence or the Reserve for Contingencies of the Central Intelligence Agency; (iv) the transfer or reprogramming results in a cumulative transfer or reprogramming of funds out of any department or agency, as appropriate, funded in the National Intelligence Program in a single fiscal year - (I) that is less than $150,000,000, and (II) that is less than 5 percent of amounts available to a department or agency under the National Intelligence Program; and (v) the transfer or reprogramming does not terminate an acquisition program. (B) A transfer or reprogramming may be made without regard to a limitation set forth in clause (iv) or (v) of subparagraph (A) if the transfer has the concurrence of the head of the department involved or the Director of the Central Intelligence Agency (in the case of the Central Intelligence Agency). The authority to provide such concurrence may only be delegated by the head of the department or agency involved to the deputy of such officer. (6) Funds transferred or reprogrammed under this subsection shall remain available for the same period as the appropriations account to which transferred or reprogrammed. (7) Any transfer or reprogramming of funds under this subsection shall be carried out in accordance with existing procedures applicable to reprogramming notifications for the appropriate congressional committees. Any proposed transfer or reprogramming for which notice is given to the appropriate congressional committees shall be accompanied by a report explaining the nature of the proposed transfer or reprogramming and how it satisfies the requirements of this subsection. In addition, the congressional intelligence committees shall be promptly notified of any transfer or reprogramming of funds made pursuant to this subsection in any case in which the transfer or reprogramming would not have otherwise required reprogramming notification under procedures in effect as of December 17, 2004. (e) Transfer of personnel (1)(A) In addition to any other authorities available under law for such purposes, in the first twelve months after establishment of a new national intelligence center, the Director of National Intelligence, with the approval of the Director of the Office of Management and Budget and in consultation with the congressional committees of jurisdiction referred to in subparagraph (B), may transfer not more than 100 personnel authorized for elements of the intelligence community to such center. (B) The Director of National Intelligence shall promptly provide notice of any transfer of personnel made pursuant to this paragraph to - (i) the congressional intelligence committees; (ii) the Committees on Appropriations of the Senate and the House of Representatives; (iii) in the case of the transfer of personnel to or from the Department of Defense, the Committees on Armed Services of the Senate and the House of Representatives; and (iv) in the case of the transfer of personnel to or from the Department of Justice, to the Committees on the Judiciary of the Senate and the House of Representatives. (C) The Director shall include in any notice under subparagraph (B) an explanation of the nature of the transfer and how it satisfies the requirements of this subsection. (2)(A) The Director of National Intelligence, with the approval of the Director of the Office of Management and Budget and in accordance with procedures to be developed by the Director of National Intelligence and the heads of the departments and agencies concerned, may transfer personnel authorized for an element of the intelligence community to another such element for a period of not more than 2 years. (B) A transfer of personnel may be made under this paragraph only if - (i) the personnel are being transferred to an activity that is a higher priority intelligence activity; and (ii) the transfer supports an emergent need, improves program effectiveness, or increases efficiency. (C) The Director of National Intelligence shall promptly provide notice of any transfer of personnel made pursuant to this paragraph to - (i) the congressional intelligence committees; (ii) in the case of the transfer of personnel to or from the Department of Defense, the Committees on Armed Services of the Senate and the House of Representatives; and (iii) in the case of the transfer of personnel to or from the Department of Justice, to the Committees on the Judiciary of the Senate and the House of Representatives. (D) The Director shall include in any notice under subparagraph (C) an explanation of the nature of the transfer and how it satisfies the requirements of this paragraph. (3) It is the sense of Congress that - (A) the nature of the national security threats facing the United States will continue to challenge the intelligence community to respond rapidly and flexibly to bring analytic resources to bear against emerging and unforeseen requirements; (B) both the Office of the Director of National Intelligence and any analytic centers determined to be necessary should be fully and properly supported with appropriate levels of personnel resources and that the President's yearly budget requests adequately support those needs; and (C) the President should utilize all legal and administrative discretion to ensure that the Director of National Intelligence and all other elements of the intelligence community have the necessary resources and procedures to respond promptly and effectively to emerging and unforeseen national security challenges. (f) Tasking and other authorities (1)(A) The Director of National Intelligence shall - (i) establish objectives, priorities, and guidance for the intelligence community to ensure timely and effective collection, processing, analysis, and dissemination (including access by users to collected data consistent with applicable law and, as appropriate, the guidelines referred to in subsection (b) of this section and analytic products generated by or within the intelligence community) of national intelligence; (ii) determine requirements and priorities for, and manage and direct the tasking of, collection, analysis, production, and dissemination of national intelligence by elements of the intelligence community, including - (I) approving requirements (including those requirements responding to needs provided by consumers) for collection and analysis; and (II) resolving conflicts in collection requirements and in the tasking of national collection assets of the elements of the intelligence community; and (iii) provide advisory tasking to intelligence elements of those agencies and departments not within the National Intelligence Program. (B) The authority of the Director of National Intelligence under subparagraph (A) shall not apply - (i) insofar as the President so directs; (ii) with respect to clause (ii) of subparagraph (A), insofar as the Secretary of Defense exercises tasking authority under plans or arrangements agreed upon by the Secretary of Defense and the Director of National Intelligence; or (iii) to the direct dissemination of information to State government and local government officials and private sector entities pursuant to sections 121 and 482 of title 6. (2) The Director of National Intelligence shall oversee the National Counterterrorism Center and may establish such other national intelligence centers as the Director determines necessary. (3)(A) The Director of National Intelligence shall prescribe, in consultation with the heads of other agencies or elements of the intelligence community, and the heads of their respective departments, personnel policies and programs applicable to the intelligence community that - (i) encourage and facilitate assignments and details of personnel to national intelligence centers, and between elements of the intelligence community; (ii) set standards for education, training, and career development of personnel of the intelligence community; (iii) encourage and facilitate the recruitment and retention by the intelligence community of highly qualified individuals for the effective conduct of intelligence activities; (iv) ensure that the personnel of the intelligence community are sufficiently diverse for purposes of the collection and analysis of intelligence through the recruitment and training of women, minorities, and individuals with diverse ethnic, cultural, and linguistic backgrounds; (v) make service in more than one element of the intelligence community a condition of promotion to such positions within the intelligence community as the Director shall specify; and (vi) ensure the effective management of intelligence community personnel who are responsible for intelligence community-wide matters. (B) Policies prescribed under subparagraph (A) shall not be inconsistent with the personnel policies otherwise applicable to members of the uniformed services. (4) The Director of National Intelligence shall ensure compliance with the Constitution and laws of the United States by the Central Intelligence Agency and shall ensure such compliance by other elements of the intelligence community through the host executive departments that manage the programs and activities that are part of the National Intelligence Program. (5) The Director of National Intelligence shall ensure the elimination of waste and unnecessary duplication within the intelligence community. (6) The Director of National Intelligence shall establish requirements and priorities for foreign intelligence information to be collected under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), and provide assistance to the Attorney General to ensure that information derived from electronic surveillance or physical searches under that Act is disseminated so it may be used efficiently and effectively for national intelligence purposes, except that the Director shall have no authority to direct or undertake electronic surveillance or physical search operations pursuant to that Act unless authorized by statute or Executive order. (7) The Director of National Intelligence shall perform such other functions as the President may direct. (8) Nothing in this subchapter shall be construed as affecting the role of the Department of Justice or the Attorney General under the Foreign Intelligence Surveillance Act of 1978. (g) Intelligence information sharing (1) The Director of National Intelligence shall have principal authority to ensure maximum availability of and access to intelligence information within the intelligence community consistent with national security requirements. The Director of National Intelligence shall - (A) establish uniform security standards and procedures; (B) establish common information technology standards, protocols, and interfaces; (C) ensure development of information technology systems that include multi-level security and intelligence integration capabilities; (D) establish policies and procedures to resolve conflicts between the need to share intelligence information and the need to protect intelligence sources and methods; (E) develop an enterprise architecture for the intelligence community and ensure that elements of the intelligence community comply with such architecture; and (F) have procurement approval authority over all enterprise architecture-related information technology items funded in the National Intelligence Program. (2) The President shall ensure that the Director of National Intelligence has all necessary support and authorities to fully and effectively implement paragraph (1). (3) Except as otherwise directed by the President or with the specific written agreement of the head of the department or agency in question, a Federal agency or official shall not be considered to have met any obligation to provide any information, report, assessment, or other material (including unevaluated intelligence information) to that department or agency solely by virtue of having provided that information, report, assessment, or other material to the Director of National Intelligence or the National Counterterrorism Center. (4) Not later than February 1 of each year, the Director of National Intelligence shall submit to the President and to the Congress an annual report that identifies any statute, regulation, policy, or practice that the Director believes impedes the ability of the Director to fully and effectively implement paragraph (1). (h) Analysis To ensure the most accurate analysis of intelligence is derived from all sources to support national security needs, the Director of National Intelligence shall - (1) implement policies and procedures - (A) to encourage sound analytic methods and tradecraft throughout the elements of the intelligence community; (B) to ensure that analysis is based upon all sources available; and (C) to ensure that the elements of the intelligence community regularly conduct competitive analysis of analytic products, whether such products are produced by or disseminated to such elements; (2) ensure that resource allocation for intelligence analysis is appropriately proportional to resource allocation for intelligence collection systems and operations in order to maximize analysis of all collected data; (3) ensure that differences in analytic judgment are fully considered and brought to the attention of policymakers; and (4) ensure that sufficient relationships are established between intelligence collectors and analysts to facilitate greater understanding of the needs of analysts. (i) Protection of intelligence sources and methods (1) The Director of National Intelligence shall protect intelligence sources and methods from unauthorized disclosure. (2) Consistent with paragraph (1), in order to maximize the dissemination of intelligence, the Director of National Intelligence shall establish and implement guidelines for the intelligence community for the following purposes: (A) Classification of information under applicable law, Executive orders, or other Presidential directives. (B) Access to and dissemination of intelligence, both in final form and in the form when initially gathered. (C) Preparation of intelligence products in such a way that source information is removed to allow for dissemination at the lowest level of classification possible or in unclassified form to the extent practicable. (3) The Director may only delegate a duty or authority given the Director under this subsection to the Principal Deputy Director of National Intelligence. (j) Uniform procedures for sensitive compartmented information The Director of National Intelligence, subject to the direction of the President, shall - (1) establish uniform standards and procedures for the grant of access to sensitive compartmented information to any officer or employee of any agency or department of the United States and to employees of contractors of those agencies or departments; (2) ensure the consistent implementation of those standards and procedures throughout such agencies and departments; (3) ensure that security clearances granted by individual elements of the intelligence community are recognized by all elements of the intelligence community, and under contracts entered into by those agencies; and (4) ensure that the process for investigation and adjudication of an application for access to sensitive compartmented information is performed in the most expeditious manner possible consistent with applicable standards for national security. (k) Coordination with foreign governments Under the direction of the President and in a manner consistent with section 3927 of title 22, the Director of National Intelligence shall oversee the coordination of 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. (l) Enhanced personnel management (1)(A) The Director of National Intelligence shall, under regulations prescribed by the Director, provide incentives for personnel of elements of the intelligence community to serve - (i) on the staff of the Director of National Intelligence; (ii) on the staff of the national intelligence centers; (iii) on the staff of the National Counterterrorism Center; and (iv) in other positions in support of the intelligence community management functions of the Director. (B) Incentives under subparagraph (A) may include financial incentives, bonuses, and such other awards and incentives as the Director considers appropriate. (2)(A) Notwithstanding any other provision of law, the personnel of an element of the intelligence community who are assigned or detailed under paragraph (1)(A) to service under the Director of National Intelligence shall be promoted at rates equivalent to or better than personnel of such element who are not so assigned or detailed. (B) The Director may prescribe regulations to carry out this section. (3)(A) The Director of National Intelligence shall prescribe mechanisms to facilitate the rotation of personnel of the intelligence community through various elements of the intelligence community in the course of their careers in order to facilitate the widest possible understanding by such personnel of the variety of intelligence requirements, methods, users, and capabilities. (B) The mechanisms prescribed under subparagraph (A) may include the following: (i) The establishment of special occupational categories involving service, over the course of a career, in more than one element of the intelligence community. (ii) The provision of rewards for service in positions undertaking analysis and planning of operations involving two or more elements of the intelligence community. (iii) The establishment of requirements for education, training, service, and evaluation for service involving more than one element of the intelligence community. (C) It is the sense of Congress that the mechanisms prescribed under this subsection should, to the extent practical, seek to duplicate for civilian personnel within the intelligence community the joint officer management policies established by chapter 38 of title 10 and the other amendments made by title IV of the Goldwater- Nichols Department of Defense Reorganization Act of 1986 (Public Law 99-433). (4)(A) Except as provided in subparagraph (B) and subparagraph (D), this subsection shall not apply with respect to personnel of the elements of the intelligence community who are members of the uniformed services. (B) Mechanisms that establish requirements for education and training pursuant to paragraph (3)(B)(iii) may apply with respect to members of the uniformed services who are assigned to an element of the intelligence community funded through the National Intelligence Program, but such mechanisms shall not be inconsistent with personnel policies and education and training requirements otherwise applicable to members of the uniformed services. (C) The personnel policies and programs developed and implemented under this subsection with respect to law enforcement officers (as that term is defined in section 5541(3) of title 5) shall not affect the ability of law enforcement entities to conduct operations or, through the applicable chain of command, to control the activities of such law enforcement officers. (D) Assignment to the Office of the Director of National Intelligence of commissioned officers of the Armed Forces shall be considered a joint-duty assignment for purposes of the joint officer management policies prescribed by chapter 38 of title 10 and other provisions of that title. (m) Additional authority with respect to personnel (1) In addition to the authorities under subsection (f)(3) of this section, the Director of National Intelligence may exercise with respect to the personnel of the Office of the Director of National Intelligence any authority of the Director of the Central Intelligence Agency with respect to the personnel of the Central Intelligence Agency under the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), and other applicable provisions of law, as of December 17, 2004, to the same extent, and subject to the same conditions and limitations, that the Director of the Central Intelligence Agency may exercise such authority with respect to personnel of the Central Intelligence Agency. (2) Employees and applicants for employment of the Office of the Director of National Intelligence shall have the same rights and protections under the Office of the Director of National Intelligence as employees of the Central Intelligence Agency have under the Central Intelligence Agency Act of 1949 [50 U.S.C. 403a et seq.], and other applicable provisions of law, as of December 17, 2004. (n) Acquisition authorities (1) In carrying out the responsibilities and authorities under this section, the Director of National Intelligence may exercise the acquisition and appropriations authorities referred to in the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) other than the authorities referred to in section 8(b) of that Act (50 U.S.C. 403j(b)). (2) For the purpose of the exercise of any authority referred to in paragraph (1), a reference to the head of an agency shall be deemed to be a reference to the Director of National Intelligence or the Principal Deputy Director of National Intelligence. (3)(A) Any determination or decision to be made under an authority referred to in paragraph (1) by the head of an agency may be made with respect to individual purchases and contracts or with respect to classes of purchases or contracts, and shall be final. (B) Except as provided in subparagraph (C), the Director of National Intelligence or the Principal Deputy Director of National Intelligence may, in such official's discretion, delegate to any officer or other official of the Office of the Director of National Intelligence any authority to make a determination or decision as the head of the agency under an authority referred to in paragraph (1). (C) The limitations and conditions set forth in section 3(d) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403c(d)) shall apply to the exercise by the Director of National Intelligence of an authority referred to in paragraph (1). (D) Each determination or decision required by an authority referred to in the second sentence of section 3(d) of the Central Intelligence Agency Act of 1949 [50 U.S.C. 403c(d)] shall be based upon written findings made by the official making such determination or decision, which findings shall be final and shall be available within the Office of the Director of National Intelligence for a period of at least six years following the date of such determination or decision. (o) Consideration of views of elements of intelligence community In carrying out the duties and responsibilities under this section, the Director of National Intelligence shall take into account the views of a head of a department containing an element of the intelligence community and of the Director of the Central Intelligence Agency. (p) Responsibility of Director of National Intelligence regarding National Intelligence Program budget concerning the Department of Defense Subject to the direction of the President, the Director of National Intelligence shall, after consultation with the Secretary of Defense, ensure that the National Intelligence Program budgets for the elements of the intelligence community that are within the Department of Defense are adequate to satisfy the national intelligence needs of the Department of Defense, including the needs of the Chairman of the Joint Chiefs of Staff and the commanders of the unified and specified commands, and wherever such elements are performing Government-wide functions, the needs of other Federal departments and agencies. (q) Acquisitions of major systems (1) For each intelligence program within the National Intelligence Program for the acquisition of a major system, the Director of National Intelligence shall - (A) require the development and implementation of a program management plan that includes cost, schedule, and performance goals and program milestone criteria, except that with respect to Department of Defense programs the Director shall consult with the Secretary of Defense; (B) serve as exclusive milestone decision authority, except that with respect to Department of Defense programs the Director shall serve as milestone decision authority jointly with the Secretary of Defense or the designee of the Secretary; and (C) periodically - (i) review and assess the progress made toward the achievement of the goals and milestones established in such plan; and (ii) submit to Congress a report on the results of such review and assessment. (2) If the Director of National Intelligence and the Secretary of Defense are unable to reach an agreement on a milestone decision under paragraph (1)(B), the President shall resolve the conflict. (3) Nothing in this subsection may be construed to limit the authority of the Director of National Intelligence to delegate to any other official any authority to perform the responsibilities of the Director under this subsection. (4) In this subsection: (A) The term "intelligence program", with respect to the acquisition of a major system, means a program that - (i) is carried out to acquire such major system for an element of the intelligence community; and (ii) is funded in whole out of amounts available for the National Intelligence Program. (B) The term "major system" has the meaning given such term in section 403(9) of title 41. (r) Performance of common services The Director of National Intelligence shall, in consultation with the heads of departments and agencies of the United States Government containing elements within the intelligence community and with the Director of the Central Intelligence Agency, coordinate the performance by the elements of the intelligence community within the National Intelligence Program of such services as are of common concern to the intelligence community, which services the Director of National Intelligence determines can be more efficiently accomplished in a consolidated manner. -SOURCE- (July 26, 1947, ch. 343, title I, Sec. 102A, as added Pub. L. 108- 458, title I, Sec. 1011(a), Dec. 17, 2004, 118 Stat. 3644.) -REFTEXT- REFERENCES IN TEXT The Congressional Budget and Impoundment Control Act of 1974, referred to in subsec. (c)(6), is Pub. L. 93-344, July 12, 1974, 88 Stat. 297, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2, The Congress, and Tables. The Foreign Intelligence Surveillance Act of 1978, referred to in subsec. (f)(6), (8), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, as amended, which is classified principally to chapter 36 (Sec. 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. This subchapter, referred to in subsec. (f)(8), was in the original "this title", meaning title I of act July 26, 1947, ch. 343, 61 Stat. 496, as amended, which is classified generally to this subchapter. For complete classification of title I to the Code, see Tables. The Goldwater-Nichols Department of Defense Reorganization Act of 1986, referred to in subsec. (l)(3)(C), is Pub. L. 99-433, Oct. 1, 1986, 100 Stat. 992, as amended. For complete classification of this Act to the Code, see Short Title of 1986 Amendment note set out under section 111 of Title 10, Armed Forces, and Tables. The Central Intelligence Agency Act of 1949, referred to in subsecs. (m) and (n)(1), is act June 20, 1949, ch. 227, 63 Stat. 208, as amended, which is classified generally to section 403a et seq. of this title. For complete classification of this Act to the Code, see Short Title note set out under section 403a of this title and Tables. -MISC1- PRIOR PROVISIONS A prior section 403-1, act July 26, 1947, ch. 343, title I, Sec. 102A, as added Pub. L. 104-293, title VIII, Sec. 805(b), Oct. 11, 1996, 110 Stat. 3479, provided there is a Central Intelligence Agency and described its function prior to repeal by Pub. L. 108- 458, title I, Secs. 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 403-4 of this title. Another prior section 403-1, act July 26, 1947, ch. 343, title I, Sec. 102a, as added Dec. 9, 1983, Pub. L. 98-215, title IV, Sec. 403, 97 Stat. 1477, related to appointment of Director of the Intelligence Community Staff prior to repeal by Pub. L. 102-496, title VII, Sec. 705(a)(1), Oct. 24, 1992, 106 Stat. 3190. EFFECTIVE DATE For 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 401 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. 108-458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of this title. JOINT PROCEDURES FOR OPERATIONAL COORDINATION BETWEEN DEPARTMENT OF DEFENSE AND CENTRAL INTELLIGENCE AGENCY Pub. L. 108-458, title I, Sec. 1013, Dec. 17, 2004, 118 Stat. 3662, provided that: "(a) Development of Procedures. - The Director of National Intelligence, in consultation with the Secretary of Defense and the Director of the Central Intelligence Agency, shall develop joint procedures to be used by the Department of Defense and the Central Intelligence Agency to improve the coordination and deconfliction of operations that involve elements of both the Armed Forces and the Central Intelligence Agency consistent with national security and the protection of human intelligence sources and methods. Those procedures shall, at a minimum, provide the following: "(1) Methods by which the Director of the Central Intelligence Agency and the Secretary of Defense can improve communication and coordination in the planning, execution, and sustainment of operations, including, as a minimum - "(A) information exchange between senior officials of the Central Intelligence Agency and senior officers and officials of the Department of Defense when planning for such an operation commences by either organization; and "(B) exchange of information between the Secretary and the Director of the Central Intelligence Agency to ensure that senior operational officials in both the Department of Defense and the Central Intelligence Agency have knowledge of the existence of the ongoing operations of the other. "(2) When appropriate, in cases where the Department of Defense and the Central Intelligence Agency are conducting separate missions in the same geographical area, a mutual agreement on the tactical and strategic objectives for the region and a clear delineation of operational responsibilities to prevent conflict and duplication of effort. "(b) Implementation Report. - Not later than 180 days after the date of the enactment of the Act [Dec. 17, 2004], the Director of National Intelligence shall submit to the congressional defense committees (as defined in section 101 of title 10, United States Code) and the congressional intelligence committees (as defined in section 3(7) of the National Security Act of 1947 (50 U.S.C. 401a(7))) a report describing the procedures established pursuant to subsection (a) and the status of the implementation of those procedures." ALTERNATIVE ANALYSIS OF INTELLIGENCE BY THE INTELLIGENCE COMMUNITY Pub. L. 108-458, title I, Sec. 1017, Dec. 17, 2004, 118 Stat. 3670, provided that: "(a) In General. - Not later than 180 days after the effective date of this Act [probably means the effective date of title I of Pub. L. 108-458, see Effective Date of 2004 Amendment; Transition Provisions note set out under section 401 of this title], the Director of National Intelligence shall establish a process and assign an individual or entity the responsibility for ensuring that, as appropriate, elements of the intelligence community conduct alternative analysis (commonly referred to as 'red-team analysis') of the information and conclusions in intelligence products. "(b) Report. - Not later than 270 days after the effective date of this Act, the Director of National Intelligence shall provide a report to the Select Committee on Intelligence of the Senate and the Permanent Select Committee of the House of Representatives on the implementation of subsection (a)." REQUIREMENT FOR EFFICIENT USE BY INTELLIGENCE COMMUNITY OF OPEN-SOURCE INTELLIGENCE Pub. L. 108-458, title I, Sec. 1052(b), Dec. 17, 2004, 118 Stat. 3683, provided that: "The Director of National Intelligence shall ensure that the intelligence community makes efficient and effective use of open-source information and analysis." ENHANCING CLASSIFIED COUNTERTERRORIST TRAVEL EFFORTS Pub. L. 108-458, title VII, Sec. 7201(e), Dec. 17, 2004, 118 Stat. 3813, provided that: "(1) In general. - The Director of National Intelligence shall significantly increase resources and personnel to the small classified program that collects and analyzes intelligence on terrorist travel. "(2) Authorization of appropriations. - There are authorized to be appropriated for each of the fiscal years 2005 through 2009 such sums as may be necessary to carry out this subsection." INTELLIGENCE COMMUNITY USE OF NATIONAL INFRASTRUCTURE SIMULATION AND ANALYSIS CENTER Pub. L. 108-458, title VIII, Sec. 8101, Dec. 17, 2004, 118 Stat. 3864, provided that: "(a) In General. - The Director of National Intelligence shall establish a formal relationship, including information sharing, between the elements of the intelligence community and the National Infrastructure Simulation and Analysis Center. "(b) Purpose. - The purpose of the relationship under subsection (a) shall be to permit the intelligence community to take full advantage of the capabilities of the National Infrastructure Simulation and Analysis Center, particularly vulnerability and consequence analysis, for real time response to reported threats and long term planning for projected threats." PILOT PROGRAM ON ANALYSIS OF SIGNALS AND OTHER INTELLIGENCE BY INTELLIGENCE ANALYSTS OF VARIOUS ELEMENTS OF THE INTELLIGENCE COMMUNITY Pub. L. 108-177, title III, Sec. 317, Dec. 13, 2003, 117 Stat. 2611, as amended by Pub. L. 108-458, title I, Secs. 1071(g)(3)(A)(i), (ii), 1072(d)(2)(A), Dec. 17, 2004, 118 Stat. 3692, 3693, provided that: "(a) In General. - The Director of National Intelligence shall, in coordination with the Secretary of Defense, carry out a pilot program to assess the feasibility and advisability of permitting intelligence analysts of various elements of the intelligence community to access and analyze intelligence from the databases of other elements of the intelligence community in order to achieve the objectives set forth in subsection (c). "(b) Covered Intelligence. - The intelligence to be analyzed under the pilot program under subsection (a) shall include the following: "(1) Signals intelligence of the National Security Agency. "(2) Such intelligence of other elements of the intelligence community as the Director shall select for purposes of the pilot program. "(c) Objectives. - The objectives set forth in this subsection are as follows: "(1) To enhance the capacity of the intelligence community to undertake 'all source fusion' analysis in support of the intelligence and intelligence-related missions of the intelligence community. "(2) To reduce, to the extent possible, the amount of intelligence collected by the intelligence community that is not assessed, or reviewed, by intelligence analysts. "(3) To reduce the burdens imposed on analytical personnel of the elements of the intelligence community by current practices regarding the sharing of intelligence among elements of the intelligence community. "(d) Commencement. - The Director shall commence the pilot program under subsection (a) not later than December 31, 2003. "(e) Various Mechanisms Required. - In carrying out the pilot program under subsection (a), the Director shall develop and utilize various mechanisms to facilitate the access to, and the analysis of, intelligence in the databases of the intelligence community by intelligence analysts of other elements of the intelligence community, including the use of so-called 'detailees in place'. "(f) Security. - (1) In carrying out the pilot program under subsection (a), the Director shall take appropriate actions to protect against the disclosure and unauthorized use of intelligence in the databases of the elements of the intelligence community which may endanger sources and methods which (as determined by the Director) warrant protection. "(2) The actions taken under paragraph (1) shall include the provision of training on the accessing and handling of information in the databases of various elements of the intelligence community and the establishment of limitations on access to information in such databases regarding United States persons. "(g) Assessment. - Not later than February 1, 2004, after the commencement under subsection (d) of the pilot program under subsection (a), the Under Secretary of Defense for Intelligence and the Deputy Director of National Intelligence shall jointly carry out an assessment of the progress of the pilot program in meeting the objectives set forth in subsection (c). "(h) Report. - (1) The Director of National Intelligence shall, in coordination with the Secretary of Defense, submit to the appropriate committees of Congress a report on the assessment carried out under subsection (g). "(2) The report shall include - "(A) a description of the pilot program under subsection (a); "(B) the findings of the Under Secretary and Assistant Director [Deputy Director of National Intelligence] as a result of the assessment; "(C) any recommendations regarding the pilot program that the Under Secretary and the Deputy Director of National Intelligence jointly consider appropriate in light of the assessment; and "(D) any recommendations that the Director and Secretary consider appropriate for purposes of the report. "(i) Appropriate Committees of Congress Defined. - In this section, the term 'appropriate committees of Congress' means - "(1) the Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and "(2) the Permanent Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives." STANDARDIZED TRANSLITERATION OF NAMES INTO THE ROMAN ALPHABET Pub. L. 107-306, title III, Sec. 352, Nov. 27, 2002, 116 Stat. 2401, as amended by Pub. L. 108-458, title I, Sec. 1071(g)(2)(D), Dec. 17, 2004, 118 Stat. 3691, provided that: "(a) Method of Transliteration Required. - Not later than 180 days after the date of the enactment of this Act [Nov. 27, 2002], the Director of Central Intelligence shall provide for a standardized method for transliterating into the Roman alphabet personal and place names originally rendered in any language that uses an alphabet other than the Roman alphabet. "(b) Use by Intelligence Community. - The Director of National Intelligence shall ensure the use of the method established under subsection (a) in - "(1) all communications among the elements of the intelligence community; and "(2) all intelligence products of the intelligence community." STANDARDS FOR SPELLING OF FOREIGN NAMES AND PLACES AND FOR USE OF GEOGRAPHIC COORDINATES Pub. L. 105-107, title III, Sec. 309, Nov. 20, 1997, 111 Stat. 2253, provided that: "(a) Survey of Current Standards. - "(1) Survey. - The Director of Central Intelligence shall carry out a survey of current standards for the spelling of foreign names and places, and the use of geographic coordinates for such places, among the elements of the intelligence community. "(2) Report. - Not later than 90 days after the date of enactment of this Act [Nov. 20, 1997], the Director shall submit to the congressional intelligence committees a report on the survey carried out under paragraph (1). The report shall be submitted in unclassified form, but may include a classified annex. "(b) Guidelines. - "(1) Issuance. - Not later than 180 days after the date of enactment of this Act, the Director shall issue guidelines to ensure the use of uniform spelling of foreign names and places and the uniform use of geographic coordinates for such places. The guidelines shall apply to all intelligence reports, intelligence products, and intelligence databases prepared and utilized by the elements of the intelligence community. "(2) Basis. - The guidelines under paragraph (1) shall, to the maximum extent practicable, be based on current United States Government standards for the transliteration of foreign names, standards for foreign place names developed by the Board on Geographic Names, and a standard set of geographic coordinates. "(3) Submittal to congress. - The Director shall submit a copy of the guidelines to the congressional intelligence committees. "(c) Congressional Intelligence Committees Defined. - In this section, the term 'congressional intelligence committees' means the following: "(1) The Select Committee on Intelligence of the Senate. "(2) The Permanent Select Committee on Intelligence of the House of Representatives." [Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note under section 401 of this title.] PERIODIC REPORTS ON EXPENDITURES Pub. L. 104-293, Sec. 807(c), Oct. 11, 1996, 110 Stat. 3480, provided that: "Not later than January 1, 1997, the Director of Central Intelligence and the Secretary of Defense shall prescribe guidelines to ensure prompt reporting to the Director and the Secretary on a periodic basis of budget execution data for all national, defense-wide, and tactical intelligence activities." [Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note under section 401 of this title.] DATABASE PROGRAM TRACKING Pub. L. 104-293, title VIII, Sec. 807(d), Oct. 11, 1996, 110 Stat. 3481, provided that: "Not later than January 1, 1999, the Director of Central Intelligence and the Secretary of Defense shall develop and implement a database to provide timely and accurate information on the amounts, purposes, and status of the resources, including periodic budget execution updates, for all national, defense-wide, and tactical intelligence activities." [Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note under section 401 of this title.] IDENTIFICATION OF CONSTITUENT COMPONENTS OF BASE INTELLIGENCE BUDGET Pub. L. 103-359, title VI, Sec. 603, Oct. 14, 1994, 108 Stat. 3433, provided that: "The Director of Central Intelligence shall include the same level of budgetary detail for the Base Budget that is provided for Ongoing Initiatives and New Initiatives to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate in the congressional justification materials for the annual submission of the National Foreign Intelligence Program of each fiscal year." [Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note under section 401 of this title.] -FOOTNOTE- (!1) So in original. Probably should be "paragraph (1)(A) - ". -End- -CITE- 50 USC Sec. 403-1a 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403-1a. Assignment of responsibilities relating to analytic integrity -STATUTE- (a) Assignment of responsibilities For purposes of carrying out section 403-1(h) of this title, the Director of National Intelligence shall, not later than 180 days after December 17, 2004, assign an individual or entity to be responsible for ensuring that finished intelligence products produced by any element or elements of the intelligence community are timely, objective, independent of political considerations, based upon all sources of available intelligence, and employ the standards of proper analytic tradecraft. (b) Responsibilities (1) The individual or entity assigned responsibility under subsection (a) of this section - (A) may be responsible for general oversight and management of analysis and production, but may not be directly responsible for, or involved in, the specific production of any finished intelligence product; (B) shall perform, on a regular basis, detailed reviews of finished intelligence product or other analytic products by an element or elements of the intelligence community covering a particular topic or subject matter; (C) shall be responsible for identifying on an annual basis functional or topical areas of analysis for specific review under subparagraph (B); and (D) upon completion of any review under subparagraph (B), may draft lessons learned, identify best practices, or make recommendations for improvement to the analytic tradecraft employed in the production of the reviewed product or products. (2) Each review under paragraph (1)(B) should - (A) include whether the product or products concerned were based on all sources of available intelligence, properly describe the quality and reliability of underlying sources, properly caveat and express uncertainties or confidence in analytic judgments, properly distinguish between underlying intelligence and the assumptions and judgments of analysts, and incorporate, where appropriate, alternative analyses; and (B) ensure that the analytic methodologies, tradecraft, and practices used by the element or elements concerned in the production of the product or products concerned meet the standards set forth in subsection (a) of this section. (3) Information drafted under paragraph (1)(D) should, as appropriate, be included in analysis teaching modules and case studies for use throughout the intelligence community. (c) Annual reports Not later than December 1 each year, the Director of National Intelligence shall submit to the congressional intelligence committees, the heads of the relevant elements of the intelligence community, and the heads of analytic training departments a report containing a description, and the associated findings, of each review under subsection (b)(1)(B) of this section during such year. (d) Congressional intelligence committees defined In this section, the term "congressional intelligence committees" means - (1) the Select Committee on Intelligence of the Senate; and (2) the Permanent Select Committee on Intelligence of the House of Representatives. -SOURCE- (Pub. L. 108-458, title I, Sec. 1019, Dec. 17, 2004, 118 Stat. 3671.) -COD- CODIFICATION Section was enacted as part of the Intelligence Reform and Terrorism Prevention Act of 2004, and also as part of the National Security Intelligence Reform Act of 2004, and not as part of the National Security Act of 1947 which comprises this chapter. -MISC1- EFFECTIVE DATE For 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 401 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. 108-458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of this title. SAFEGUARD OF OBJECTIVITY IN INTELLIGENCE ANALYSIS Pub. L. 108-458, title I, Sec. 1020, Dec. 17, 2004, 118 Stat. 3672, provided that: "(a) In General. - Not later than 180 days after the effective date of this Act [probably means the effective date of title I of Pub. L. 108-458, see Effective Date of 2004 Amendment; Transition Provisions note set out under section 401 of this title], the Director of National Intelligence shall identify an individual within the Office of the Director of National Intelligence who shall be available to analysts within the Office of the Director of National Intelligence to counsel, conduct arbitration, offer recommendations, and, as appropriate, initiate inquiries into real or perceived problems of analytic tradecraft or politicization, biased reporting, or lack of objectivity in intelligence analysis. "(b) Report. - Not later than 270 days after the effective date of this Act, the Director of National Intelligence shall provide a report to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives on the implementation of subsection (a)." -End- -CITE- 50 USC Sec. 403-1b 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403-1b. Additional education and training requirements -STATUTE- (a) Findings Congress makes the following findings: (1) Foreign language education is essential for the development of a highly-skilled workforce for the intelligence community. (2) Since September 11, 2001, the need for language proficiency levels to meet required national security functions has been raised, and the ability to comprehend and articulate technical and scientific information in foreign languages has become critical. (b) Linguistic requirements (1) The Director of National Intelligence shall - (A) identify the linguistic requirements for the Office of the Director of National Intelligence; (B) identify specific requirements for the range of linguistic skills necessary for the intelligence community, including proficiency in scientific and technical vocabularies of critical foreign languages; and (C) develop a comprehensive plan for the Office to meet such requirements through the education, recruitment, and training of linguists. (2) In carrying out activities under paragraph (1), the Director shall take into account education grant programs of the Department of Defense and the Department of Education that are in existence as of December 17, 2004. (3) Not later than one year after December 17, 2004, and annually thereafter, the Director shall submit to Congress a report on the requirements identified under paragraph (1), including the success of the Office of the Director of National Intelligence in meeting such requirements. Each report shall notify Congress of any additional resources determined by the Director to be required to meet such requirements. (4) Each report under paragraph (3) shall be in unclassified form, but may include a classified annex. (c) Professional intelligence training The Director of National Intelligence shall require the head of each element and component within the Office of the Director of National Intelligence who has responsibility for professional intelligence training to periodically review and revise the curriculum for the professional intelligence training of the senior and intermediate level personnel of such element or component in order to - (1) strengthen the focus of such curriculum on the integration of intelligence collection and analysis throughout the Office; and (2) prepare such personnel for duty with other departments, agencies, and elements of the intelligence community. -SOURCE- (Pub. L. 108-458, title I, Sec. 1041, Dec. 17, 2004, 118 Stat. 3678.) -COD- CODIFICATION Section was enacted as part of the Intelligence Reform and Terrorism Prevention Act of 2004, and also as part of the National Security Intelligence Reform Act of 2004, and not as part of the National Security Act of 1947 which comprises this chapter. -MISC1- EFFECTIVE DATE For 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 401 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. 108-458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of this title. PILOT PROJECT ON CIVILIAN LINGUIST RESERVE CORPS Pub. L. 109-364, div. A, title IX, Sec. 944(a)(1), Oct. 17, 2006, 120 Stat. 2366, provided that: "Administration of the pilot project on the establishment of a Civilian Linguist Reserve Corps required by section 613 of the Intelligence Authorization Act for Fiscal Year 2005 (Public Law 108-487; 118 Stat. 3959; 50 U.S.C. 403-1b note) is hereby transferred from the Director of National Intelligence to the Secretary of Defense." Pub. L. 109-163, div. A, title XI, Sec. 1124, Jan. 6, 2006, 119 Stat. 3454, provided that: "Subject to the availability of appropriated funds, the Secretary of Defense may support implementation of the Civilian Linguist Reserve Corps pilot project authorized by section 613 of the Intelligence Authorization Act for Fiscal Year 2005 (Public Law 108-487; 118 Stat. 3959; 50 U.S.C. 403- 1b note)." Pub. L. 108-487, title VI, Sec. 613, Dec. 23, 2004, 118 Stat. 3959, as amended by Pub. L. 109-364, div. A, title IX, Sec. 944(a)(2), (b)-(e), Oct. 17, 2006, 120 Stat. 2366, provided that: "(a) Pilot Project. - (1) The Secretary of Defense shall conduct a pilot project to assess the feasibility and advisability of establishing a Civilian Linguist Reserve Corps comprised of United States citizens with advanced levels of proficiency in foreign languages who would be available upon the call of the Secretary to perform such service or duties with respect to such foreign languages in the intelligence community as the Secretary may specify. "(2) The Secretary shall conduct the pilot project in coordination with the Director of National Intelligence. "(3) The Secretary shall conduct the pilot project through the National Security Education Program. "(b) Conduct of Project. - Taking into account the findings and recommendations contained in the report required under section 325 of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2393), in conducting the pilot project under subsection (a) the Secretary of Defense shall - "(1) identify several foreign languages that are critical for the national security of the United States; "(2) identify United States citizens with advanced levels of proficiency in the foreign languages identified under paragraph (1) who would be available to perform the services and duties referred to in subsection (a); and "(3) when considered necessary by the Secretary, implement a call for the performance of such services and duties. "(c) Duration of Project. - The pilot project under subsection (a) shall be conducted for a five-year period. "(d) Authority To Enter Into Contracts. - The Secretary of Defense may enter into contracts with appropriate agencies or entities to carry out the pilot project under subsection (a). "(e) Reports. - (1) The Secretary of Defense shall submit to Congress an initial and a final report on the pilot project conducted under subsection (a). "(2) Each report required under paragraph (1) shall contain information on the operation of the pilot project, the success of the pilot project in carrying out the objectives of the establishment of a Civilian Linguist Reserve Corps, and recommendations for the continuation or expansion of the pilot project. "(3) The final report shall be submitted not later than six months after the completion of the pilot project." -End- -CITE- 50 USC Sec. 403-1c 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403-1c. National Intelligence Reserve Corps -STATUTE- (a) Establishment The Director of National Intelligence may provide for the establishment and training of a National Intelligence Reserve Corps (in this section referred to as "National Intelligence Reserve Corps") for the temporary reemployment on a voluntary basis of former employees of elements of the intelligence community during periods of emergency, as determined by the Director. (b) Eligible individuals An individual may participate in the National Intelligence Reserve Corps only if the individual previously served as a full time employee of an element of the intelligence community. (c) Terms of participation The Director of National Intelligence shall prescribe the terms and conditions under which eligible individuals may participate in the National Intelligence Reserve Corps. (d) Expenses The Director of National Intelligence may provide members of the National Intelligence Reserve Corps transportation and per diem in lieu of subsistence for purposes of participating in any training that relates to service as a member of the Reserve Corps. (e) Treatment of annuitants (1) If an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes temporarily reemployed pursuant to this section, such annuity shall not be discontinued thereby. (2) An annuitant so reemployed shall not be considered an employee for the purposes of chapter 83 or 84 of title 5. (f) Treatment under Office of Director of National Intelligence personnel ceiling A member of the National Intelligence Reserve Corps who is reemployed on a temporary basis pursuant to this section shall not count against any personnel ceiling applicable to the Office of the Director of National Intelligence. -SOURCE- (Pub. L. 108-458, title I, Sec. 1053, Dec. 17, 2004, 118 Stat. 3683.) -COD- CODIFICATION Section was enacted as part of the Intelligence Reform and Terrorism Prevention Act of 2004, and also as part of the National Security Intelligence Reform Act of 2004, and not as part of the National Security Act of 1947 which comprises this chapter. -MISC1- EFFECTIVE DATE For 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 401 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. 108-458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of this title. -End- -CITE- 50 USC Sec. 403-2 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403-2. Intelligence Community contracting -STATUTE- The Director of Central Intelligence shall direct that elements of the Intelligence Community, whenever compatible with the national security interests of the United States and consistent with the operational and security concerns related to the conduct of intelligence activities, and where fiscally sound, shall award contracts in a manner that would maximize the procurement of products in the United States. For purposes of this provision, the term "Intelligence Community" has the same meaning as set forth in paragraph 3.4(f) of Executive Order 12333, dated December 4, 1981, or successor orders. -SOURCE- (Pub. L. 102-183, title IV, Sec. 403, Dec. 4, 1991, 105 Stat. 1267.) -REFTEXT- REFERENCES IN TEXT Executive Order 12333, referred to in text, is set out as a note under section 401 of this title. -COD- CODIFICATION Section was enacted as part of the authorization act cited as the credit to this section, and not as part of the National Security Act of 1947 which comprises this chapter. -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in the following prior authorization act: Pub. L. 102-88, title IV, Sec. 404, Aug. 14, 1991, 105 Stat. 434. -CHANGE- CHANGE OF NAME Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note under section 401 of this title. -End- -CITE- 50 USC Sec. 403-2a 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403-2a. Construction of intelligence community facilities; Presidential authorization -STATUTE- (a) No project for the construction of any facility, or improvement to any facility, having an estimated Federal cost in excess of $300,000, may be undertaken in any fiscal year unless specifically identified as a separate item in the President's annual fiscal year budget request or otherwise specifically authorized and appropriated if such facility or improvement would be used primarily by personnel of the intelligence community. (b) As used in this section, the term "intelligence community" has the same meaning given that term in section 401a(4) of this title. -SOURCE- (Pub. L. 103-335, title VIII, Sec. 8131, Sept. 30, 1994, 108 Stat. 2653.) -COD- CODIFICATION Section was enacted as part of the Department of Defense Appropriations Act, 1995, and not as part of the National Security Act of 1947 which comprises this chapter. -End- -CITE- 50 USC Sec. 403-2b 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403-2b. Limitation on construction of facilities to be used primarily by intelligence community -STATUTE- (a) In general (1) In general Except as provided in subsection (b) of this section, no project for the construction of any facility to be used primarily by personnel of any component of the intelligence community which has an estimated Federal cost in excess of $5,000,000 may be undertaken in any fiscal year unless such project is specifically identified as a separate item in the President's annual fiscal year budget request and is specifically authorized by the Congress. (2) Notification In the case of a project for the construction of any facility to be used primarily by personnel of any component of the intelligence community which has an estimated Federal cost greater than $1,000,000 but less than $5,000,000, or where any improvement project to such a facility has an estimated Federal cost greater than $1,000,000, the Director of Central Intelligence shall submit a notification to the intelligence committees specifically identifying such project. (b) Exception (1) In general Notwithstanding subsection (a) of this section but subject to paragraphs (2) and (3), a project for the construction of a facility to be used primarily by personnel of any component of the intelligence community may be carried out if the Secretary of Defense and the Director of Central Intelligence jointly determine - (A) that the project is vital to the national security or to the protection of health, safety, or the quality of the environment, and (B) that the requirement for the project is so urgent that deferral of the project for inclusion in the next Act authorizing appropriations for the intelligence community would be inconsistent with national security or the protection of health, safety, or environmental quality, as the case may be. (2) Report (A) When a decision is made to carry out a construction project under this subsection, the Secretary of Defense and the Director of Central Intelligence jointly shall submit a report in writing to the appropriate committees of Congress on that decision. Each such report shall include (i) the justification for the project and the current estimate of the cost of the project, (ii) the justification for carrying out the project under this subsection, and (iii) a statement of the source of the funds to be used to carry out the project. The project may then be carried out only after the end of the 7-day period beginning on the date the notification is received by such committees. (B) Notwithstanding subparagraph (A), a project referred to in paragraph (1) may begin on the date the notification is received by the appropriate committees of Congress under that paragraph if the Director of Central Intelligence and the Secretary of Defense jointly determine that - (i) an emergency exists with respect to the national security or the protection of health, safety, or environmental quality; and (ii) any delay in the commencement of the project would harm any or all of those interests. (3) Projects primarily for CIA If a project referred to in paragraph (1) is primarily for the Central Intelligence Agency, the Director of Central Intelligence shall make the determination and submit the report required by paragraphs (1) and (2). (4) Limitation A project carried out under this subsection shall be carried out within the total amount of funds appropriated for intelligence and intelligence-related activities that have not been obligated. (c) Application This section shall not apply to any project which is subject to subsection (a)(1)(A) or (c) of section 601. -SOURCE- (Pub. L. 103-359, title VI, Sec. 602, Oct. 14, 1994, 108 Stat. 3432; Pub. L. 108-177, title III, Sec. 314, Dec. 13, 2003, 117 Stat. 2610.) -REFTEXT- REFERENCES IN TEXT Section 601, referred to in subsec. (c), means section 601 of Pub. L. 103-359, title VI, Oct. 14, 1994, 108 Stat. 3431, which is not classified to the Code. -COD- CODIFICATION Section was enacted as part of the Intelligence Authorization Act for Fiscal Year 1995, and not as part of the National Security Act of 1947 which comprises this chapter. -MISC1- AMENDMENTS 2003 - Subsec. (a). Pub. L. 108-177, Sec. 314(a), substituted "$5,000,000" for "$750,000" in pars. (1) and (2) and "$1,000,000" for "$500,000" in two places in par. (2). Subsec. (b)(2). Pub. L. 108-177, Sec. 314(b), designated existing provisions as subpar. (A), redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, substituted "7-day period" for "21-day period", and added subpar. (B). -CHANGE- CHANGE OF NAME Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note under section 401 of this title. -CROSS- DEFINITIONS Section 604 of title VI of Pub. L. 103-359 provided that: "As used in this title [enacting this section and provisions set out as a note under section 403-3 of this title]: "(1) Intelligence committees. - The term 'intelligence committees' means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. "(2) Intelligence community. - The term 'intelligence community' has the same meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))." -End- -CITE- 50 USC Sec. 403-3 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403-3. Office of the Director of National Intelligence -STATUTE- (a) Office of Director of National Intelligence There is an Office of the Director of National Intelligence. (b) Function The function of the Office of the Director of National Intelligence is to assist the Director of National Intelligence in carrying out the duties and responsibilities of the Director under this Act, the National Security Act of 1947 (50 U.S.C. 401 et seq.), and other applicable provisions of law, and to carry out such other duties as may be prescribed by the President or by law. (c) Composition The Office of the Director of National Intelligence is composed of the following: (1) The Director of National Intelligence. (2) The Principal Deputy Director of National Intelligence. (3) Any Deputy Director of National Intelligence appointed under section 403-3a of this title. (4) The National Intelligence Council. (5) The General Counsel. (6) The Civil Liberties Protection Officer. (7) The Director of Science and Technology. (8) The National Counterintelligence Executive (including the Office of the National Counterintelligence Executive). (9) Such other offices and officials as may be established by law or the Director may establish or designate in the Office, including national intelligence centers. (d) Staff (1) To assist the Director of National Intelligence in fulfilling the duties and responsibilities of the Director, the Director shall employ and utilize in the Office of the Director of National Intelligence a professional staff having an expertise in matters relating to such duties and responsibilities, and may establish permanent positions and appropriate rates of pay with respect to that staff. (2) The staff of the Office of the Director of National Intelligence under paragraph (1) shall include the staff of the Office of the Deputy Director of Central Intelligence for Community Management that is transferred to the Office of the Director of National Intelligence under section 1091 of the National Security Intelligence Reform Act of 2004. (e) Limitation on co-location with other elements of intelligence community Commencing as of October 1, 2008, the Office of the Director of National Intelligence may not be co-located with any other element of the intelligence community. -SOURCE- (July 26, 1947, ch. 343, title I, Sec. 103, as added Pub. L. 108- 458, title I, Sec. 1011(a), Dec. 17, 2004, 118 Stat. 3655.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (b), probably means Pub. L. 108- 458, Dec. 17, 2004, 118 Stat. 3638, known as the Intelligence Reform and Terrorism Prevention Act of 2004. For complete classification of this Act to the Code, see Short Title of 2004 Amendment note set out under section 401 of this title and Tables. The National Security Act of 1947, referred to in subsec. (b), is act July 26, 1947, ch. 343, 61 Stat. 495, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 401 of this title and Tables. Section 1091 of the National Security Intelligence Reform Act of 2004, referred to in subsec. (d)(2), is section 1091 of Pub. L. 108- 458, which is set out as a note under section 401 of this title. -MISC1- PRIOR PROVISIONS A prior section 403-3, act July 26, 1947, ch. 343, title I, Sec. 103, as added Pub. L. 102-496, title VII, Sec. 705(a)(3), Oct. 24, 1992, 106 Stat. 3190; amended Pub. L. 103-178, title V, Sec. 502, Dec. 3, 1993, 107 Stat. 2038; Pub. L. 104-293, title VIII, Secs. 806, 807(a), Oct. 11, 1996, 110 Stat. 3479, 3480; Pub. L. 107-56, title IX, Sec. 901, Oct. 26, 2001, 115 Stat. 387, related to responsibilities of Director of Central Intelligence, prior to repeal by Pub. L. 108-458, title I, Secs. 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 403-1 and 403-4a of this title. Another prior section 103 of act July 26, 1947, was renumbered section 107 and is classified to section 404 of this title. EFFECTIVE DATE For 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 401 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. 108-458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of this title. -End- -CITE- 50 USC Sec. 403-3a 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403-3a. Deputy Directors of National Intelligence -STATUTE- (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 officer's 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. -SOURCE- (July 26, 1947, ch. 343, title I, Sec. 103A, as added Pub. L. 108- 458, title I, Sec. 1011(a), Dec. 17, 2004, 118 Stat. 3656.) -MISC1- EFFECTIVE DATE For 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 401 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. 108-458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of this title. -End- -CITE- 50 USC Sec. 403-3b 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403-3b. National Intelligence Council -STATUTE- (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 403-1 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. -SOURCE- (July 26, 1947, ch. 343, title I, Sec. 103B, as added Pub. L. 108- 458, title I, Sec. 1011(a), Dec. 17, 2004, 118 Stat. 3657.) -MISC1- EFFECTIVE DATE For 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 401 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. 108-458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of this title. -End- -CITE- 50 USC Sec. 403-3c 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403-3c. General Counsel -STATUTE- (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. -SOURCE- (July 26, 1947, ch. 343, title I, Sec. 103C, as added Pub. L. 108- 458, title I, Sec. 1011(a), Dec. 17, 2004, 118 Stat. 3658.) -MISC1- EFFECTIVE DATE For 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 401 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. 108-458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of this title. -End- -CITE- 50 USC Sec. 403-3d 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403-3d. Civil Liberties Protection Officer -STATUTE- (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) of this section. -SOURCE- (July 26, 1947, ch. 343, title I, Sec. 103D, as added Pub. L. 108- 458, title I, Sec. 1011(a), Dec. 17, 2004, 118 Stat. 3658.) -REFTEXT- REFERENCES IN TEXT The Privacy Act, referred to in subsec. (b)(5), probably means the Privacy Act of 1974, Pub. L. 93-579, Dec. 31, 1974, 88 Stat. 1896, as amended, 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. -MISC1- EFFECTIVE DATE For 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 401 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. 108-458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of this title. -End- -CITE- 50 USC Sec. 403-3e 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403-3e. Director of Science and Technology -STATUTE- (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. (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) of this section; (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. -SOURCE- (July 26, 1947, ch. 343, title I, Sec. 103E, as added Pub. L. 108- 458, title I, Sec. 1011(a), Dec. 17, 2004, 118 Stat. 3659.) -MISC1- EFFECTIVE DATE For 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 401 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. 108-458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of this title. -End- -CITE- 50 USC Sec. 403-3f 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403-3f. National Counterintelligence Executive -STATUTE- (a) National Counterintelligence Executive The National Counterintelligence Executive under section 902 of the Counterintelligence Enhancement Act of 2002 [50 U.S.C. 402b] is a component of the Office of the Director of National Intelligence. (b) Duties The National Counterintelligence Executive 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. -SOURCE- (July 26, 1947, ch. 343, title I, Sec. 103F, as added Pub. L. 108- 458, title I, Sec. 1011(a), Dec. 17, 2004, 118 Stat. 3660.) -REFTEXT- REFERENCES IN TEXT The Counterintelligence Enhancement Act of 2002, referred to in subsec. (b), is title IX of Pub. L. 107-306, Nov. 27, 2002, 116 Stat. 2432, which enacted sections 402b and 402c of this title, amended section 402a of this title, and enacted provisions set out as notes under sections 401 and 402b of this title. For complete classification of this Act to the Code, see Short Title of 2002 Amendment note set out under section 401 of this title and Tables. -MISC1- EFFECTIVE DATE For 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 401 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. 108-458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of this title. -End- -CITE- 50 USC Sec. 403-3g 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403-3g. Chief Information Officer -STATUTE- (a) Chief Information Officer To assist the Director of National Intelligence in carrying out the responsibilities of the Director under this Act and other applicable provisions of law, there shall be within the Office of the Director of National Intelligence a Chief Information Officer who shall be appointed by the President, by and with the advice and consent of the Senate. (b) Chief Information Officer of intelligence community The Chief Information Officer shall serve as the chief information officer of the intelligence community. (c) Duties and responsibilities Subject to the direction of the Director of National Intelligence, the Chief Information Officer 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. (d) Prohibition on simultaneous service as other chief information officer An individual serving in the position of Chief Information Officer 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. -SOURCE- (July 26, 1947, ch. 343, title I, Sec. 103G, as added Pub. L. 108- 487, title III, Sec. 303(a)(1), Dec. 23, 2004, 118 Stat. 3944.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (a), means act July 26, 1947, ch. 343, 61 Stat. 495, as amended, known as the National Security Act of 1947. For complete classification of this Act to the Code, see Short Title note set out under section 401 of this title and Tables. -MISC1- EFFECTIVE DATE Pub. L. 108-487, title III, Sec. 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. 108-458, set out in an Effective Date of 2004 Amendment; Transfer, Termination, and Transition Provisions note under section 401 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]." -End- -CITE- 50 USC Sec. 403-4 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403-4. Central Intelligence Agency -STATUTE- (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 403-4a(c) of this title. -SOURCE- (July 26, 1947, ch. 343, title I, Sec. 104, as added Pub. L. 108- 458, title I, Sec. 1011(a), Dec. 17, 2004, 118 Stat. 3660.) -MISC1- PRIOR PROVISIONS A prior section 403-4, act July 26, 1947, ch. 343, title I, Sec. 104, as added Pub. L. 102-496, title VII, Sec. 705(a)(3), Oct. 24, 1992, 106 Stat. 3192; amended Pub. L. 104-106, div. A, title XV, Sec. 1502(f)(5), Feb. 10, 1996, 110 Stat. 510; Pub. L. 104-293, title VIII, Sec. 807(b), Oct. 11, 1996, 110 Stat. 3480; Pub. L. 106- 65, div. A, title X, Sec. 1067(16), Oct. 5, 1999, 113 Stat. 775; Pub. L. 106-567, title I, Sec. 105, Dec. 27, 2000, 114 Stat. 2834; Pub. L. 107-306, title III, Secs. 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. 108-458, title I, Secs. 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 403-1 and 403-4a of this title. Another prior section 104 of act July 26, 1947, was renumbered section 108 and is classified to section 404a of this title. EFFECTIVE DATE For 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 401 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. 108-458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of this title. IMPLEMENTATION OF COMPENSATION REFORM PLAN Pub. L. 108-177, title IV, Sec. 405(c), Dec. 13, 2003, 117 Stat. 2633, required the Director of Central Intelligence to submit to the congressional intelligence committees a report on the compensation of Central Intelligence Agency employees participating in the pilot project under section 402(b) of Pub. L. 107-306, formerly set out below. Pub. L. 107-306, title IV, Sec. 402, Nov. 27, 2002, 116 Stat. 2403, as amended by Pub. L. 108-177, title IV, Sec. 405(a), Dec. 13, 2003, 117 Stat. 2632, delayed implementation of a compensation reform plan for Central Intelligence Agency employees, required the Director of Central Intelligence to conduct a pilot project to test the efficacy and fairness of the plan and to submit a report on the project to the congressional intelligence committees, and expressed the sense of Congress that the Director of the National Security Agency should delay implementation of a compensation reform plan for National Security Agency employees and that an employee performance evaluation mechanism should be phased in before implementation of any new compensation plan at either Agency. DESIGNATION OF HEADQUARTERS COMPOUND OF CENTRAL INTELLIGENCE AGENCY AS THE GEORGE BUSH CENTER FOR INTELLIGENCE Pub. L. 105-272, title III, Sec. 309, Oct. 20, 1998, 112 Stat. 2403, provided that: "(a) Designation. - The headquarters compound of the Central Intelligence Agency located in Langley, Virginia, shall be known and designated as the 'George Bush Center for Intelligence'. "(b) References. - Any reference in a law, map, regulation, document, paper, or other record of the United States to the headquarters compound referred to in subsection (a) shall be deemed to be a reference to the 'George Bush Center for Intelligence'." COMMUNICATION OF RESTRICTED DATA Authorization 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. -End- -CITE- 50 USC Sec. 403-4a 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403-4a. Director of the Central Intelligence Agency -STATUTE- (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) of this section. (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. (g) Foreign language proficiency for certain senior level positions in Central Intelligence Agency (1) Except as provided pursuant to paragraph (2), an individual may not be appointed to a position in the Senior Intelligence Service in the Directorate of Intelligence or the Directorate of Operations of the Central Intelligence Agency unless the Director of the Central Intelligence Agency determines that the individual - (A) 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; and (B) is able to effectively communicate the priorities of the United States and exercise influence in that foreign language. (2) The Director of the Central Intelligence Agency may, in the discretion of the Director, waive the application of paragraph (1) to any position or category of positions otherwise covered by that paragraph if the Director determines that foreign language proficiency is not necessary for the successful performance of the duties and responsibilities of such position or category of positions. -SOURCE- (July 26, 1947, ch. 343, title I, Sec. 104A, as added Pub. L. 108- 458, title I, Sec. 1011(a), Dec. 17, 2004, 118 Stat. 3660; amended Pub. L. 108-487, title VI, Sec. 611(a), Dec. 23, 2004, 118 Stat. 3954.) -MISC1- AMENDMENTS 2004 - Subsec. (g). Pub. L. 108-487 added subsec. (g). EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108-487, title VI, Sec. 611(b), Dec. 23, 2004, 118 Stat. 3955, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to appointments made on or after the date that is one year after the date of the enactment of this Act [Dec. 23, 2004]." EFFECTIVE DATE For 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 401 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. 108-458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of this title. POST-EMPLOYMENT RESTRICTIONS Pub. L. 104-293, title IV, Sec. 402, Oct. 11, 1996, 110 Stat. 3468, provided that: "(a) In General. - Not later than 90 days after the date of enactment of this Act [Oct. 11, 1996], the Director of Central Intelligence shall prescribe regulations requiring each employee of the Central Intelligence Agency designated by the Director for such purpose to sign a written agreement restricting the activities of the employee upon ceasing employment with the Central Intelligence Agency. The Director may designate a group or class of employees for such purpose. "(b) Agreement Elements. - The regulations shall provide that an agreement contain provisions specifying that the employee concerned not represent or advise the government, or any political party, of any foreign country during the three-year period beginning on the cessation of the employee's employment with the Central Intelligence Agency unless the Director determines that such representation or advice would be in the best interests of the United States. "(c) Disciplinary Actions. - The regulations shall specify appropriate disciplinary actions (including loss of retirement benefits) to be taken against any employee determined by the Director of Central Intelligence to have violated the agreement of the employee under this section." [Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note under section 401 of this title.] -EXEC- EX. ORD. NO. 13355. STRENGTHENED MANAGEMENT OF THE INTELLIGENCE COMMUNITY Ex. Ord. No. 13355, Aug. 27, 2004, 69 F.R. 53593, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, including section 103(c)(8) of the National Security Act of 1947, as amended [former 50 U.S.C. 403-3(c)(8)] (Act), and in order to further strengthen the effective conduct of United States intelligence activities and protect the territory, people, and interests of the United States of America, including against terrorist attacks, it is hereby ordered as follows: Section 1. Strengthening the Authority of the Director of Central Intelligence. The Director of Central Intelligence (Director) shall perform the functions set forth in this order to ensure an enhanced joint, unified national intelligence effort to protect the national security of the United States. Such functions shall be in addition to those assigned to the Director by law, Executive Order, or Presidential directive. Sec. 2. Strengthened Role in National Intelligence. [Amended Ex. Ord. No. 12333, set out under section 401 of this title.] Sec. 3. Strengthened Control of Intelligence Funding. [Amended Ex. Ord. No. 12333.] Sec. 4. Strengthened Role in Selecting Heads of Intelligence Organizations. With respect to a position that heads an organization within the Intelligence Community: (a) if the appointment to that position is made by the head of the department or agency or a subordinate thereof, no individual shall be appointed to such position without the concurrence of the Director; (b) if the appointment to that position is made by the President alone, any recommendation to the President to appoint an individual to that position shall be accompanied by the recommendation of the Director with respect to the proposed appointment; and (c) if the appointment to that position is made by the President, by and with the advice and consent of the Senate, any recommendation to the President for nomination of an individual for that position shall be accompanied by the recommendation of the Director with respect to the proposed nomination. Sec. 5. Strengthened Control of Standards and Qualifications. The Director shall issue, after coordination with the heads of departments and agencies with an organization in the Intelligence Community, and not later than 120 days after the date of this order, and thereafter as appropriate, standards and qualifications for persons engaged in the performance of United States intelligence activities, including but not limited to: (a) standards for training, education, and career development of personnel within organizations in the Intelligence Community, and for ensuring compatible personnel policies and an integrated professional development and education system across the Intelligence Community, including standards that encourage and facilitate service in multiple organizations within the Intelligence Community and make such rotated service a factor to be considered for promotion to senior positions; (b) standards for attracting and retaining personnel who meet the requirements for effective conduct of intelligence activities; (c) standards for common personnel security policies among organizations within the Intelligence Community; and (d) qualifications for assignment of personnel to centers established under section 1.5(g)(2) of Executive Order 12333 [50 U.S.C. 401 note], as amended by section 2 of this order. Sec. 6. Technical Corrections. [Amended Ex. Ord. No. 12333.] Sec. 7. General Provisions. (a) This order and the amendments made by this order: (i) shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations; (ii) shall be implemented in a manner consistent with the authority of the principal officers of the executive departments as heads of their respective departments, including under section 199 of the Revised Statutes (22 U.S.C. 2651), section 201 of the Department of Energy Reorganization [Organization] Act (42 U.S.C. 7131), section 102(a) of the Homeland Security Act of 2002 (6 U.S.C. 112(a)), and 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; and (iii) shall not be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, and legislative proposals. (b) Nothing in section 4 of this order limits or otherwise affects - (i) the appointment of an individual to a position made before the date of this order; or (ii) the power of the President as an appointing authority to terminate an appointment. (c) Nothing in this order shall be construed to impair or otherwise affect any authority to provide intelligence to the President, the Vice President in the performance of Executive functions, and other officials in the executive branch. (d) This order and amendments made by this order are intended only to improve the internal management of the Federal Government and are not intended to, and do not, create any rights or benefits, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person. George W. Bush. -End- -CITE- 50 USC Sec. 403-4b 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403-4b. Transformation of Central Intelligence Agency -STATUTE- The Director of the Central Intelligence Agency shall, in accordance with standards developed by the Director in consultation with the Director of National Intelligence - (1) enhance the analytic, human intelligence, and other capabilities of the Central Intelligence Agency; (2) develop and maintain an effective language program within the Agency; (3) emphasize the hiring of personnel of diverse backgrounds for purposes of improving the capabilities of the Agency; (4) establish and maintain effective relationships between human intelligence and signals intelligence within the Agency at the operational level; and (5) achieve a more effective balance within the Agency with respect to unilateral operations and liaison operations. -SOURCE- (Pub. L. 108-458, title I, Sec. 1011(c), Dec. 17, 2004, 118 Stat. 3661.) -COD- CODIFICATION Section was enacted as part of the Intelligence Reform and Terrorism Prevention Act of 2004, and also as part of the National Security Intelligence Reform Act of 2004, and not as part of the National Security Act of 1947 which comprises this chapter. -MISC1- EFFECTIVE DATE For 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 401 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. 108-458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of this title. SENSE OF CONGRESS Pub. L. 108-458, title I, Sec. 1011(b), Dec. 17, 2004, 118 Stat. 3661, provided that: "It is the sense of Congress that - "(1) the human intelligence officers of the intelligence community have performed admirably and honorably in the face of great personal dangers; "(2) during an extended period of unprecedented investment and improvements in technical collection means, the human intelligence capabilities of the United States have not received the necessary and commensurate priorities; "(3) human intelligence is becoming an increasingly important capability to provide information on the asymmetric threats to the national security of the United States; "(4) the continued development and improvement of a robust and empowered and flexible human intelligence work force is critical to identifying, understanding, and countering the plans and intentions of the adversaries of the United States; and "(5) an increased emphasis on, and resources applied to, enhancing the depth and breadth of human intelligence capabilities of the United States intelligence community must be among the top priorities of the Director of National Intelligence." -End- -CITE- 50 USC Sec. 403-5 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403-5. Responsibilities of Secretary of Defense pertaining to National Intelligence Program -STATUTE- (a) In general Consistent with sections 403 and 403-1 of this title, the Secretary of Defense, in consultation with the Director of National Intelligence, shall - (1) ensure that the budgets of the elements of the intelligence community within the Department of Defense are adequate to satisfy the overall intelligence needs of the Department of Defense, including the needs of the chairman (!1) of the Joint Chiefs of Staff and the commanders of the unified and specified commands and, wherever such elements are performing governmentwide functions, the needs of other departments and agencies; (2) ensure appropriate implementation of the policies and resource decisions of the Director by elements of the Department of Defense within the National Intelligence Program; (3) ensure that the tactical intelligence activities of the Department of Defense complement and are compatible with intelligence activities under the National Intelligence Program; (4) ensure that the elements of the intelligence community within the Department of Defense are responsive and timely with respect to satisfying the needs of operational military forces; (5) eliminate waste and unnecessary duplication among the intelligence activities of the Department of Defense; and (6) ensure that intelligence activities of the Department of Defense are conducted jointly where appropriate. (b) Responsibility for performance of specific functions Consistent with sections 403 and 403-1 of this title, the Secretary of Defense shall ensure - (1) through the National Security Agency (except as otherwise directed by the President or the National Security Council), the continued operation of an effective unified organization for the conduct of signals intelligence activities and shall ensure that the product is disseminated in a timely manner to authorized recipients; (2) through the National Geospatial-Intelligence Agency (except as otherwise directed by the President or the National Security Council), with appropriate representation from the intelligence community, the continued operation of an effective unified organization within the Department of Defense - (A) for carrying out tasking of imagery collection; (B) for the coordination of imagery processing and exploitation activities; (C) for ensuring the dissemination of imagery in a timely manner to authorized recipients; and (D) notwithstanding any other provision of law, for - (i) prescribing technical architecture and standards related to imagery intelligence and geospatial information and ensuring compliance with such architecture and standards; and (ii) developing and fielding systems of common concern related to imagery intelligence and geospatial information; (3) through the National Reconnaissance Office (except as otherwise directed by the President or the National Security Council), the continued operation of an effective unified organization for the research and development, acquisition, and operation of overhead reconnaissance systems necessary to satisfy the requirements of all elements of the intelligence community; (4) through the Defense Intelligence Agency (except as otherwise directed by the President or the National Security Council), the continued operation of an effective unified system within the Department of Defense for the production of timely, objective military and military-related intelligence, based upon all sources available to the intelligence community, and shall ensure the appropriate dissemination of such intelligence to authorized recipients; (5) through the Defense Intelligence Agency (except as otherwise directed by the President or the National Security Council), effective management of Department of Defense human intelligence activities, including defense attaches; and (6) that the military departments maintain sufficient capabilities to collect and produce intelligence to meet - (A) the requirements of the Director of National Intelligence; (B) the requirements of the Secretary of Defense or the Chairman of the Joint Chiefs of Staff; (C) the requirements of the unified and specified combatant commands and of joint operations; and (D) the specialized requirements of the military departments for intelligence necessary to support tactical commanders, military planners, the research and development process, the acquisition of military equipment, and training and doctrine. (c) Use of elements of Department of Defense The Secretary of Defense, in carrying out the functions described in this section, may use such elements of the Department of Defense as may be appropriate for the execution of those functions, in addition to, or in lieu of, the elements identified in this section. -SOURCE- (July 26, 1947, ch. 343, title I, Sec. 105, as added Pub. L. 102- 496, title VII, Sec. 706(a), Oct. 24, 1992, 106 Stat. 3194; amended Pub. L. 103-359, title V, Sec. 501(a)(2), Oct. 14, 1994, 108 Stat. 3428; Pub. L. 104-201, div. A, title XI, Sec. 1114(a), Sept. 23, 1996, 110 Stat. 2684; Pub. L. 104-293, title VIII, Sec. 808, Oct. 11, 1996, 110 Stat. 3481; Pub. L. 107-306, title VIII, Sec. 811(b)(1)(A), Nov. 27, 2002, 116 Stat. 2421; Pub. L. 108-136, div. A, title IX, Sec. 921(e)(2), Nov. 24, 2003, 117 Stat. 1569; Pub. L. 108-177, title III, Sec. 361(a), Dec. 13, 2003, 117 Stat. 2625; Pub. L. 108-458, title I, Secs. 1071(a)(1)(E), (F), (2)(A), 1072(a)(2), (3), 1074(b)(1)(B), Dec. 17, 2004, 118 Stat. 3689, 3690, 3692, 3694.) -MISC1- AMENDMENTS 2004 - Pub. L. 108-458, Sec. 1074(b)(1)(B)(ii), struck out "Foreign" before "Intelligence" in section catchline. Subsec. (a). Pub. L. 108-458, Sec. 1072(a)(2), substituted "Consistent with sections 403 and 403-1 of this title, the Secretary" for "The Secretary" in introductory provisions. Pub. L. 108-458, Sec. 1071(a)(1)(E), substituted "Director of National Intelligence" for "Director of Central Intelligence" in introductory provisions. Subsec. (a)(2). Pub. L. 108-458, Sec. 1074(b)(1)(B)(i), substituted "National Intelligence Program" for "National Foreign Intelligence Program". Pub. L. 108-458, Sec. 1071(a)(2)(A), struck out "of Central Intelligence" after "Director". Subsec. (a)(3). Pub. L. 108-458, Sec. 1074(b)(1)(B)(i), substituted "National Intelligence Program" for "National Foreign Intelligence Program". Subsec. (b). Pub. L. 108-458, Sec. 1072(a)(3), substituted "403 and 403-1" for "403-3 and 403-4" in introductory provisions. Subsec. (b)(6)(A). Pub. L. 108-458, Sec. 1071(a)(1)(F), substituted "Director of National Intelligence" for "Director of Central Intelligence". 2003 - Subsec. (b)(2). Pub. L. 108-136, Sec. 921(e)(2), substituted "National Geospatial-Intelligence Agency" for "National Imagery and Mapping Agency". Subsec. (d). Pub. L. 108-177 struck out subsec. (d) which related to annual evaluations of performance and responsiveness of certain elements of the intelligence community. Subsec. (d)(3). Pub. L. 108-136, Sec. 921(e)(2), substituted "National Geospatial-Intelligence Agency" for "National Imagery and Mapping Agency". 2002 - Subsec. (d). Pub. L. 107-306 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: "The Director of Central Intelligence, in consultation with the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, shall submit each year to the Committee on Foreign Intelligence of the National Security Council and the appropriate congressional committees (as defined in section 404d(c) of this title) an evaluation of the performance and the responsiveness of the National Security Agency, the National Reconnaissance Office, and the National Imagery and Mapping Agency in meeting their national missions." 1996 - Subsec. (a). Pub. L. 104-293, Sec. 808(1), inserted ", in consultation with the Director of Central Intelligence," after "Secretary of Defense" in introductory provisions. Subsec. (b)(2). Pub. L. 104-201 amended par. (2) generally. Prior to amendment, par. (2) read as follows: "through the Central Imagery Office (except as otherwise directed by the President or the National Security Council), with appropriate representation from the intelligence community, the continued operation of an effective unified organization within the Department of Defense for carrying out tasking of imagery collection, for the coordination of imagery processing and exploitation activities, and for ensuring the dissemination of imagery in a timely manner to authorized recipients;". Subsec. (d). Pub. L. 104-293, Sec. 808(2), added subsec. (d). 1994 - Subsec. (b)(2). Pub. L. 103-359 substituted "the Central Imagery Office" for "a central imagery authority". EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108-458 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 401 of this title. Amendment by Pub. L. 108-458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108-458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of this title. EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108-177 effective Dec. 31, 2003, see section 361(n) of Pub. L. 108-177, set out as a note under section 1611 of Title 10, Armed Forces. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section 1124 of Pub. L. 104-201, set out as a note under section 193 of Title 10, Armed Forces. DEPARTMENT OF DEFENSE STRATEGY FOR OPEN-SOURCE INTELLIGENCE Pub. L. 109-163, div. A, title IX, Sec. 931, Jan. 6, 2006, 119 Stat. 3411, provided that: "(a) Findings. - Congress makes the following findings: "(1) Open-source intelligence (OSINT) is intelligence that is produced from publicly available information and is collected, exploited, and disseminated in a timely manner to an appropriate audience for the purpose of addressing a specific intelligence requirement. "(2) With the Information Revolution, the amount, significance, and accessibility of open-source information has expanded significantly, but the intelligence community has not expanded its exploitation efforts and systems to produce open-source intelligence. "(3) The production of open-source intelligence is a valuable intelligence discipline that must be integrated into intelligence tasking, collection, processing, exploitation, and dissemination to ensure that United States policymakers are fully and completely informed. "(4) The dissemination and use of validated open-source intelligence inherently enables information sharing since open- source intelligence is produced without the use of sensitive sources and methods. Open-source intelligence products can be shared with the American public and foreign allies because of the unclassified nature of open-source intelligence. "(5) The National Commission on Terrorist Attacks Upon the United States (popularly referred to as the '9/11 Commission'), in its final report released on July 22, 2004, identified shortfalls in the ability of the United States to use all-source intelligence, a large component of which is open-source intelligence. "(6) In the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) [see Tables for classification], Congress calls for coordination of the collection, analysis, production, and dissemination of open-source intelligence. "(7) The Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction, in its report to the President released on March 31, 2005, found that 'the need for exploiting open-source material is greater now than ever before,' but that 'the Intelligence Community's open source programs have not expanded commensurate with either the increase in available information or with the growing importance of open source data to today's problems'. "(b) Department of Defense Strategy for Open-Source Intelligence. - "(1) Development of strategy. - The Secretary of Defense shall develop a strategy for the purpose of integrating open-source intelligence into the Defense intelligence process. The strategy shall be known as the 'Defense Strategy for Open-Source Intelligence'. The strategy shall be incorporated within the larger Defense intelligence strategy. "(2) Submission. - The Secretary shall submit to Congress a report setting forth the strategy developed under paragraph (1). The report shall be submitted not later than 180 days after the date of the enactment of this Act [Jan. 6, 2006]. "(c) Matters to Be Included. - The strategy under subsection (b) shall include the following: "(1) A plan for providing funds over the period of the future- years defense program for the development of a robust open- source intelligence capability for the Department of Defense, with particular emphasis on exploitation and dissemination. "(2) A description of how management of the collection of open- source intelligence is currently conducted within the Department of Defense and how that management can be improved. "(3) A description of the tools, systems, centers, organizational entities, and procedures to be used within the Department of Defense to perform open-source intelligence tasking, collection, processing, exploitation, and dissemination. "(4) A description of proven tradecraft for effective exploitation of open-source intelligence, to include consideration of operational security. "(5) A detailed description on how open-source intelligence will be fused with all other intelligence sources across the Department of Defense. "(6) A description of - "(A) a training plan for Department of Defense intelligence personnel with respect to open-source intelligence; and "(B) open-source intelligence guidance for Department of Defense intelligence personnel. "(7) A plan to incorporate the function of oversight of open- source intelligence - "(A) into the Office of the Undersecretary of Defense for Intelligence; and "(B) into service intelligence organizations. "(8) A plan to incorporate and identify an open-source intelligence specialty into personnel systems of the Department of Defense, including military personnel systems. "(9) A plan for the use of intelligence personnel of the reserve components to augment and support the open-source intelligence mission. "(10) A plan for the use of the Open-Source Information System for the purpose of exploitation and dissemination of open-source intelligence." ROLE OF DIRECTOR OF CENTRAL INTELLIGENCE IN EXPERIMENTAL PERSONNEL PROGRAM FOR CERTAIN SCIENTIFIC AND TECHNICAL PERSONNEL Pub. L. 106-567, title V, Sec. 501, Dec. 27, 2000, 114 Stat. 2850, as amended by Pub. L. 108-136, div. A, title IX, Sec. 921(g), Nov. 24, 2003, 117 Stat. 1570, provided that: "If the Director of Central Intelligence requests that the Secretary of Defense exercise any authority available to the Secretary under section 1101(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 5 U.S.C. 3104 note) to carry out a program of special personnel management authority at the National Geospatial-Intelligence Agency and the National Security Agency in order to facilitate recruitment of eminent experts in science and engineering at such agencies, the Secretary shall respond to such request not later than 30 days after the date of such request." [Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note under section 401 of this title.] -FOOTNOTE- (!1) So in original. Probably should be capitalized. -End- -CITE- 50 USC Sec. 403-5a 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403-5a. Assistance to United States law enforcement agencies -STATUTE- (a) Authority to provide assistance Subject to subsection (b) of this section, 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) of this section 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) of this section: (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. -SOURCE- (July 26, 1947, ch. 343, title I, Sec. 105A, as added Pub. L. 104- 293, title VIII, Sec. 814(a), Oct. 11, 1996, 110 Stat. 3483; amended Pub. L. 108-136, div. A, title IX, Sec. 921(e)(3), Nov. 24, 2003, 117 Stat. 1569.) -MISC1- AMENDMENTS 2003 - Subsec. (b)(1)(C). Pub. L. 108-136 substituted "National Geospatial-Intelligence Agency" for "National Imagery and Mapping Agency". -End- -CITE- 50 USC Sec. 403-5b 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403-5b. Disclosure of foreign intelligence acquired in criminal investigations; notice of criminal investigations of foreign intelligence sources -STATUTE- (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) of this section and the provision of notice with respect to criminal investigations under subsection (b) of this section. -SOURCE- (July 26, 1947, ch. 343, title I, Sec. 105B, as added Pub. L. 107- 56, title IX, Sec. 905(a)(2), Oct. 26, 2001, 115 Stat. 388; amended Pub. L. 108-458, title I, Sec. 1071(a)(1)(G), (H), (2)(B), (C), Dec. 17, 2004, 118 Stat. 3689, 3690.) -MISC1- PRIOR PROVISIONS A prior section 403-5b, act July 26, 1947, ch. 343, title I, Sec. 105B, as added Pub. L. 106-120, title V, Sec. 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 432 of this title. AMENDMENTS 2004 - Subsec. (a)(1). Pub. L. 108-458, Sec. 1071(a)(1)(G), substituted "Director of National Intelligence" for "Director of Central Intelligence". Subsec. (a)(2). Pub. L. 108-458, Sec. 1071(a)(2)(B), struck out "of Central Intelligence" after "Director". Subsec. (b). Pub. L. 108-458, Sec. 1071(a)(2)(C), struck out "of Central Intelligence" after "notice to the Director". Pub. L. 108-458, Sec. 1071(a)(1)(H), substituted "with the Director of National Intelligence" for "with the Director of Central Intelligence". EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108-458 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 401 of this title. Amendment by Pub. L. 108-458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108-458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of this title. -End- -CITE- 50 USC Sec. 403-5c 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403-5c. Transferred -COD- CODIFICATION Section, act July 26, 1947, ch. 343, title I, Sec. 105C, formerly Sec. 105B, as added Pub. L. 106-120, title V, Sec. 501(a)(1), Dec. 3, 1999, 113 Stat. 1616; renumbered Sec. 105C, Pub. L. 107-56, title IX, Sec. 905(a)(1), Oct. 26, 2001, 115 Stat. 388; amended Pub. L. 107-306, title III, Sec. 353(b)(5), Nov. 27, 2002, 116 Stat. 2402; Pub. L. 108-136, div. A, title IX, Sec. 921(e)(4), Nov. 24, 2003, 117 Stat. 1569, which related to protection of operational files of the National Geospatial-Intelligence Agency, was renumbered section 702 of act July 26, 1947, by Pub. L. 108- 136, div. A, title IX, Sec. 922(c), Nov. 24, 2003, 117 Stat. 1573, and was transferred to section 432 of this title. -End- -CITE- 50 USC Sec. 403-5d 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403-5d. Foreign intelligence information -STATUTE- (1) In general Notwithstanding any other provision of law, it shall be lawful for foreign intelligence or counterintelligence (as defined in section 401a of this title) or foreign intelligence information obtained as part of a criminal investigation to be disclosed to any Federal law enforcement, intelligence, protective, immigration, national defense, or national security official in order to assist the official receiving that information in the performance of his official duties. Any Federal official who receives information pursuant to this provision may use that information only as necessary in the conduct of that person's official duties subject to any limitations on the unauthorized disclosure of such information. Consistent with the responsibility of the Director of Central Intelligence to protect intelligence sources and methods, and the responsibility of the Attorney General to protect sensitive law enforcement information, it shall be lawful for information revealing a threat of actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power, domestic or international sabotage, domestic or international terrorism, or clandestine intelligence gathering activities by an intelligence service or network of a foreign power or by an agent of a foreign power, within the United States or elsewhere, obtained as part of a criminal investigation to be disclosed to any appropriate Federal, State, local, or foreign government official for the purpose of preventing or responding to such a threat. Any official who receives information pursuant to this provision may use that information only as necessary in the conduct of that person's official duties subject to any limitations on the unauthorized disclosure of such information, and any State, local, or foreign official who receives information pursuant to this provision may use that information only consistent with such guidelines as the Attorney General and Director of Central Intelligence shall jointly issue. (2) Definition In this section, the term "foreign intelligence information" means - (A) information, whether or not concerning a United States person, that relates to the ability of the United States to protect against - (i) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power; (ii) sabotage or international terrorism by a foreign power or an agent of a foreign power; or (iii) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power; or (B) information, whether or not concerning a United States person, with respect to a foreign power or foreign territory that relates to - (i) the national defense or the security of the United States; or (ii) the conduct of the foreign affairs of the United States. -SOURCE- (Pub. L. 107-56, title II, Sec. 203(d), Oct. 26, 2001, 115 Stat. 281; Pub. L. 107-296, title VIII, Sec. 897(a), Nov. 25, 2002, 116 Stat. 2257.) -COD- CODIFICATION Section was enacted as part of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 or USA PATRIOT Act, and not as part of the National Security Act of 1947 which comprises this chapter. -MISC1- AMENDMENTS 2002 - Par. (1). Pub. L. 107-296 inserted at end "Consistent with the responsibility of the Director of Central Intelligence to protect intelligence sources and methods, and the responsibility of the Attorney General to protect sensitive law enforcement information, it shall be lawful for information revealing a threat of actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power, domestic or international sabotage, domestic or international terrorism, or clandestine intelligence gathering activities by an intelligence service or network of a foreign power or by an agent of a foreign power, within the United States or elsewhere, obtained as part of a criminal investigation to be disclosed to any appropriate Federal, State, local, or foreign government official for the purpose of preventing or responding to such a threat. Any official who receives information pursuant to this provision may use that information only as necessary in the conduct of that person's official duties subject to any limitations on the unauthorized disclosure of such information, and any State, local, or foreign official who receives information pursuant to this provision may use that information only consistent with such guidelines as the Attorney General and Director of Central Intelligence shall jointly issue." -CHANGE- CHANGE OF NAME Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note under section 401 of this title. -MISC2- EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296, set out as an Effective Date note under section 101 of Title 6, Domestic Security. -End- -CITE- 50 USC Sec. 403-5e 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403-5e. Transferred -COD- CODIFICATION Section, act July 26, 1947, ch. 343, title I, Sec. 105D, as added Pub. L. 107-306, title V, Sec. 502(a), Nov. 27, 2002, 116 Stat. 2405, which related to protection of operational files of the National Reconnaissance Office, was renumbered section 703 of act July 26, 1947, by Pub. L. 108-136, div. A, title IX, Sec. 922(c), Nov. 24, 2003, 117 Stat. 1573, and was transferred to section 432a of this title. -End- -CITE- 50 USC Sec. 403-6 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403-6. Appointment of officials responsible for intelligence- related activities -STATUTE- (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 of the Department of Energy. (F) The Director of the Office of Counterintelligence of the Department of Energy. (G) The Assistant Secretary for Intelligence and Analysis of the Department of the Treasury. (H) The Executive Assistant Director for Intelligence of the Federal Bureau of Investigation or any successor to that position. (I) 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. -SOURCE- (July 26, 1947, ch. 343, title I, Sec. 106, as added Pub. L. 102- 496, title VII, Sec. 706(a), Oct. 24, 1992, 106 Stat. 3195; amended Pub. L. 103-359, title V, Sec. 501(a)(3), Oct. 14, 1994, 108 Stat. 3428; Pub. L. 104-293, title VIII, Sec. 815(a), Oct. 11, 1996, 110 Stat. 3484; Pub. L. 107-108, title III, Sec. 308, Dec. 28, 2001, 115 Stat. 1399; Pub. L. 108-136, div. A, title IX, Sec. 921(e)(5), Nov. 24, 2003, 117 Stat. 1569; Pub. L. 108-177, title I, Sec. 105(c), Dec. 13, 2003, 117 Stat. 2603; Pub. L. 108-458, title I, Sec. 1014, Dec. 17, 2004, 118 Stat. 3663; Pub. L. 109-177, title V, Sec. 506(a)(4), Mar. 9, 2006, 120 Stat. 247; Pub. L. 110-53, title V, Sec. 531(b)(5), Aug. 3, 2007, 121 Stat. 334.) -MISC1- AMENDMENTS 2007 - Subsec. (b)(2)(I). Pub. L. 110-53 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. 109-177 added subpar. (C). 2004 - Pub. L. 108-458 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. 108-136 substituted "National Geospatial-Intelligence Agency" for "National Imagery and Mapping Agency". Subsec. (b)(2)(E). Pub. L. 108-177 added subpar. (E). 2001 - Subsec. (b)(2)(C), (D). Pub. L. 107-108 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. 104-293 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. 103-359 substituted "Central Imagery Office" for "central imagery authority" in heading and text. EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108-458 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 401 of this title. Amendment by Pub. L. 108-458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108-458, set out as an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of this title. -End- -CITE- 50 USC Sec. 403-7 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403-7. Prohibition on using journalists as agents or assets -STATUTE- (a) Policy It is the policy of the United States that an element of the Intelligence Community may not use as an agent or asset for the purposes of collecting intelligence any individual who - (1) is authorized by contract or by the issuance of press credentials to represent himself or herself, either in the United States or abroad, as a correspondent of a United States news media organization; or (2) is officially recognized by a foreign government as a representative of a United States media organization. (b) Waiver Pursuant to such procedures as the President may prescribe, the President or the Director of Central Intelligence may waive subsection (a) of this section in the case of an individual if the President or the Director, as the case may be, makes a written determination that the waiver is necessary to address the overriding national security interest of the United States. The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate shall be notified of any waiver under this subsection. (c) Voluntary cooperation Subsection (a) of this section shall not be construed to prohibit the voluntary cooperation of any person who is aware that the cooperation is being provided to an element of the United States Intelligence Community. -SOURCE- (Pub. L. 104-293, title III, Sec. 309, Oct. 11, 1996, 110 Stat. 3467.) -COD- CODIFICATION Section was enacted as part of the Intelligence Authorization Act for Fiscal Year 1997, and not as part of the National Security Act of 1947 which comprises this chapter. -CHANGE- CHANGE OF NAME Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note under section 401 of this title. -End- -CITE- 50 USC Sec. 403-8 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403-8. Reaffirmation of longstanding prohibition against drug trafficking by employees of the intelligence community -STATUTE- (a) Finding Congress finds that longstanding statutes, regulations, and policies of the United States prohibit employees, agents, and assets of the elements of the intelligence community, and of every other Federal department and agency, from engaging in the illegal manufacture, purchase, sale, transport, and distribution of drugs. (b) Obligation of employees of intelligence community Any employee of the intelligence community having knowledge of a fact or circumstance that reasonably indicates that an employee, agent, or asset of an element of the intelligence community is involved in any activity that violates a statute, regulation, or policy described in subsection (a) of this section shall report such knowledge to an appropriate official. (c) Intelligence community defined In this section, the term "intelligence community" has the meaning given that term in section 401a(4) of this title. -SOURCE- (Pub. L. 106-120, title III, Sec. 313, Dec. 3, 1999, 113 Stat. 1615.) -COD- CODIFICATION Section was enacted as part of the Intelligence Authorization Act for Fiscal Year 2000, and not as part of the National Security Act of 1947 which comprises this chapter. -End- -CITE- 50 USC Sec. 403a 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403a. Definitions relating to Central Intelligence Agency -STATUTE- When used in sections 403a to 403s of this title, the term - (1) "Agency" means the Central Intelligence Agency; (2) "Director" means the Director of the Central Intelligence Agency; and (3) "Government agency" means any executive department, commission, council, independent establishment, corporation wholly or partly owned by the United States which is an instrumentality of the United States, board, bureau, division, service, office, officer, authority, administration, or other establishment, in the executive branch of the Government. -SOURCE- (June 20, 1949, ch. 227, Sec. 1, 63 Stat. 208; Pub. L. 86-707, title V, Sec. 511(a)(3), (c)(1), Sept. 6, 1960, 74 Stat. 800, 801; Pub. L. 108-458, title I, Sec. 1077, Dec. 17, 2004, 118 Stat. 3695.) -COD- CODIFICATION Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter. -MISC1- AMENDMENTS 2004 - Pub. L. 108-458 redesignated subsecs. (a) to (c) as pars. (1) to (3), respectively, and amended par. (2) generally. Prior to amendment, par. (2) read as follows: " 'Director' means the Director of Central Intelligence;". 1960 - Subsec. (c). Pub. L. 86-707, Sec. 511(c)(1), substituted "Government." for "Government; and". Subsec. (d). Pub. L. 86-707, Sec. 511(a)(3), repealed subsec. (d) which defined "continental United States". See section 5921 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108-458 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 401 of this title. Amendment by Pub. L. 108-458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108-458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of this title. SHORT TITLE Act June 20, 1949, ch. 227, Sec. 10, formerly Sec. 12, 63 Stat. 212; renumbered Sec. 10, July 7, 1958, Pub. L. 85-507, Sec. 21(b)(2), 72 Stat. 337, provided that: "This Act [enacting section 403a et seq. of this title] may be cited as the 'Central Intelligence Agency Act of 1949'." SEPARABILITY Act June 20, 1949, Sec. 9, formerly Sec. 11, 63 Stat. 212; renumbered Sec. 9, July 7, 1958, Pub. L. 85-507, Sec. 21(b)(2), 72 Stat. 337, provided that: "If any provision of this Act [enacting sections 403a et seq. of this title], or the application of such provision to any person or circumstances, is held invalid, the remainder of this Act or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby." -End- -CITE- 50 USC Sec. 403b 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403b. Seal of office of Central Intelligence Agency -STATUTE- The Director shall cause a seal of office to be made for the Central Intelligence Agency, of such design as the President shall approve, and judicial notice shall be taken thereof. -SOURCE- (June 20, 1949, ch. 227, Sec. 2, 63 Stat. 208; Pub. L. 108-458, title I, Sec. 1071(b)(2)(A), Dec. 17, 2004, 118 Stat. 3690.) -COD- CODIFICATION Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter. -MISC1- AMENDMENTS 2004 - Pub. L. 108-458 struck out "of Central Intelligence" after "Director". EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108-458 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 401 of this title. Amendment by Pub. L. 108-458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108-458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of this title. -End- -CITE- 50 USC Sec. 403c 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403c. Procurement authority of Central Intelligence Agency -STATUTE- (a) Purchases and contracts for supplies and services In the performance of its functions the Central Intelligence Agency is authorized to exercise the authorities contained in sections 2304(a)(1) to (6), (10), (12), (15), (17), and sections 2305(a) to (c), 2306, 2307, 2308, 2309, 2312, and 2313 of title 10.(!1) (b) "Agency head" defined In the exercise of the authorities granted in subsection (a) of this section, the term "Agency head" shall mean the Director, the Deputy Director, or the Executive of the Agency. (c) Classes of purchases and contracts; finality of decision; powers delegable The determinations and decisions provided in subsection (a) of this section to be made by the Agency head may be made with respect to individual purchases and contracts or with respect to classes of purchases or contracts, and shall be final. Except as provided in subsection (d) of this section, the Agency head is authorized to delegate his powers provided in this section, including the making of such determinations and decisions, in his discretion and subject to his direction, to any other officer or officers or officials of the Agency. (d) Powers not delegable; written findings The power of the Agency head to make the determinations or decisions specified in paragraphs (12) and (15) of section 2304(a) and section 2307(a) of title 10 (!1) shall not be delegable. Each determination or decision required by paragraphs (12) and (15) of section 2304(a), by sections 2306 and 2313, or by section 2307(a) of title 10,(!1) shall be based upon written findings made by the official making such determinations, which findings shall be final and shall be available within the Agency for a period of at least six years following the date of the determination. -SOURCE- (June 20, 1949, ch. 227, Sec. 3, 63 Stat. 208; Pub. L. 97-269, title V, Sec. 502(a), Sept. 27, 1982, 96 Stat. 1145; Pub. L. 104- 106, div. E, title LVI, Sec. 5607(f), Feb. 10, 1996, 110 Stat. 702.) -COD- CODIFICATION Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter. In subsecs. (a) and (d), references to the appropriate sections of title 10 were substituted for references to sections 2(c)(1) to (6), (10), (12), (15), (17), 3, 4, 5, 6, and 10 of the Armed Services Procurement Act of 1947 (Public Law 413, 80th Congress), on authority of section 49(b) of act Aug. 10, 1956, ch. 1041, 70A Stat. 640, section 1 of which enacted Title 10, Armed Forces. Prior to the enactment of Title 10, sections 2 to 6 and 10 of the Armed Services Procurement Act of 1947 were classified to sections 151 to 155 and 159 of Title 41, Public Contracts. Cited sections of the Act were restated in sections of Title 10 as follows: Act Title 10 -------------------------------------------------------------------- 2(c) 2304(a) 3 2305(a)-(c) 4 2306, 2313 5 2307 5(a) 2307(a) 6 2312 10 2308, 2309 -------------------------------------------------------------------- Sections 2304 and 2305 of title 10 were amended generally by Pub. L. 98-369, and as so amended contain provisions differing from those referred to in subsecs. (a) and (d). Section 2308 of title 10 was repealed by Pub. L. 103-355, title I, Sec. 1503(b)(1), Oct. 13, 1994, 108 Stat. 3297. For similar provisions, see section 2311 of title 10. -MISC1- AMENDMENTS 1996 - Subsec. (e). Pub. L. 104-106 struck out subsec. (e) which read as follows: "Notwithstanding subsection (e) of section 759 of title 40, the provisions of section 759 of title 40 relating to the procurement of automatic data processing equipment or services shall not apply with respect to such procurement by the Central Intelligence Agency." 1982 - Subsec. (e). Pub. L. 97-269 added subsec. (e). EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub. L. 104-106, Feb. 10, 1996, 110 Stat. 702. EFFECTIVE DATE OF 1982 AMENDMENT Section 703 of title VII of Pub. L. 97-269 provided that: "The provisions of titles IV and V [enacting former section 202 of Title 10, Armed Forces, and amending this section] and of this title [which, except for enacting this note was not classified to the Code] shall become effective upon the date of the enactment of this Act [Sept. 27, 1982]." PROCUREMENT OF AUTOMATIC DATA PROCESSING EQUIPMENT OR SERVICES; CONTRACTS MADE BEFORE SEPTEMBER 27, 1982 Section 502(b) of Pub. L. 97-269 provided that: "Subsection (e) of section 3 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403c(e)), as added by subsection (a) of this section, does not apply to a contract made before the date of the enactment of this Act [Sept. 27, 1982]." -FOOTNOTE- (!1) See Codification note below. -End- -CITE- 50 USC Sec. 403d 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403d. Repealed. -MISC1- Sec. 403d. Repealed. Pub. L. 85-507, Sec. 21(b)(2), July 7, 1958, 72 Stat. 337. Section, act June 20, 1949, ch. 227, Sec. 4, 63 Stat. 208, related to education and training of officers and employees. See section 4101 et seq. of Title 5, Government Organization and Employees. Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter. -End- -CITE- 50 USC Sec. 403e 01/08/2008 -EXPCITE- TITLE 50 - WAR AND NATIONAL DEFENSE CHAPTER 15 - NATIONAL SECURITY SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY -HEAD- Sec. 403e. Central Intelligence Agency personnel; allowances and benefits -STATUTE- (a) Travel, allowances, and related expenses for officers and employees assigned to duty stations outside United States Under such regulations as the Director may prescribe, the Agency, with respect to its officers and employees assigned to duty stations outside the several States of the United States of America, excluding Alaska and Hawaii, but including the District of Columbia, shall - (1)(A) pay the travel expenses of officers and employees of the Agency, including expenses incurred while traveling pursuant to authorized home leave; (B) pay the travel expenses of members of the family of an officer or employee of the Agency when proceeding to or returning from his post of duty; accompanying him on authorized home leave; or otherwise traveling in accordance with authority granted pursuant to the terms of sections 403a to 403s of this title or any other Act; (C) pay the cost of transporting the furniture and household and personal effects of an officer or employee of the Agency to his successive posts of duty and, on the termination of his services, to his residence at time of appointment or to a point not more distant, or, upon retirement, to the place where he will reside; (D) pay the cost of packing and unpacking, transporting to and from a place of storage, and storing the furniture and household and personal effects of an officer or employee of the Agency, when he is absent from his post of assignment under orders, or when he is assigned to a post to which he cannot take or at which he is unable to use such furniture and household and personal effects, or when it is in the public interest or more economical to authorize storage; but in no instance shall the weight or volume of the effects stored together with the weight or volume of the effects transported exceed the maximum limitations fixed by regulations, when not otherwise fixed by law; (E) pay the cost of packing and unpacking, transporting to and from a place of storage, and storing the furniture and household and personal effects of an officer or employee of the Agency in connection with assignment or transfer to a new post, from the date of his departure from his last post or from the date of his departure, from his place of residence in the case of a new officer or employee and for not to exceed three months after arrival at the new post, or until the establishment of residence quarters, whichever shall be shorter; and in connection with separation of an officer or employee of the Agency, the cost of packing and unpacking, transporting to and from a place of storage, and storing for a period not to exceed three months, his furniture and household and personal effects; but in no instance shall the weight or volume of the effects stored together with the weight or volume of the effects transported exceed the maximum limitations fixed by regulations, when not otherwise fixed by law.(!1) (F) pay the travel expenses and transportation costs incident to the removal of the members of the family of an officer or employee of the Agency and his furniture and household and personal effects, including automobiles, from a post at which, because of the prevalence of disturbed conditions, there is imminent danger to life and property, and the return of such persons, furniture, and effects to such post upon the cessation of such conditions; or to such other post as may in the meantime have become the post to which such officer or employee has been assigned. (2) Charge expenses in connection with travel of personnel, their dependents, and transportation of their household goods and personal effects, involving a change of permanent station, to the appropriation for the fiscal year current when any part of either the travel or transportation pertaining to the transfer begins pursuant to previously issued travel and transfer orders, notwithstanding the fact that such travel or transportation may not all be effected during such fiscal year, or the travel and transfer orders may have been issued during the prior fiscal year. (3)(A) Order to any of the several States of the United States of America (including the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States) on leave of absence each officer or employee of the Agency who was a resident of the United States (as described above) at time of employment, upon completion of two years' continuous service abroad, or as soon as possible thereafter. (B) While in the United States (as described in paragraph (3)(A) of this subsection) (!2) on leave, the service of any officer or employee shall be available for work or duties in the Agency or elsewhere as the Director may prescribe; and the time of such work or duty shall not be counted as leave. (C) Where an officer or employee on leave returns to the United States (as described in paragraph (3)(A) of this subsection),(!2) leave of absence granted shall be exclusive of the time actually and necessarily occupied in going to and from the United States (as so described) and such time as may be necessarily occupied in awaiting transportation. (4) Notwithstanding the provisions of any other law, transport for or on behalf of an officer or employee of the Agency, a privately owned motor vehicle in any case in which it shall be determined that water, rail, or air transportation of the motor vehicle is necessary or expedient for all or any part of the distance between points of origin and destination, and pay the costs of such transportation. Not more than one motor vehicle of any officer or employee of the Agency may be transported under authority of this paragraph during any four-year period, except that, as a replacement for such motor vehicle, one additional motor vehicle of any such officer or employee may be so transported during such period upon approval, in advance, by the Director and upon a determination, in advance, by the Director that such replacement is necessary for reasons beyond the control of the officer or employee and is in the interest of the Government. After the expiration of a period of four years following the date of transportation under authority of this paragraph of a privately owned motor vehicle of any officer or employee who has remained in continuous service outside the several States of the United States of America, excluding Alaska and Hawaii, but including the District of Columbia, during such period, the transportation of a replacement for such motor vehicle for such officer or employee may be authorized by the Director in accordance with this paragraph. (5)(A) In the event of illness or injury requiring the hospitalization of an officer or full time employee of the Agency incurred while on assignment abroad, in a locality where there does not exist a suitable hospital or clinic, pay the travel expenses of such officer or employee by whatever means the Director deems appropriate and without regard to the Standardized Government Travel Regulations and section 5731 of title 5, to the nearest locality where a suitable hospital or clinic exists and on the recovery of such officer or employee pay for the travel expenses of the return to the post of duty of such officer or employee. If the officer or employee is too ill to travel unattended, the Director may also pay the travel expenses of an attendant; (B) Establish a first-aid station and provide for the services of a nurse at a post at which, in the opinion of the Director, sufficient personnel is employed to warrant such a station: Provided, That, in the opinion of the Director, it is not feasible to utilize an existing facility; (C) In the event of illness or injury requiring hospitalization of an officer or full time employee of the Agency incurred in the line of duty while such person is assigned abroad, pay for the cost of the treatment of such illness or injury at a suitable hospital or clinic; (D) Provide for the periodic physical examination of officers and employees of the Agency and for the cost of administering inoculation or vaccinations to such officers or employees. (6) Pay the costs of preparing and transporting the remains of an officer or employee of the Agency or a member of his family who may die while in travel status or abroad, to his home or official station, or to such other place as the Director may determine to be the appropriate place of interment, provided that in no case shall the expense payable be greater than the amount which would have been payable had the destination been the home or official station. (7) Pay the costs of travel of new appointees and their dependents, and the transportation of their household goods and personal effects, from places of actual residence in foreign countries at time of appointment to places of employment and return to their actual residences at the time of appointment or a point not more distant: Provided, That such appointees agree in writing to remain with the United States Government for a period of not less than twelve months from the time of appointment. Violation of such agreement for personal convenience of an employee or because of separation for misconduct will bar such return payments and, if determined by the Director or his designee to be in the best interests of the United States, any money expended by the United States on account of such travel and transportation shall be considered as a debt due by the individual concerned to the United States. (b) Allowances and benefits comparable to those paid members of Foreign Service; special requirements; persons detailed or assigned from other agencies; regulations (1) The Director may pay to officers and employees of the Agency, and to persons detailed or assigned to the Agency from other agencies of the Government or from the Armed Forces, allowances and benefits comparable to the allowances and benefits authorized to be paid to members of the Foreign Service under chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any other provision of law. (2) The Director may pay allowances and benefits related to officially authorized travel, personnel and physical security activities, operational activities, and cover-related activities (whether or not such allowances and benefits are otherwise authorized under this section or any other provision of law) when payment of such allowances and benefits is necessary to meet the special requirements of work related to such activities. Payment of allowances and benefits under this paragraph shall be in accordance with regulations prescribed by the Director. Rates for allowances and benefits under this paragraph may not be set at rates in excess of those authorized by section 5724 and 5724a of title 5 when reimbursement is provided for relocation attributable, in whole or in part, to relocation within the United States. (3) Notwithstanding any other provision of this section or any other provision of law relating to the officially authorized travel of Government employees, the Director, in order to reflect Agency requirements not taken into account in the formulation of Government-wide travel procedures, may by regulation - (A) authorize the travel of officers and employees of the Agency, and of persons detailed or assigned to the Agency from other agencies of the Government or from the Armed Forces who are engaged in the performance of intelligence functions, and (B) provide for payment for such travel, in classes of cases, as determined by the Director, in which such travel is important to the performance of intelligence functions. (4) Members of the Armed Forces may not receive benefits under both this section and title 37 for the same purpose. The Director and Secretary of Defense shall prescribe joint regulations to carry out the preceding sentence. (5) Regulations, other than regulations under paragraph (1), issued pursuant to this subsection shall be submitted to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate before such regulations take effect. -SOURCE- (June 20, 1949, ch. 227, Sec. 4, formerly Sec. 5, 63 Stat. 209; renumbered Sec. 4, Pub. L. 85-507, Sec. 21(b)(2), July 7, 1958, 72 Stat. 337; amended Pub. L. 86-707, title III, Secs. 301(b), 323, title V, Sec. 511(a)(3), (c)(2)-(5), Sept. 6, 1960, 74 Stat. 795, 798, 800, 801; Pub. L. 97-89, title V, Sec. 501, Dec. 4, 1981, 95 Stat. 1152; Pub. L. 103-359, title IV, Sec. 401, Oct. 14, 1994, 108 Stat. 3427; Pub. L. 108-177, title IV, Sec. 401, Dec. 13, 2003, 117 Stat. 2631.) -REFTEXT- REFERENCES IN TEXT The Foreign Service Act of 1980, referred to in subsec. (b)(1), is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended. Chapter 9 of title I of the Foreign Service Act of 1980 is classified generally to subchapter IX (Sec. 4081 et seq.) of chapter 52 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of Title 22 and Tables. -COD- CODIFICATION In subsec. (a)(3)(B), (C), "this subsection" substituted for "this section" as the probable intent of Congress in view of the designation of the existing provisions of this section as subsec. (a) and the addition of subsec. (b) by Pub. L. 97-89, title V, Sec. 501, Dec. 4, 1981, 95 Stat. 1152. Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter. -MISC1- AMENDMENTS 2003 - Subsec. (b)(5). Pub. L. 108-177 inserted ", other than regulations under paragraph (1)," after "Regulations". 1994 - Subsec. (a)(5)(A). Pub. L. 103-359, Sec. 401(1)(A)-(D), struck out ", not the result of vicious habits, intemperance, or misconduct on his part," after "the Agency" and substituted "the Director deems" for "he shall deem", "section 5731 of title 5" for "section 10 of the Act of March 3, 1933 (47 Stat. 1516; 5 U.S.C. 73b)", and "the recovery of such officer or employee" for "his recovery". Pub. L. 103-359, Sec. 401(1)(E), which directed the substitution of "the return to the post of duty of such officer or employee" for "his return to his post", was executed by making the substitution for "his return to his post of duty" to reflect the probable intent of Congress. Subsec. (a)(5)(B). Pub. L. 103-359, Sec. 401(2), substituted "the opinion of the Director" for "his opinion" in two places. Subsec. (a)(5)(C). Pub. L. 103-359, Sec. 401(3), struck out ", not the result of vicious habits, intemperance, or misconduct on his part," after "the Agency". 1981 - Pub. L. 97-89 designated existing provisions as subsec. (a) and added subsec. (b). 1960 - Pub. L. 86-707, Sec. 323(a), substituted "duty stations outside the several States of the United States of America, excluding Alaska and Hawaii, but including the District of Columbia" for "permanent-duty stations outside the continental United States, its territories, and possessions" in opening provisions, and struck out subsec. (a) designation. Par. (1)(A). Pub. L. 86-707, Sec. 511(c)(2), substituted "pursuant to authorized home leave" for "pursuant to orders issued by the Director in accordance with the provisions of subsection (a)(3) of this section with regard to the granting of home leave". Par. (1)(D). Pub. L. 86-707, Sec. 301(b), authorized payment of cost of packing and unpacking and transporting to and from a place of storage, extended authority to pay storage costs for an officer or employee assigned to a post to which he cannot take or at which he is unable to use his furniture and household personal effects by striking out provisions which restricted such payment only to cases where an emergency exists, empowered Director to pay storage costs when it is in the public interest or more economical to authorize storage, and limited weight or volume of effects stored or weight or volume of effects transported to not more than maximum limitations fixed by regulations, when not otherwise fixed by law. Par. (1)(E). Pub. L. 86-707, Sec. 301(b), authorized payment of cost of packing and unpacking and transporting to and from a place of storage, permitted payment from date of departure from officer's or employee's last post or from date of departure from place of residence in the case of a new officer or employee, empowered Director to pay storage costs in connection with separation of an officer or employee from the Agency, and limited weight or volume of effects stored or weight or volume of effects transported to not more than maximum limitations fixed by regulations, when not otherwise fixed by law. Par. (3)(A). Pub. L. 86-707, Sec. 511(c)(3), substituted "to any of the several States of the United States of America (including the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States) on leave of absence each officer or employee of the Agency who was a resident of the United States (as described above) at time of employment, upon completion of two years' continuous service abroad, or as soon as possible thereafter" for "to the United States or its Territories and possessions on leave provided for in sections 30-30b of Title 5 [former Title 5, Executive Departments and Government Officers and Employees], or as such sections may hereafter be amended, every officer and employee of the agency who was a resident of the United States or its Territories and possessions at time of employment, upon completion of two years' continuous service abroad, or as soon as possible thereafter: Provided, That such officer or employee has accrued to his credit at the time of such order, annual leave sufficient to carry him in a pay status while in the United States for at least a thirty-day period". Par. (3)(B). Pub. L. 86-707, Sec. 511(c)(4), substituted "United States (as described in paragraph (3)(A) of this section) on leave, the service of any officer or employee shall be available for work or duties in the Agency or elsewhere as the Director may prescribe" for "continental United States on leave, the service of any officer or employee shall not be available for work or duties except in the agency or for training or for reorientation for work". Par. (3)(C). Pub. L. 86-707, Sec. 511(c)(5), substituted "returns to the United States (as described in paragraph (3)(A) of this section)" for "returns to the United States or its Territories and possessions", and "from the United States (as so described)" for "from the United States or its Territories and possessions". Par. (4). Pub. L. 86-707, Sec. 323(b), limited transportation of motor vehicles to one for any officer or employee during any four- year period, and empowered Director to approve transportation of one additional motor vehicle for replacement either during the four- year period or after expiration of four years following date of transportation of a motor vehicle of any officer or employee who has remained in continuous service outside the several States, excluding Alaska and Hawaii, but including the District of Columbia, for such period. Pub. L. 86-707, Sec. 511(a)(3), repealed subsec. (b) which authorized Director to grant allowances in accordance with provisions of section 1131(1), (2) of Title 22, Foreign Relations and Intercourse. See pars. (1)(D) and (1)(E) of this section. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-89 effective Oct. 1, 1981, see section 806 of Pub. L. 97-89, set out as an Effective Date note under section 1621 of Title 10, Armed Forces. CLARIFICATION OF TERMS APPLIED TO FURNITURE, HOUSEHOLD GOODS, AND PERSONAL EFFECTS IN 1960 AMENDMENT Section 301(d) of Pub. L. 86-707 provided that: "The term 'furniture and household and personal effects', as used in the amendments made by this part to the Foreign Service Act of 1946, as amended [amending section 1136 of Title 22, Foreign Relations and Intercourse], and the Central Intelligence Agency Act of 1949, as amended [amending this section], and the term 'household goods and