TITLE 50—WAR AND NATIONAL DEFENSE

        

Elimination of Title 50, Appendix

Title 50, Appendix, War and National Defense, has been eliminated. The following acts listed below in order of appearance in the former Appendix, with their associated headings and Code citations, have been transferred to Title 50 (however, provisions that have been repealed or eliminated as obsolete are not being transferred):

Trading with the Enemy Act of 1917 (50 U.S.C. App. 1 et seq.), act Oct. 6, 1917, ch. 106, 40 Stat. 411—see 50 U.S.C. 4301 et seq.

Office of Selective Service Records (50 U.S.C. App. 321 et seq.), act Mar. 31, 1947, ch. 26, 61 Stat. 31; Pub. L. 85–844, title I, Aug. 28, 1958, 72 Stat. 1073—see 50 U.S.C. 3809 note.

Military Selective Service Act (50 U.S.C. App. 451 et seq.), act June 24, 1948, ch. 625, 62 Stat. 604—see 50 U.S.C. 3801 et seq.

Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.), act Oct. 17, 1940, ch. 888, 54 Stat. 1178—see 50 U.S.C. 3901 et seq.

Clarification Act (50 U.S.C. App. 1291 et seq.), act Mar. 24, 1943, ch. 26, 57 Stat. 45—see 50 U.S.C. 4701 et seq.

Sale of Surplus War-Built Vessels (50 U.S.C. App. 1735 et seq.), act Mar. 8, 1946, ch. 82, 60 Stat. 41—see 50 U.S.C. 4401 et seq.

Restitution for World War II Internment of Japanese-Americans and Aleuts (50 U.S.C. App. 1989 et seq.), Pub. L. 100–383, Aug. 10, 1988, 102 Stat. 903—see 50 U.S.C. 4201 et seq.

War Claims (50 U.S.C. App. 2001 et seq.), act July 3, 1948, ch. 826, 62 Stat. 1240—see 50 U.S.C. 4101 et seq.

Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), act Sept. 8, 1950, ch. 932, 64 Stat. 798—see 50 U.S.C. 4501 et seq.

Domestic Minerals Program Extension (50 U.S.C. App. 2181 et seq.), act Aug. 7, 1953, ch. 339, 67 Stat. 417—see 50 U.S.C. 4502 note.

Export Regulation (50 U.S.C. App. 2401 et seq.), Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503—see 50 U.S.C. 4601 et seq.

For disposition of particular provisions that appeared with these acts, see Table II, above. Provisions not repealed or eliminated as obsolete that appeared under the heading "Proclamations, Executive Orders, Joint Resolutions and Treaties Respecting War, Neutrality and Peace" in material preceding section 1 of Title 50, Appendix, can be found under the same heading below.

The following acts, listed below in order of appearance in former Title 50, Appendix, with their associated headings and Code citations, have been omitted from the Code because all of the provisions of such acts have been repealed or omitted from the Code; in addition, any statutory provisions from other acts and executive provisions that were set out or classified with such acts have been omitted (see versions of the Code prior to Supplement III to the 2012 main edition for additional details):

Soldiers' and Sailors' Civil Relief Act of 1918 (50 U.S.C. App. 101 et seq.), act Mar. 8, 1918, ch. 20, 40 Stat. 440.

Selective Draft Act of 1917 (50 U.S.C. App. 201 et seq.), act May 18, 1917, ch. 15, 40 Stat. 76.

Selective Training and Service Act of 1940 (50 U.S.C. App. 301 et seq.), act Sept. 16, 1940, ch. 720, 54 Stat. 885.

Service Extension Act of 1941 (50 U.S.C. App. 351 et seq.), act Aug. 18, 1941, ch. 362, 55 Stat. 626.

Army Reserve and Retired Personnel Service Law of 1940 (50 U.S.C. App. 401 et seq.), act Aug. 27, 1940, ch. 689, 54 Stat. 858.

First War Powers Act, 1941 (50 U.S.C. App. 601 et seq.), act Dec. 18, 1941, ch. 593, 55 Stat. 838.

Second War Powers Act, 1942 (50 U.S.C. App. 631 et seq.), act Mar. 27, 1942, ch. 199, 56 Stat. 176.

Exportation Restrictions on Certain Articles (50 U.S.C. App. 701 et seq.), acts July 2, 1940, ch. 508, 54 Stat. 714; May 28, 1941, ch. 134, 55 Stat. 206.

Requisition of Military Equipment, Materials and Supplies (50 U.S.C. App. 711 et seq.), acts Oct. 10, 1940, ch. 836, 54 Stat. 1090; Oct. 16, 1941, ch. 445, 55 Stat. 742.

Territorial Use of Army and Extension of Service Period (50 U.S.C. App. 731 et seq.), act Dec. 13, 1941, ch. 571, 55 Stat. 799.

Civilian Protection From War Hazards (50 U.S.C. App. 741 et seq.), act Jan. 27, 1942, ch. 20, 56 Stat. 19.

Decorations, etc., for Merchant Marine (50 U.S.C. App. 751 et seq.), Joint Res. Apr. 11, 1942, ch. 241, 56 Stat. 217; acts May 10, 1943, ch. 96, 57 Stat. 81; Aug. 8, 1946, ch. 918, 60 Stat. 960.

Use of Public Lands for War Purposes (50 U.S.C. App. 756 et seq.), act June 5, 1942, ch. 346, 56 Stat. 323.

Miscellaneous Provisions Affecting Military Establishment (50 U.S.C. App. 761 et seq.), acts June 5, 1942, ch. 340, 56 Stat. 314; June 28, 1944, ch. 306, 58 Stat. 624; Feb. 21, 1946, ch. 34, §3, 60 Stat. 27.

Photographing, Mapping or Other Representation of Military or Defense Properties (50 U.S.C. App. 781 et seq.), act June 25, 1942, ch. 447, 56 Stat. 390.

Exemption of Certain Articles From Import Duties and Taxes (50 U.S.C. App. 791 et seq.), Joint Res. June 27, 1942, ch. 455, 56 Stat. 461; Act June 27, 1942, ch. 453, 56 Stat. 461.

Temporary Appointments, Promotions, etc., of Navy, Marine Corps, and Coast Guard Officers (50 U.S.C. App. 806 et seq.), act June 30, 1942, ch. 462, 56 Stat. 463.

Jurisdiction of Prizes and Prize Proceedings (50 U.S.C. App. 821 et seq.), act Aug. 18, 1942, ch. 553, 56 Stat. 746.

Certain Allowance Assistance for Civilian and Military Personnel (50 U.S.C. App. 831 et seq.), acts Oct. 14, 1942, ch. 603, 56 Stat. 786; Nov. 28, 1943, ch. 330, 57 Stat. 593; Oct. 26, 1942, ch. 624, 56 Stat. 987; July 16, 1953, ch. 197, §1, 67 Stat. 172; Dec. 1, 1942, ch. 651, 56 Stat. 1024.

Free Entry of Gifts From Members of Armed Forces (50 U.S.C. App. 846 et seq.), act Dec. 5, 1942, ch. 680, 56 Stat. 1041.

Free Postage for Armed Forces Personnel (50 U.S.C. App. 891 et seq.), act July 12, 1950, ch. 460, 64 Stat. 336.

Emergency Price Control Act of 1942 (50 U.S.C. App. 901 et seq.), act Jan. 30, 1942, ch. 26, 56 Stat. 23.

Stabilization Act of 1942 (50 U.S.C. App. 961 et seq.), act Oct. 2, 1942, ch. 578, 56 Stat. 765.

Extension of Sugar Controls (50 U.S.C. App. 981 et seq.), act Mar. 31, 1947, ch. 30, 61 Stat. 35.

Missing Persons Act (50 U.S.C. App. 1001 et seq.), act Mar. 7, 1942, ch. 166, 56 Stat. 143.

Small Business Mobilization Act (50 U.S.C. App. 1101 et seq.), act June 11, 1942, ch. 404, 56 Stat. 351.

War and Defense Contract Acts (50 U.S.C. App. 1151 et seq.), acts June 28, 1940, ch. 440, 54 Stat. 676; July 2, 1940, ch. 508, 54 Stat. 712; July 11, 1941, ch. 290, §3, 55 Stat. 585; Apr. 28, 1942, ch. 247, title IV, §403, 56 Stat. 245; Dec. 17, 1942, ch. 739, 56 Stat. 1053; Feb. 25, 1944, ch. 63, title VIII, §801, 58 Stat. 92; May 21, 1948, ch. 333, §3, 62 Stat. 259; Mar. 23, 1951, ch. 15, 65 Stat. 7; July 17, 1953, ch. 221, 67 Stat. 177.

National Emergency and War Shipping Acts (50 U.S.C. App. 1251 et seq.), acts June 11, 1940, ch. 327, 54 Stat. 306; May 2, 1941, ch. 84, 55 Stat. 148; June 6, 1941, ch. 174, 55 Stat. 242; July 14, 1941, ch. 297, 55 Stat. 591; Apr. 29, 1943, ch. 81, 57 Stat. 69; July 9, 1943, ch. 212, 57 Stat. 391; Aug. 10, 1946, ch. 949, 60 Stat. 977.

Farm Labor Supply Appropriation Act, 1944 (50 U.S.C. App. 1351 et seq.), act Feb. 14, 1944, ch. 16, 58 Stat. 11.

War Overtime Pay Act of 1943 (50 U.S.C. App. 1401 et seq.), act May 7, 1943, ch. 93, 57 Stat. 75.

Training of Nurses Through Grants to Institutions (50 U.S.C. App. 1451 et seq.), act June 15, 1943, ch. 126, 57 Stat. 153.

Civilian Reemployment of Members of Merchant Marine (50 U.S.C. App. 1471 et seq.), act June 23, 1943, ch. 142, 57 Stat. 162.

War Labor Disputes Act (50 U.S.C. App. 1501 et seq.), act June 25, 1943, ch. 144, 57 Stat. 163.

Voluntary Enlistments in Regular Military Establishment (50 U.S.C. App. 1531 et seq.), act June 1, 1945, ch. 168, 59 Stat. 230.

Women's Army Corps (50 U.S.C. App. 1551 et seq.), act July 1, 1943, ch. 187, 57 Stat. 371.

United Nations Relief and Rehabilitation Administration (50 U.S.C. App. 1571 et seq.), act Mar. 28, 1944, ch. 135, 58 Stat. 122.

Temporary Appointments of Army Nurse Corps Members, etc., as Officers of Army of United States (50 U.S.C. App. 1591 et seq.), act June 22, 1944, ch. 272, 58 Stat. 324.

Disposal of Materials on Public Lands (50 U.S.C. App. 1601 et seq.), act Sept. 27, 1944, ch. 416, 58 Stat. 745.

Surplus Property Act of 1944 (50 U.S.C. App. 1611 et seq.), act Oct. 3, 1944, ch. 479, 58 Stat. 765 (section 13 of the Act, former 50 U.S.C. App. 1622, was transferred and is set out as a note under section 545 of Title 40, Public Buildings, Property, and Works).

War Mobilization and Reconversion Act of 1944 (50 U.S.C. App. 1651 et seq.), act Oct. 3, 1944, ch. 480, 58 Stat. 785.

Fleet Admiral of Navy and General of Army (50 U.S.C. App. 1691 et seq.), act Dec. 14, 1944, ch. 580, 58 Stat. 802.

Disposal of Censored Mail (50 U.S.C. App. 1701), act Dec. 22, 1944, ch. 673, 58 Stat. 913.

Disbursing Officers' Additional Functions (50 U.S.C. App. 1705 et seq.), act Dec. 23, 1944, ch. 716, 58 Stat. 921.

General of Marine Corps (50 U.S.C. App. 1711 et seq.), act Mar. 21, 1945, ch. 29, 59 Stat. 36.

Admiral in Coast Guard (50 U.S.C. App. 1721 et seq.), act Mar. 21, 1945, ch. 30, 59 Stat. 37.

Exception of Navy or Coast Guard Vessels From Certain Navigation Rules (50 U.S.C. App. 1731 et seq.), act Dec. 3, 1945, ch. 511, 59 Stat. 590.

Rehabilitation of Philippines (50 U.S.C. App. 1751 et seq.), act Apr. 30, 1946, ch. 243, 60 Stat. 128.

Return and Interment of Persons Buried Outside United States (50 U.S.C. App. 1811 et seq.), act May 16, 1946, ch. 261, 60 Stat. 182.

Veterans' Emergency Housing Program (50 U.S.C. App. 1821 et seq.), acts May 22, 1946, ch. 268, 60 Stat. 207; June 30, 1948, ch. 775, 62 Stat. 1197.

Naval Vessels as Atomic Targets (50 U.S.C. App. 1841 et seq.), act June 25, 1946, ch. 487, 60 Stat. 308.

Admission of Alien Fiancées Into United States (50 U.S.C. App. 1851 et seq.), act June 29, 1946, ch. 520, 60 Stat. 339.

Military Assistance to Philippine Republic (50 U.S.C. App. 1861 et seq.), act June 26, 1946, ch. 500, 60 Stat. 315.

Naval Aid to China (50 U.S.C. App. 1871 et seq.), act July 16, 1946, ch. 580, 60 Stat. 539.

Naval Aid to Foreign Nations (50 U.S.C. App. 1876 et seq.), acts July 8, 1952, ch. 591, 66 Stat. 443; Aug. 5, 1953, ch. 321, 67 Stat. 363; Aug. 7, 1953, ch. 347, 67 Stat. 471; Pub. L. 85–532, July 18, 1958, 72 Stat. 376; Pub. L. 86–57, June 23, 1959, 73 Stat. 90; Pub. L. 86–482, June 1, 1960, 74 Stat. 153; Pub. L. 87–387, Oct. 4, 1961, 75 Stat. 815; Pub. L. 88–437, Aug. 14, 1964, 78 Stat. 444; Pub. L. 89–324, Nov. 5, 1965, 79 Stat. 1214; Pub. L. 89–398, Apr. 16, 1966, 80 Stat. 121; Pub. L. 90–224, Dec. 26, 1967, 81 Stat. 729; Pub. L. 91–682, Jan. 12, 1971, 84 Stat. 2066; Pub. L. 92–270, Apr. 6, 1972, 86 Stat. 118.

Housing and Rent Acts (50 U.S.C. App. 1881 et seq.), acts June 30, 1947, ch. 163, 61 Stat. 193; Mar. 30, 1948, ch. 161, 62 Stat. 93; Mar. 30, 1949, ch. 42, 63 Stat. 18; June 23, 1950, ch. 354, 64 Stat. 255; also act June 30, 1952, ch. 530, title II, §203 66 Stat. 307 (50 U.S.C. App. 1894a).

Domestic Rubber-Producing Industry (50 U.S.C. App. 1921 et seq.), act Mar. 31, 1948, ch. 166, 62 Stat. 101.

Disposal of Government-Owned Rubber-Producing Facilities (50 U.S.C. App. 1941 et seq.), act Aug. 7, 1953, ch. 338, 67 Stat. 408.

Displaced Persons, Refugees and Orphans (50 U.S.C. App. 1951 et seq.), acts June 25, 1948, ch. 647, 62 Stat. 1009; July 29, 1953, ch. 268, 67 Stat. 229; Aug. 7, 1953, ch. 336, 67 Stat. 400.

American-Japanese Evacuation Claims (50 U.S.C. App. 1981 et seq.), act July 2, 1948, ch. 814, 62 Stat. 1231.

Medical Care for Philippine Veterans (50 U.S.C. App. 1991 et seq.), act July 1, 1948, ch. 785, 62 Stat. 1210.

Micronesian War and Postwar Claims (50 U.S.C. App. 2018 et seq.), Pub. L. 92–39, July 1, 1971, 85 Stat. 92.

Export Controls (50 U.S.C. App. 2021 et seq.), act Feb. 26, 1949, ch. 11, 63 Stat. 7.

Alien Property Damage Claims (50 U.S.C. App. 2041 et seq.), act Mar. 15, 1949, ch. 19, 63 Stat. 12.

Domestic Tungsten, Asbestos, Fluorspar and Columbium-Tantalum Purchase Programs (50 U.S.C. App. 2191 et seq.), act July 19, 1956, ch. 638, 70 Stat. 579.

Dependents Assistance Act of 1950 (50 U.S.C. App. 2201 et seq.), act Sept. 8, 1950, ch. 992, 64 Stat. 794.

Civil Defense (50 U.S.C. App. 2251 et seq.), act Jan. 12, 1951, ch. 1228, 64 Stat. 1245 (former 50 U.S.C. App. 2285, which was not enacted as part of such Act, was transferred to section 765 of Title 6, Domestic Security).

Emergency Food Aid to India (50 U.S.C. App. 2311 et seq.), act June 15, 1951, ch. 138, 65 Stat. 69.

Korean Combat Pay (50 U.S.C. App. 2351 et seq.), act July 10, 1952, ch. 630, title VII, 66 Stat. 538.

Emergency Ship Repair Program (50 U.S.C. App. 2391 et seq.), act Aug. 20, 1954, ch. 777, 68 Stat. 754.

In addition, the following dispositions were made in connection with the elimination of Title 50, Appendix:

Act June 19, 1951, ch. 144, title I, §6, 65 Stat. 88 (50 U.S.C. App. 473) was transferred and is set out as a note under section 113 of Title 10, Armed Forces.

Stabilization of Economy and Commodity Prices (50 U.S.C. App. 1911 et seq.), act Dec. 30, 1947, ch. 526, 61 Stat. 945, was transferred to a series of sections (§713d et seq.) in subchapter I of chapter 15 of Title 15, Commerce and Trade.

World War II License Agreements (50 U.S.C. App. 2371), act Aug. 16, 1950, ch. 716, 64 Stat. 448, was transferred and is set out as a note under section 301 of Title 5, Government Organization and Employees.

PROCLAMATIONS, EXECUTIVE ORDERS, JOINT RESOLUTIONS AND TREATIES RESPECTING WAR, NEUTRALITY AND PEACE

(The following public laws and executive order were repealed, terminated, or omitted as obsolete prior to the elimination of Title 50, Appendix:

(Joint Res. Jan. 29, 1955, ch. 4, 69 Stat. 7, relating to protection of security of Formosa.

(Pub. L. 88–408, Aug. 10, 1964, 78 Stat. 384, relating to maintenance of international peace and security in southeast Asia.

(Ex. Ord No. 8233, Sept. 5, 1939, 4 F.R. 3822, relating to regulations governing enforcement of neutrality of the United States.)

I. PROCLAMATIONS OF STATE OF WAR

Proc. No. 2374, Nov. 4, 1939, 12:04 p.m., 4 F.R. 4493, 54 Stat. 2671, proclaimed a state of war between Germany and France; Poland; and the United Kingdom, India, Australia, Canada, New Zealand and the Union of South Africa.

Proc. No. 2398, Apr. 25, 1940, 5 F.R. 1569, 54 Stat. 2698, proclaimed a state of war between Germany and Norway.

Proc. No. 2404, May 11, 1940, 5 F.R. 1689, 54 Stat. 2703, proclaimed a state of war between Germany and Belgium, Luxemburg, and the Netherlands.

Proc. No. 2407, June 10, 1940, 10:20 p.m., E.S.T., 5 F.R. 2191, 54 Stat. 2706, proclaimed a state of war between Italy and France and United Kingdom.

Proc. No. 2443, Nov. 15, 1940, 5 F.R. 4523, 54 Stat. 2763, proclaimed a state of war between Italy and Greece.

Proc. No. 2473, Apr. 10, 1941, 6 F.R. 1905, 55 Stat. 1627, proclaimed a state of war between Germany-Italy and Yugoslavia.

Proc. No. 2477, Apr. 15, 1941, 6 F.R. 1995, 55 Stat. 1631, proclaimed a state of war between Hungary and Yugoslavia.

Proc. No. 2479, Apr. 24, 1941, 6 F.R. 2133, 55 Stat. 1636, proclaimed a state of war between Bulgaria and Yugoslavia and Greece.

II. PROCLAMATIONS OF UNITED STATES NEUTRALITY

Proc. No. 2348, Sept. 5, 1939, 4 F.R. 3809, 54 Stat. 2629, proclaimed neutrality of United States in war between Germany and France; Poland; United Kingdom, India, Australia, and New Zealand.

Proc. No. 2353, Sept. 8, 1939, 4 F.R. 3851, 54 Stat. 2643, proclaimed neutrality of United States in war between Germany and Union of South Africa.

Proc. No. 2359, Sept. 10, 1939, 4 F.R. 3857, 54 Stat. 2652, proclaimed neutrality of United States in war between Germany and Canada.

Proc. No. 2399, Apr. 25, 1940, 5 F.R. 1569, 54 Stat. 2699, proclaimed neutrality of United States in war between Germany and Norway.

Proc. No. 2405, May 11, 1940, 5 F.R. 1689, 54 Stat. 2704, proclaimed neutrality of United States in war between Germany and Belgium, Luxemburg, and the Netherlands.

Proc. No. 2408, June 10, 1940, 10:20 p.m. E.S.T., 5 F.R. 2191, 54 Stat. 2707, proclaimed neutrality of United States in war between Italy and France and United Kingdom.

Proc. No. 2444, Nov. 15, 1940, 5 F.R. 4523, 54 Stat. 2764, proclaimed neutrality of United States in war between Italy and Greece.

See, also, notes under the Neutrality Act of 1939 (22 U.S.C. 441 et seq.).

III. MISCELLANEOUS PROCLAMATIONS AND EXECUTIVE ORDERS

National Emergency of 1939

Proc. No. 2352, Sept. 8, 1939, 4 F.R. 3851, 54 Stat. 2643, which proclaimed national emergency in connection with enforcement of neutrality, was terminated by Proc. No. 2974, set out below.

National Emergency of 1941

Proc. No. 2487, May 27, 1941, 6 F.R. 2617, 55 Stat. 1647, which proclaimed an unlimited national emergency relating to aggression directed toward the Western Hemisphere, was terminated by Proc. No. 2974, set out below.

Proc. No. 2685. Removal of Alien Enemies

Proc. No. 2685, Apr. 11, 1946, 11 F.R. 4079, 60 Stat. Pt. 2, p. 1342, provided:

1. All alien enemies within the continental limits of the United States brought here from other American republics after December 7, 1941, who are within the territory of the United States without admission under the immigration laws, shall, if their continued residence in the Western Hemisphere is deemed by the Secretary of State to be prejudicial to the future security or welfare of the Americas, be subject upon the order of the Secretary of State to removal from the United States and may be required to depart therefrom in accordance with such regulations as the Secretary of State may prescribe.

2. In all cases in which the Secretary of State shall have ordered the removal of an alien enemy under the authority of this proclamation or in which the Attorney General shall have ordered the removal of an alien enemy under the authority of Proclamation No. 2655 of July 14, 1945, thirty days shall be considered, and is hereby declared to be, a reasonable time for such alien enemy to effect the recovery, disposal, and removal of his goods and effects, and for his departure.

3. This proclamation supersedes Proclamation No. 2662 of September 8, 1945, entitled "Removal of Alien Enemies."

Harry S Truman.      

Proc. No. 2914. National Emergency, 1950

Proc. No. 2914, Dec. 16, 1950, 15 F.R. 9029, 64 Stat. a454 provided:

WHEREAS recent events in Korea and elsewhere constitute a grave threat to the peace of the world and imperil the efforts of this country and those of the United Nations to prevent aggression and armed conflict; and

WHEREAS world conquest by communist imperialism is the goal of the forces of aggression that have been loosed upon the world; and

WHEREAS, if the goal of communist imperialism were to be achieved, the people of this country would no longer enjoy the full and rich life they have with God's help built for themselves and their children; they would no longer enjoy the blessings of the freedom of worshipping as they severally choose, the freedom of reading and listening to what they choose, the right of free speech including the right to criticize their Government, the right to choose those who conduct their Government, the right to engage freely in collective bargaining, the right to engage freely in their own business enterprises, and the many other freedoms and rights which are a part of our way of life; and

WHEREAS the increasing menace of the forces of communist aggression requires that the national defense of the United States be strengthened as speedily as possible:

NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United States of America, do proclaim the existence of a national emergency, which requires that the military, naval, air, and civilian defenses of this country be strengthened as speedily as possible to the end that we may be able to repel any and all threats against our national security and to fulfill our responsibilities in the efforts being made through the United Nations and otherwise to bring about lasting peace.

I summon all citizens to make a united effort for the security and well-being of our beloved country and to place its needs foremost in thought and action that the full moral and material strength of the Nation may be readied for the dangers which threaten us.

I summon our farmers, our workers in industry, and our businessmen to make a mighty production effort to meet the defense requirements of the Nation and to this end to eliminate all waste and inefficiency and to subordinate all lesser interests to the common good.

I summon every person and every community to make, with a spirit of neighborliness, whatever sacrifices are necessary for the welfare of the Nation.

I summon all State and local leaders and officials to cooperate fully with the military and civilian defense agencies of the United States in the national defense program.

I summon all citizens to be loyal to the principles upon which our Nation is founded, to keep faith with our friends and allies, and to be firm in our devotion to the peaceful purposes for which the United Nations was founded.

I am confident that we will meet the dangers that confront us with courage and determination, strong in the faith that we can thereby "secure the Blessings of Liberty to ourselves and our Posterity."

Harry S. Truman.      

Proc. No. 2974. Termination of Wartime Emergencies

Proc. No. 2974, Apr. 28, 1952, 17 F.R. 3813, 66 Stat. c31, provided in part:

NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United States of America, do proclaim that the national emergencies declared to exist by the proclamations of September 8, 1939 [see above], and May 27, 1941 [see above], terminated this day upon the entry into force of the Treaty of Peace with Japan.

Nothing in this proclamation shall be construed to affect Proclamation No. 2914 [set out above], issued by the President on December 16, 1950, declaring that world conquest by communist imperialism is the goal of the forces of aggression that have been loosed upon the world, and proclaiming the existence of a national emergency requiring that the military, naval, air, and civilian defenses of this country be strengthened as speedily as possible to the end that we may be able to repel any and all threats against our national security and to fulfill our responsibilities in the efforts being made through the United Nations and otherwise to bring about lasting peace; and nothing herein shall be construed to affect the continuation of the said emergency of September 8, 1939, as specified in the Emergency Powers Interim Continuation Act, approved April 14, 1952 (Public Law 313—82d Congress), for the purpose of continuing the use of property held under the Act of October 14, 1940, ch. 862, 54 Stat. 1125, as amended [42 U.S.C. 1521 to 1524, 1531 to 1536, 1541 to 1553, 1561 to 1564, 1571 to 1576, 1581 to 1590].

Harry S Truman.      

Ex. Ord. No. 8234. Regulations Governing Passage and Control of Vessels Through Panama Canal in any War in Which the United States is Neutral

Ex. Ord. No. 8234, Sept. 5, 1939, 4 F.R. 3823, as amended by Ex. Ord. No. 8382, Mar. 25, 1940, 5 F.R. 1185, provided:

WHEREAS the treaties of the United States, in any war in which the United States is a neutral, impose on the United States certain obligations to both neutral and belligerent nations;

AND WHEREAS the treaties of the United States, in any war in which the United States is a neutral, require that the United States exert all the vigilance within their power to carry out their obligations as a neutral;

AND WHEREAS treaties of the United States require that the Panama Canal shall be free and open, on terms of entire equality, to the vessels of commerce and of war of all nations observing the rules laid down in Article 3 of the so-called Hay-Pauncefote treaty concluded between the United States and Great Britain, November 18, 1901:

NOW, THEREFORE, by virtue of the authority vested in me by section 5 of the Panama Canal Act, approved August 24, 1912 (ch. 390, sec. 5, 37 Stat. 562), as amended by the act of July 5, 1932 (ch. 425, 47 Stat. 578), I hereby prescribe the following regulations governing the passage and control of vessels through the Panama Canal or any part thereof, including the locks and approaches thereto, in any war in which the United States is a neutral;

1. Whenever considered necessary, in the opinion of the Governor of the Panama Canal, to prevent damage or injury to vessels or to prevent damage or injury to the Canal or its appurtenances, or to secure the observance of the rules, regulations, rights, or obligations of the United States, the Canal authorities may at any time, as a condition precedent to transit of the Canal, inspect any vessel, belligerent or neutral, other than a public vessel, including its crew and cargo, and, for and during the passage through the Canal, place armed guards thereon, and take full possession and control of such vessel and remove therefrom the officers and crew thereof and all other persons not specially authorized by the Canal authorities to go or remain on board thereof during such passage.

2. A public vessel of a belligerent or neutral nation shall be permitted to pass through the Canal only after her commanding officer has given written assurance to the authorities of the Panama Canal that the rules, regulations, and treaties of the United States will be faithfully observed.

3. Possession of cameras on board vessels; photographing from vessels. While on board any vessel in transit through the Panama Canal, no person shall (a) have or remain in possession of any camera, or (b) make any photograph, sketch, picture, drawing, map, or graphical representation of any of the locks of the Panama Canal, or of any portion of any such lock, or of any area within or adjacent to any such lock, or of any object or structure within or upon any such area, without first obtaining the permission of the Governor of The Panama Canal, and promptly submitting the product obtained to the Governor for such action as he may deem necessary. The master of every vessel that transmits the Panama Canal (a) shall prior to the beginning of each transit cause all cameras on board such vessel, or which are brought on board by embarking passengers, or otherwise, to be collected and delivered to him, and shall retain the said cameras in his possession, in a secure and inaccessible place, until the disembarkation of the original possessors thereof or until the transit through the Canal is completed, and (b) shall during such transit take such further action, in cooperation with the Canal authorities, as may be necessary to prevent the making, by any person on board such vessel in the waters of the Canal Zone, of any photograph, sketch, picture, drawing, map, or graphical representation which is forbidden by this paragraph; but these provisions shall not apply with respect to any person who has obtained permission as provided in this paragraph. Any person who shall violate any provision of this paragraph shall be punishable as provided in section 9 of title 2 of the [former] Canal Zone Code.

The foregoing regulations are in addition to the "Rules and Regulations for the Operation and Navigation of the Panama Canal and Approaches Thereto, including all Waters under its Jurisdiction" prescribed by Executive Order No. 4314 of September 25, 1925, as amended, and the provisions of proclamations and executive orders pertaining to the Canal Zone issued in conformity with the laws and treaties of the United States.

Franklin D. Roosevelt.      

Proc. No. 2350, eff. Sept. 5, 1939, 4 F.R. 3821, 54 Stat. 2368, referred to regulations concerning neutrality in the Canal Zone.

Ex. Ord. No. 9723. Termination of President's War Relief Control Board

Ex. Ord. No. 9723, May 14, 1946, 11 F.R. 5345, provided:

Executive Order No. 9205 of July 25, 1942, is revoked, and the President's War Relief Control Board established by that order is hereby terminated. The Secretary of State is authorized and directed to liquidate all of the activities and obligations and wind up all of the affairs of the Board as rapidly as practicable, and to utilize therefore such of the personnel property, records, and unexpended appropriations of the Board as may be necessary.

Harry S Truman.      

IV. DECLARATIONS OF WAR BY UNITED STATES

War Between United States and Germany

Declared by Joint Res. Apr. 6, 1917, ch. 1, 40 Stat. 1.

War Between United States and Austria-Hungary

Declared by Joint Res. Dec. 7, 1917, ch. 1, 40 Stat. 429.

War Between United States and Japan

Declared by Joint Res. Dec. 8, 1941, ch. 561, 55 Stat. 795.

War Between United States and Germany

Declared by Joint Res. Dec. 11, 1941, ch. 564, 55 Stat. 796.

War Between United States and Italy

Declared by Joint Res. Dec. 11, 1941, ch. 565, 55 Stat. 797.

War Between the United States and Bulgaria

Declared by Joint Res. June 5, 1942, ch. 323, 56 Stat. 307.

War Between United States and Hungary

Declared by Joint Res. June 5, 1942, ch. 324, 56 Stat. 307.

War Between United States and Rumania

Declared by Joint Res. June 5, 1942, ch. 325, 56 Stat. 307.

Proc. No. 2563. Proclamation of State of War Between United States and Hungary, Bulgaria, and Rumania

Proc. No. 2563, July 17, 1942, 7 F.R. 5535, 56 Stat. 1970, proclaimed that a state of war existed between the United States and Hungary, Rumania, and Bulgaria.

V. TERMINATION OF STATE OF WAR

Cessation of Hostilities

The cessation of hostilities of World War II was officially proclaimed by the President of the United States, Proc. No. 2714, Dec. 31, 1946, 12 F.R. 1, 61 Stat. 1048, in the following language:

NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United States of America, do hereby proclaim the cessation of hostilities of World War II, effective twelve o'clock noon, December 31, 1946.

Treaties of Peace With Italy, Bulgaria, Hungary, Rumania, and Finland

On the 10th day of February 1947, separate Treaties of Peace were concluded by designated Allied and Associated Powers, including the United States of America, with Italy, Bulgaria, Hungary and Rumania.

Each of these Treaties contained a recital in the Preamble that the Allied and Associated Powers named therein

Have therefore agreed to declare the cessation of the state of war and for this purpose to conclude the present Treaty of Peace, and have accordingly appointed the undersigned Plenipotentiaries who, after presentation of their full powers, found in good and due form, have agreed on the following provisions: * * *.

The full text of the Treaties of Peace with Italy, Bulgaria, Hungary, Rumania and Finland are set out in 61 Stat. 1245, 1915, 2065, 1757.

On the same date a Treaty of Peace was concluded with Finland. The United States is not a signatory thereto.

Treaty of Peace with Japan

The Treaty of Peace with Japan signed at the city of San Francisco on the 8th day of September 1951, Chapter I, Article 1, provides:

(a) The state of war between Japan and each of the Allied Powers is terminated as from the date on which the present Treaty comes into force between Japan and the Allied Power concerned as provided for in Article 23.

Article 23 of Chapter VII, above referred to, provides:

(a) The present Treaty shall be ratified by the States which sign it, including Japan, and will come into force for all the States which have then ratified it, when instruments of ratification have been deposited by Japan and by a majority, including the United States of America as the principal occupying Power, of the following States [here would appear the names of such of the following States as are signatories to the present Treaty], namely Australia, Burma, Canada, Ceylon, France, India, Indonesia, the Netherlands, New Zealand, Pakistan, the Philippines, the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics, and the United States of America. The present Treaty shall come into force for each State which subsequently ratifies it, on the date of the deposit of its instrument of ratification.

(b) If the Treaty has not come into force within nine months after the date of the deposit of Japan's ratification, any State which has ratified it may bring the Treaty into force between itself and Japan by a notification to that effect given to the Government of Japan and of the United States of America not later than three years after the date of deposit of Japan's ratification.

Ratification of Japanese Peace Treaty

The Treaty of Peace with Japan, signed at San Francisco on September 8, 1951, was ratified by the United States Senate on March 20, 1952. For Resolution of ratification, see Cong. Rec., vol. 98, pt. 2, p. 2594, Mar. 20, 1952. According to Proc. No. 2974, eff. Apr. 29, 1952, 17 F.R. 3813, 66 Stat. c31, terminating the national emergencies proclaimed on September 8, 1939, and May 27, 1941, and set out above, such treaty came into force on Apr. 28, 1952.

Germany

Joint Resolution of Congress

Joint Res. Oct. 19, 1951, ch. 519, 65 Stat. 451, provided: "That the state of war declared to exist between the United States and the Government of Germany by the joint resolution of Congress approved December 11, 1941, is hereby terminated and such termination shall take effect on the date of enactment of this resolution [Oct. 19, 1951]: Provided, however, That notwithstanding this resolution and any proclamation issued by the President pursuant thereto, any property or interest which prior to January 1, 1947, was subject to vesting or seizure under the provisions of the Trading With the Enemy Act of October 6, 1917 (40 Stat. 411), as amended [50 U.S.C. 4301 et seq.] or which has heretofore been vested or seized under that Act, including accruals to or proceeds of any such property or interest, shall continue to be subject to the provisions of that Act in the same manner and to the same extent as if this resolution had not been adopted and such proclamation had not been issued. Nothing herein and nothing in such proclamation shall alter the status, as it existed immediately prior hereto, under that Act, of Germany or of any person with respect to any such property or interest."

Proclamation No. 2950

Proc. No. 2950, Oct. 25, 1951, 16 F.R. 10915, 66 Stat. c3, proclaimed that the state of war between the United States and the Government of Germany declared on Dec. 11, 1941 was terminated on Oct. 19, 1951.

VI. AUTHORIZATION TO EMPLOY ARMED FORCES

Termination of Hostilities in Indochina

Pub. L. 92–129, title IV, §401, Sept. 28, 1971, 85 Stat. 360, provided that: "It is hereby declared to be the sense of Congress that the United States terminate at the earliest practicable date all military operations of the United States in Indochina, and provide for the prompt and orderly withdrawal of all United States military forces at a date certain subject to the release of all American prisoners of war held by the Government of North Vietnam and forces allied with such Government, and an accounting for all Americans missing in action who have been held by or known to such Government or such forces. The Congress hereby urges and requests the President to implement the above expressed policy by initiating immediately the following actions:

"(1) Negotiate with the Government of North Vietnam for an immediate cease-fire by all parties to the hostilities in Indochina.

"(2) Negotiate with the Government of North Vietnam for the establishing of a final date for the withdrawal from Indochina of all military forces of the United States contingent upon the release at a date certain of all American prisoners of war held by the Government of North Vietnam and forces allied with such Government.

"(3) Negotiate with the Government of North Vietnam for an agreement which would provide for a series of phased and rapid withdrawals of United States military forces from Indochina subject to a corresponding series of phased releases of American prisoners of war, and for the release of any remaining American prisoners of war concurrently with the withdrawal of all remaining military forces of the United States by not later than the date established pursuant to paragraph (2) hereof."

Proc. No. 3504. Interdiction of the Delivery of Offensive Weapons to Cuba

Proc. No. 3504, Oct. 23, 1962, 27 F.R. 10401, 77 Stat. 958, provided:

WHEREAS the peace of the world and the security of the United States and of all American States are endangered by reason of the establishment by the Sino-Soviet powers of an offensive military capability in Cuba, including bases for ballistic missiles with a potential range covering most of North and South America;

WHEREAS by a Joint Resolution passed by the Congress of the United States and approved on October 3, 1962, it was declared that the United States is determined to prevent by whatever means may be necessary, including the use of arms, the Marxist-Leninist regime in Cuba from extending, by force or the threat of force, its aggressive or subversive activities to any part of this hemisphere, and to prevent in Cuba the creation or use of an externally supported military capability endangering the security of the United States; and

WHEREAS the Organ of Consultation of the American Republics meeting in Washington on October 23, 1962, recommended that the Member States, in accordance with Articles 6 and 8 of the Inter-American Treaty of Reciprocal Assistance, take all measures, individually and collectively, including the use of armed force, which they may deem necessary to ensure that the Government of Cuba cannot continue to receive from the Sino-Soviet powers military material and related supplies which may threaten the peace and security of the Continent and to prevent the missiles in Cuba with offensive capability from ever becoming an active threat to the peace and security of the Continent:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, acting under and by virtue of the authority conferred upon me by the Constitution and statutes of the United States, in accordance with the aforementioned resolutions of the United States Congress and of the Organ of Consultation of the American Republics, and to defend the security of the United States, do hereby proclaim that the forces under my command are ordered, beginning at 2:00 P.M. Greenwich time October 24, 1962, to interdict, subject to the instructions herein contained, the delivery of offensive weapons and associated material to Cuba.

For the purposes of this Proclamation, the following are declared to be prohibited materiel:

Surface-to-surface missiles; bomber aircraft; bombs, air-to-surface rockets and guided missiles; warheads for any of the above weapons; mechanical or electronic equipment to support or operate the above items; and any other classes of materiel hereafter designated by the Secretary of Defense for the purpose of effectuating this Proclamation.

To enforce this order, the Secretary of Defense shall take appropriate measures to prevent the delivery of prohibited materiel to Cuba, employing the land, sea and air forces of the United States in cooperation with any forces that may be made available by other American States.

The Secretary of Defense may make such regulations and issue such directives as he deems necessary to ensure the effectiveness of this order, including the designation, within a reasonable distance of Cuba, of prohibited or restricted zones and of prescribed routes.

Any vessel or craft which may be proceeding toward Cuba may be intercepted and may be directed to identify itself, its cargo, equipment and stores and its ports of call, to stop, to lie to, to submit to visit and search, or to proceed as directed. Any vessel or craft which fails or refuses to respond to or comply with directions shall be subject to being taken into custody. Any vessel or craft which it is believed is en route to Cuba and may be carrying prohibited materiel or may itself constitute such materiel shall, wherever possible, be directed to proceed to another destination of its own choice and shall be taken into custody if it fails or refuses to obey such directions. All vessels or craft taken into custody shall be sent into a port of the United States for appropriate disposition.

In carrying out this order, force shall not be used except in case of failure or refusal to comply with directions, or with regulations or directives of the Secretary of Defense issued hereunder, after reasonable efforts have been made to communicate them to the vessel or craft, or in case of self-defense. In any case, force shall be used only to the extent necessary.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States of America to be affixed.

 Done in the City of Washington this twenty-third day of October in the year of our Lord nineteen hundred and sixty-two, and of the Independence of the United States of America the one hundred and eighty-seventh.

[seal]

John Fitzgerald Kennedy.      

Proc. No. 3507. Terminating Authority Granted and Orders Issued in Proc. No. 3504

Proc. No. 3507, Nov. 21, 1962, 27 F.R. 11525, 77 Stat. 961, provided:

I, JOHN F. KENNEDY, President of the United States of America, acting under and by virtue of the authority vested in me by the Constitution and statutes of the United States, do hereby proclaim that at 11 p.m., Greenwich Time, November 20, 1962, I terminated the authority conferred upon the Secretary of Defense by Proclamation No. 3504, dated October 23, 1962 [set out above], and revoked the orders contained therein to forces under my command.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

 DONE at the City of Washington this 21st day of November, in the year of our Lord nineteen hundred and sixty-two and of the Independence of the United States of America the one hundred and eighty-seventh.

[seal]

John F. Kennedy.      

Middle East Stabilization

Pub. L. 85–7, §§1–6, Mar. 9, 1957, 71 Stat. 5, set out as chapter 24A (§1961 et seq.) of Title 22, Foreign Relations and Intercourse, authorizes the President to provide economic and military assistance, and, if he determines it necessary, to use armed forces under certain circumstances to maintenance of national independence in the Middle East.

CHAPTER 1—COUNCIL OF NATIONAL DEFENSE

        

§1. Creation, purpose, and composition of council

A Council of National Defense is established, for the coordination of industries and resources for the national security and welfare, to consist of the Secretary of the Army, the Secretary of the Navy, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of Labor.

(Aug. 29, 1916, ch. 418, §2, 39 Stat. 649; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

Editorial Notes

Codification

Sections 1 to 5 of this title are from section 2 of act Aug. 29, 1916, popularly known as the Army Appropriation Act for the fiscal year 1916.

Statutory Notes and Related Subsidiaries

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.

Executive Documents

Transfer of Functions

For transfer of certain membership functions, insofar as they pertain to Air Force, which functions were not previously transferred from Secretary of the Army and Department of the Army to Secretary of the Air Force and Department of the Air Force, see Secretary of Defense Transfer Order No. 40 [App. C(11)], July 22, 1949.

§2. Advisory commission

The Council of National Defense shall nominate to the President, and the President shall appoint, an advisory commission, consisting of not more than seven persons, each of whom shall have special knowledge of some industry, public utility, or the development of some natural resource, or be otherwise specially qualified, in the opinion of the council, for the performance of the duties hereinafter provided. The members of the advisory commission shall serve without compensation, but shall be allowed actual expenses of travel and subsistence when attending meetings of the commission or engaged in investigations pertaining to its activities. The advisory commission shall hold such meetings as shall be called by the council or be provided by the rules and regulations adopted by the council for the conduct of its work.

(Aug. 29, 1916, ch. 418, §2, 39 Stat. 649.)

Statutory Notes and Related Subsidiaries

Termination of Advisory Commissions

Advisory commissions in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. Advisory commissions established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.

§3. Duties of council

It shall be the duty of the Council of National Defense to supervise and direct investigations and make recommendations to the President and the heads of executive departments as to the location of railroads with reference to the frontier of the United States so as to render possible expeditious concentration of troops and supplies to points of defense; the coordination of military, industrial, and commercial purposes in the location of branch lines of railroad; the utilization of waterways; the mobilization of military and naval resources for defense; the increase of domestic production of articles and materials essential to the support of armies and of the people during the interruption of foreign commerce; the development of seagoing transportation; data as to amounts, location, method and means of production, and availability of military supplies; the giving of information to producers and manufacturers as to the class of supplies needed by the military and other services of the Government, the requirements relating thereto, and the creation of relations which will render possible in time of need the immediate concentration and utilization of the resources of the Nation.

(Aug. 29, 1916, ch. 418, §2, 39 Stat. 649; Nov. 9, 1921, ch. 119, §3, 42 Stat. 212.)

Editorial Notes

Codification

The words "extensive highways and" which preceded "branch lines of railroad" omitted on authority of act Nov. 9, 1921, which transferred powers and duties of Council relating to highways to Secretary of Commerce.

§4. Rules and regulations; subordinate bodies and committees

The Council of National Defense shall adopt rules and regulations for the conduct of its work, which rules and regulations shall be subject to the approval of the President, and shall provide for the work of the advisory commission to the end that the special knowledge of such commission may be developed by suitable investigation, research, and inquiry and made available in conference and report for the use of the council; and the council may organize subordinate bodies for its assistance in special investigations, either by the employment of experts or by the creation of committees of specially qualified persons to serve without compensation, but to direct the investigations of experts so employed.

(Aug. 29, 1916, ch. 418, §2, 39 Stat. 650.)

Statutory Notes and Related Subsidiaries

Termination of Advisory Commissions

Advisory commissions in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. Advisory commissions established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.

§5. Reports of subordinate bodies and committees; unvouchered expenditures

Reports shall be submitted by all subordinate bodies and by the advisory commission to the council, and from time to time the council shall report to the President or to the heads of executive departments upon special inquiries or subjects appropriate thereto. When deemed proper the President may authorize, in amounts stipulated by him, unvouchered expenditures.

(Aug. 29, 1916, ch. 418, §2, 39 Stat. 650; Aug. 7, 1946, ch. 770, §1(53), 60 Stat. 870.)

Editorial Notes

Codification

Second sentence was from a proviso to the first sentence, which was affected by act Aug. 7, 1946.

Amendments

1946—Act Aug. 7, 1946, repealed all provisions requiring annual reports to Congress of the Council's activities and expenditures.

Statutory Notes and Related Subsidiaries

Termination of Advisory Commissions

Advisory commissions in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. Advisory commissions established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.

§6. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 644

Section, act June 5, 1920, ch. 235, 41 Stat. 886, placed a limit on salaries of officers and employees of Council of National Defense.

CHAPTER 2—BOARD OF ORDNANCE AND FORTIFICATION

§§11 to 15. Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1029

Section 11, act Sept. 22, 1888, ch. 1028, §1, 25 Stat. 489, related to composition and duties of Board of Ordnance and Fortification.

Section 12, act Feb. 24, 1891, ch. 283, 26 Stat. 769, provided for a civilian member of Board.

Section 13, act Mar. 2, 1901, ch. 803, 31 Stat. 910, provided for additional members of Board.

Section 14, act Feb. 18, 1893, ch. 136, 27 Stat. 461, related to qualifications of Board Members.

Section 15, act Sept. 22, 1888, ch. 1028, §6, 25 Stat. 490, related to purchases and tests.

CHAPTER 3—ALIEN ENEMIES

        

§21. Restraint, regulation, and removal

Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies. The President is authorized in any such event, by his proclamation thereof, or other public act, to direct the conduct to be observed on the part of the United States, toward the aliens who become so liable; the manner and degree of the restraint to which they shall be subject and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those who, not being permitted to reside within the United States, refuse or neglect to depart therefrom; and to establish any other regulations which are found necessary in the premises and for the public safety.

(R.S. §4067; Apr. 16, 1918, ch. 55, 40 Stat. 531.)

Editorial Notes

Codification

R.S. §4067 derived from act July 6, 1798, ch. 66, §1, 1 Stat. 577.

Amendments

1918—Act Apr. 16, 1918, struck out provision restricting this section to males.

Executive Documents

World War II Proclamations

The following proclamations under this section were issued during World War II:

Proc. No. 2525, Dec. 7, 1941, 6 F.R. 6321, 55 Stat. Pt. 2, 1700.

Proc. No. 2526, Dec. 8, 1941, 6 F.R. 6323, 55 Stat. Pt. 2, 1705.

Proc. No. 2527, Dec. 8, 1941, 6 F.R. 6324, 55 Stat. Pt. 2, 1707.

Proc. No. 2533, Dec. 29, 1941, 7 F.R. 55, 55 Stat. Pt. 2, 1714.

Proc. No. 2537, Jan. 14, 1942, 7 F.R. 329, 56 Stat. Pt. 2, 1933, revoked by Proc. No. 2678, Dec. 29, 1945, 11 F.R. 221, 60 Stat. Pt. 2, 1336.

Proc. No. 2563, July 17, 1942, 7 F.R. 5535, 56 Stat. Pt. 2, 1970.

Proc. No. 2655, July 14, 1945, 10 F.R. 8947, 59 Stat. Pt. 2, 870.

Proc. No. 2674, Dec. 7, 1945, 10 F.R. 14945, 59 Stat. Pt. 2, 889.

Proc. No. 2685, Apr. 11, 1946, 11 F.R. 4079, 60 Stat. Pt. 2, 1342, set out as a note preceding section 1 of this title.

World War I Proclamations

Proclamations issued under this chapter during the years 1917 and 1918 will be found in 40 Stat. 1651, 1716, 1730, and 1772.

§22. Time allowed to settle affairs and depart

When an alien who becomes liable as an enemy, in the manner prescribed in section 21 of this title, is not chargeable with actual hostility, or other crime against the public safety, he shall be allowed, for the recovery, disposal, and removal of his goods and effects, and for his departure, the full time which is or shall be stipulated by any treaty then in force between the United States and the hostile nation or government of which he is a native citizen, denizen, or subject; and where no such treaty exists, or is in force, the President may ascertain and declare such reasonable time as may be consistent with the public safety, and according to the dictates of humanity and national hospitality.

(R.S. §4068.)

Editorial Notes

Codification

R.S. §4068 derived from acts July 6, 1798, ch. 66, §1, 1 Stat. 577; July 6, 1812, ch. 130, 2 Stat. 781.

§23. Jurisdiction of United States courts and judges

After any such proclamation has been made, the several courts of the United States, having criminal jurisdiction, and the several justices and judges of the courts of the United States, are authorized and it shall be their duty, upon complaint against any alien enemy resident and at large within such jurisdiction or district, to the danger of the public peace or safety, and contrary to the tenor or intent of such proclamation, or other regulations which the President may have established, to cause such alien to be duly apprehended and conveyed before such court, judge, or justice; and after a full examination and hearing on such complaint, and sufficient cause appearing, to order such alien to be removed out of the territory of the United States, or to give sureties for his good behavior, or to be otherwise restrained, conformably to the proclamation or regulations established as aforesaid, and to imprison, or otherwise secure such alien, until the order which may be so made shall be performed.

(R.S. §4069.)

Editorial Notes

Codification

R.S. §4069 derived from act July 6, 1798, ch. 66, §2, 1 Stat. 577.

§24. Duties of marshals

When an alien enemy is required by the President, or by order of any court, judge, or justice, to depart and to be removed, it shall be the duty of the marshal of the district in which he shall be apprehended to provide therefor and to execute such order in person, or by his deputy or other discreet person to be employed by him, by causing a removal of such alien out of the territory of the United States; and for such removal the marshal shall have the warrant of the President, or of the court, judge, or justice ordering the same, as the case may be.

(R.S. §4070.)

Editorial Notes

Codification

R.S. §4070 derived from act July 6, 1798, ch. 66, §3, 1 Stat. 578.

CHAPTER 4—ESPIONAGE

§§31 to 39. Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862

Section 31, acts June 15, 1917, ch. 30, title I, §1, 40 Stat. 217; Mar. 28, 1940, ch. 72, title I, §1, 54 Stat. 79, related to unlawful obtaining or permitting to be obtained information affecting national defense. See section 793 of Title 18, Crimes and Criminal Procedure.

Section 32, act June 15, 1917, ch. 30, title I, §2, 40 Stat. 218, related to unlawful disclosures affecting national defense. See section 794 of Title 18.

Section 33, act June 15, 1917, ch. 30, title I, §3, 40 Stat. 219, related to seditious or disloyal acts or words in time of war. See section 2388 of Title 18. Section 33 was amended by act May 16, 1918, ch. 75, §1, 40 Stat. 553, which was repealed and the original section reenacted by act Mar. 3, 1921, ch. 136, 41 Stat. 1359.

Section 34, act June 15, 1917, ch. 30, title I, §4, 40 Stat. 219, related to conspiracy to violate sections 32 and 33 of this title. See sections 794 and 2388 of Title 18.

Section 35, acts June 15, 1917, ch. 30, title I, §5, 40 Stat. 219; Mar. 28, 1940, ch. 72, §2, 54 Stat. 79, related to the harboring or concealing of violators of the law. See sections 792 and 2388 of Title 18.

Section 36, act June 15, 1917, ch. 30, title I, §6, 40 Stat. 219, related to designation by proclamation of prohibited areas. See section 793 of Title 18.

Section 37, act June 15, 1917, ch. 30, title I, §8, 40 Stat. 219, related to places subject to provisions of sections 31 to 42 of this title. See section 2388 of Title 18.

Section 38, act June 15, 1917, ch. 30, title I, §7, 40 Stat. 219, related to jurisdiction of courts-martial and military commissions.

Section 39, act June 15, 1917, ch. 30, title XIII, §2, 40 Stat. 231; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352, related to jurisdiction of Canal Zone courts over offenses on high seas. See section 3241 of Title 18.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal of sections 31 to 39 effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.

§40. Transferred

Editorial Notes

Codification

Section, act June 15, 1917, ch. 30, title XIII, §1, 40 Stat. 231, defined "United States" as used in act June 15, 1917, and was transferred to section 195 of this title.

§41. Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862

Section, act June 15, 1917, ch. 30, title VIII, §4, 40 Stat. 226, defined "Foreign government". See section 11 of Title 18, Crimes and Criminal Procedure.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.

§42. Transferred

Editorial Notes

Codification

Section, act June 15, 1917, ch. 30, title XIII, §4, 40 Stat. 231, related to savings provisions and is set out as a Separability note under section 195 of this title.

Section was formerly classified to section 536 of Title 18 prior to the general revision and enactment of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, 62 Stat. 683.

CHAPTER 4A—PHOTOGRAPHING, SKETCHING, MAPPING, ETC., DEFENSIVE INSTALLATIONS

§§45 to 45d. Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862

Section 45, act Jan. 12, 1938, ch. 2, §1, 52 Stat. 3, related to photographing of defensive installations. See sections 795 to 797 of Title 18, Crimes and Criminal Procedure.

Section 45a, act Jan. 12, 1938, ch. 2, §2, 52 Stat. 3, related to photographing, etc., from aircraft. See section 796 of Title 18.

Section 45b, act Jan. 12, 1938, ch. 2, §3, 52 Stat. 3, related to reproducing, publishing, selling uncensored copies. See section 797 of Title 18.

Section 45c, act Jan. 12, 1938, ch. 2, §4, 52 Stat. 4, related to definitions of "aircraft", "post", "camp", and "station". See sections 795 and 796 of Title 18.

Section 45d, act Jan. 12, 1938, ch. 2, §5, 52 Stat. 4, related to geographical application of law.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal of sections 45 to 45d effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.

CHAPTER 4B—DISCLOSURE OF CLASSIFIED INFORMATION

§§46 to 46b. Repealed. Oct. 31, 1951, ch. 655, §56(c), 65 Stat. 729

Section 46, act May 13, 1950, ch. 185, §2, 64 Stat. 159, related to unlawful disclosure of classified information. See section 798 of Title 18, Crimes and Criminal Procedure.

Section 46a, act May 13, 1950, ch. 185, §1, 64 Stat. 159, defined terms for use in this chapter.

Section 46b, act May 13, 1950, ch. 185, §3, 64 Stat. 160, related to penalties for improper disclosure.

Statutory Notes and Related Subsidiaries

Savings Provision

Section 56(l) of act Oct. 31, 1951, provided that the repeal of sections 46 to 46b shall not affect any rights or liabilities existing hereunder on Oct. 31, 1951.

CHAPTER 4C—ATOMIC WEAPONS AND SPECIAL NUCLEAR MATERIALS INFORMATION REWARDS

        

§47a. Information concerning illegal introduction, manufacture, acquisition or export of special nuclear material or atomic weapons or conspiracies relating thereto; reward

Any person who furnishes original information to the United States—

(a) leading to the finding or other acquisition by the United States of special nuclear material or an atomic weapon which has been introduced into the United States or manufactured or acquired therein contrary to the laws of the United States, or

(b) with respect to the introduction or attempted introduction into the United States or the manufacture or acquisition or attempted manufacture or acquisition of, or a conspiracy to introduce into the United States or to manufacture or acquire, special nuclear material or an atomic weapon contrary to the laws of the United States, or

(c) with respect to the export or attempted export, or a conspiracy to export, special nuclear material or an atomic weapon from the United States contrary to the laws of the United States,

shall be rewarded by the payment of an amount not to exceed $500,000.

(July 15, 1955, ch. 372, §2, 69 Stat. 365; Pub. L. 93–377, §1(b), Aug. 17, 1974, 88 Stat. 472.)

Editorial Notes

Amendments

1974—Pub. L. 93–377 in par. (a) made minor changes in phraseology, in par. (b) included information relating to the actual introduction, manufacture and acquisition, or conspiring to introduce into the United States or to manufacture or acquire special nuclear material or an atomic weapon as within the information for which a reward would be given, and added par. (c).

Statutory Notes and Related Subsidiaries

Short Title

Act July 15, 1955, ch. 372, §1, 69 Stat. 365, as amended by Pub. L. 93–377, §1(a), Aug. 17, 1974, 88 Stat. 472, provided: "That this Act [enacting this chapter] may be cited as the 'Atomic Weapons and Special Nuclear Materials Rewards Act'."

§47b. Determination by Attorney General of entitlement and amount of reward; consultation; Presidential approval

The Attorney General shall determine whether a person furnishing information to the United States is entitled to a reward and the amount to be paid pursuant to section 47a of this title. Before making a reward under this section the Attorney General shall advise and consult with the Atomic Energy Commission. A reward of $50,000 or more may not be made without the approval of the President.

(July 15, 1955, ch. 372, §3, 69 Stat. 365; Pub. L. 93–377, §1(b), Aug. 17, 1974, 88 Stat. 473.)

Editorial Notes

Amendments

1974—Pub. L. 93–377 substituted provisions authorizing the Attorney General, with the advice of the Atomic Energy Commission, to determine entitlement and the amount of reward for a person furnishing information to the United States, for provisions authorizing an Awards Board to determine entitlement and amount of such reward, setting forth the composition of the Board and criteria for reward.

Statutory Notes and Related Subsidiaries

Transfer of Functions

Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See also Transfer of Functions notes set out under those sections.

§47c. Aliens; waiver of admission requirements

If the information leading to an award under section 47b of this title is furnished by an alien, the Secretary of State, the Attorney General, and the Director of Central Intelligence, acting jointly, may determine that the admission of such alien into the United States is in the public interest and, in that event, such alien and the members of his immediate family may receive immigrant visas and may be admitted to the United States for permanent residence, notwithstanding the requirements of the Immigration and Nationality Act [8 U.S.C. 1101 et seq.].

(July 15, 1955, ch. 372, §4, 69 Stat. 366; Pub. L. 104–208, div. C, title III, §308(f)(7), Sept. 30, 1996, 110 Stat. 3009–622.)

Editorial Notes

References in Text

The Immigration and Nationality Act, referred to in text, is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.

Amendments

1996—Pub. L. 104–208 substituted "admission" for "entry".

Statutory Notes and Related Subsidiaries

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 3001 of this title.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of Title 8, Aliens and Nationality.

§47d. Hearings; rules and regulations; conclusiveness of determinations of Attorney General

(a) The Attorney General is authorized to hold such hearings and make, promulgate, issue, rescind, and amend such rules and regulations as may be necessary to carry out the purposes of this chapter.

(b) A determination made by the Attorney General under section 47b of this title shall be final and conclusive and no court shall have power or jurisdiction to review it.

(July 15, 1955, ch. 372, §5, 69 Stat. 366; Pub. L. 93–377, §1(b), Aug. 17, 1974, 88 Stat. 473.)

Editorial Notes

Amendments

1974—Pub. L. 93–377 designated existing provisions as subsec. (a), substituted "Attorney General" for "Board as administering agent", and added subsec. (b).

§47e. Certification of award; approval; payment

Any awards granted under section 47b of this title shall be certified by the Attorney General and, together with the approval of the President in those cases where such approval is required, transmitted to the Director of Central Intelligence for payment out of funds appropriated or available for the administration of the National Security Act of 1947, as amended.

(July 15, 1955, ch. 372, §6, 69 Stat. 366; Pub. L. 93–377, §1(c), Aug. 17, 1974, 88 Stat. 473.)

Editorial Notes

References in Text

The National Security Act of 1947, as amended, referred to in text, is act July 26, 1947, ch. 343, 61 Stat. 495, which is classified principally to chapter 44 (§3001 et seq.) of this title. For complete classification of this Act to the Code, see Tables.

Amendments

1974—Pub. L. 93–377 substituted "Attorney General" for "Awards Board".

Statutory Notes and Related Subsidiaries

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 3001 of this title.

§47f. Definitions

As used in this chapter—

(a) The term "atomic energy" means all forms of energy released in the course of nuclear fission or nuclear transformation.

(b) The term "atomic weapon" means any device utilizing atomic energy, exclusive of the means for transporting or propelling the device (where such means is a separable and divisible part of the device), the principal purpose of which is for use as, or for development of, a weapon, a weapon prototype, or a weapon test device.

(c) The term "special nuclear material" means plutonium, or uranium enriched in the isotope 233 or in the isotope 235, or any other material which is found to be special nuclear material pursuant to the provisions of the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.].

(d) The term "United States," when used in a geographical sense, includes Puerto Rico, all Territories and possessions of the United States and the Canal Zone; except that in section 47c of this title, the term "United States" when so used shall have the meaning given to it in the Immigration and Nationality Act [8 U.S.C. 1101 et seq.].

(July 15, 1955, ch. 372, §7, 69 Stat. 366.)

Editorial Notes

References in Text

The Atomic Energy Act of 1954, referred to in subsec. (c), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1, 68 Stat. 919, which is classified principally to chapter 23 (§2011 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables.

The Immigration and Nationality Act, referred to in subsec. (d), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.

CHAPTER 5—ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER I—ARSENALS, ARMORIES, ARMS, AND WAR MATERIALS

        

SUBCHAPTER II—EDUCATION AND EXPERIMENTATION IN DEVELOPMENT OF MUNITIONS AND MATERIALS FOR NATIONAL DEFENSE

        

SUBCHAPTER III—ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW MATERIALS

        

SUBCHAPTER I—ARSENALS, ARMORIES, ARMS, AND WAR MATERIALS

§§51 to 57. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 51, act Aug. 5, 1882, ch. 395, 22 Stat. 299, related to pay of master amorer at Springfield Armory.

Section 52, act June 23, 1874, ch. 486, 18 Stat. 282, related to pay of clerks at Springfield Armory.

Section 53, R.S. §1665, required an annual account of expenses of national armories, together with an account of arms made and repaired thereon.

Section 54, acts Aug. 18, 1890, ch. 797, §2, 26 Stat. 320; Aug. 7, 1946, ch. 770, §1(52), 60 Stat. 870, related to accounts of cost of type and experimental manufacture of guns and other articles.

Section 55, R.S. §1666, authorized Secretary of War to abolish useless or unnecessary arsenals.

Section 56, R.S. §1669, provided for forfeitures by reason of misconduct of workmen in armories.

Section 57, R.S. §1671, exempted from jury duty all artificers and workmen employed in armories and arsenals, of the United States.

§58. Repealed. Sept. 1, 1954, ch. 1208, title III, §305(d), 68 Stat. 1114

Section, act July 17, 1912, ch. 236, 37 Stat. 193, related to awards. See section 4501 et seq. of Title 5, Government Organization and Employees.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective 90 days after Sept. 1, 1954, see section 307 of act Sept. 1, 1954.

§§59 to 66. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 59, act July 26, 1886, ch. 781, §1, 24 Stat. 151, related to testing of rifled cannon for Navy.

Section 60, act July 8, 1918, ch. 137, 40 Stat. 817, authorized transfer of naval ordnance and ordnance material from Navy Department to Department of War.

Section 61, acts Mar. 3, 1879, ch. 183, 20 Stat. 412; Apr. 14, 1937, ch. 79, 50 Stat. 63, authorized issuance of arms and ammunition to protect public property, provided for reimbursement. See section 4655 of Title 10, Armed Forces.

Section 62, acts Feb. 10, 1920, ch. 64, 41 Stat. 403; June 5, 1920, ch. 240, 41 Stat. 976; May 26, 1952, ch. 334, 66 Stat. 94, authorized loan of rifles to organizations of honorably discharged soldiers. See section 4683 of Title 10.

Section 62a, act June 30, 1906, ch. 3938, 34 Stat. 817, authorized loan of ordnance to schools and State homes for veterans' orphans. See sections 4685 and 9685 of Title 10.

Section 62b, act Dec. 15, 1926, ch. 10, 44 Stat. 922, authorized Secretary of War to relieve posts or camps or organizations composed of honorably discharged soldiers, sailors, or marines, and sureties on bonds, from liability on account of loss or destruction of rifles, slings, and cartridge belts loaned to such organizations. See section 4683 of Title 10.

Section 62c, acts May 29, 1934, ch. 369, 48 Stat. 815; Aug. 30, 1935, ch. 826, 49 Stat. 1013, authorized Secretary of War to donate Army equipment loaned under authority of section 62 of this title.

Section 63, act May 11, 1908, ch. 163, 35 Stat. 125, authorized sales of ordnance property to schools and State homes for veterans' orphans. See sections 4625 and 9625 of Title 10, Armed Forces.

Section 64, acts May 28, 1908, ch. 215, §14, 35 Stat. 443; June 28, 1950, ch. 383, title IV, §402(g), 64 Stat. 273; Oct. 31, 1951, ch. 654, §2(26), 65 Stat. 707, authorized sale of obsolete small arms to patriotic organizations. See sections 4684 and 9684 of Title 10.

Section 64a, act Mar. 3, 1875, ch. 130, 18 Stat. 388, provided for sale of useless ordnance materials, appropriated an amount equal to net proceeds of sale for purpose of procuring a supply of material, and limited expenditures to not more than $75,000 in any one year.

Section 65, acts Apr. 23, 1904, ch. 1485, 33 Stat. 276; Aug. 1, 1953, ch. 305, title VI, §645, 67 Stat. 357, authorized sale of serviceable ordnance and ordnance stores to American designers.

Section 66, acts Feb. 8, 1889, ch. 116, 25 Stat. 657; Mar. 3, 1899, ch. 423, 30 Stat. 1073; May 26, 1900, ch. 586, 31 Stat. 216; June 28, 1950, ch. 383, title IV, §402(e), 64 Stat. 273; Oct. 31, 1951, ch. 654, §2(27), 65 Stat. 707, authorized issuance of condemned ordnance to State homes for soldiers and sailors. See sections 4686 and 9686 of Title 10.

§67. Transferred

Editorial Notes

Codification

Section, acts May 22, 1896, ch. 231, 29 Stat. 133; May 26, 1928, ch. 785, 45 Stat. 773; Feb. 28, 1933, ch. 137, 47 Stat. 1369; June 19, 1940, ch. 398, §1, 54 Stat. 491; July 31, 1947, ch. 421, 61 Stat. 707; Feb. 27, 1948, ch. 76, §1, 62 Stat. 37; Oct. 31, 1951, ch. 654, §2(2), 65 Stat. 706, which authorized loans or gifts of condemned or obsolete equipment, was transferred to section 150p of former Title 5, Executive Departments and Government Officers and Employees, and subsequently repealed and reenacted as section 2572 of Title 10, Armed Forces, by act Aug. 10, 1956, ch. 1041, §§1, 53, 70A Stat. 143, 641.

§§68 to 71. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 68, acts Mar. 4, 1909, ch. 319, §47, 35 Stat. 1075; June 28, 1950, ch. 383, title IV, §402(i), 64 Stat. 273; Oct. 31, 1951, ch. 654, §2(28), 65 Stat. 708, authorized sale of obsolete ordnance for public parks, public buildings and soldiers' monuments purposes. See sections 4684 and 9684 of Title 10, Armed Forces.

Section 69, act Mar. 2, 1905, ch. 1307, 33 Stat. 841, authorized sale of individual pieces of armament. See section 2574 of Title 10.

Section 70, acts Mar. 3, 1909, ch. 252, 35 Stat. 751; June 28, 1950, ch. 383, title IV, §402(h), 64 Stat. 273, authorized sale of ordnance property to officers of the Navy and Marine Corps. See section 4625 and 9625 of Title 10.

Section 71, act Mar. 3, 1909, ch. 252, 35 Stat. 750, authorized sale of ordnance stores to civilian employees of Army and to American National Red Cross. See sections 4625 and 9625 of Title 10.

§72. Repealed. May 1, 1937, ch. 146, §5(i), 50 Stat. 126

Section, act Aug. 29, 1916, ch. 418, §1, 39 Stat. 643, related to sale of ordnance and stores to Cuba.

§73. Repealed. Aug. 1, 1953, ch. 305, title VI, §645, 67 Stat. 357

Section, act Apr. 23, 1904, ch. 1485, 33 Stat. 276, related to disposition of proceeds from sales of serviceable ordnance and stores. See sections 2208 and 2210 of Title 10, Armed Forces.

§§74 to 81. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 74, act Jan. 22, 1923, ch. 28, 42 Stat. 1142, provided that net proceeds of sales of useless ordnance material by Navy Department should be covered into Treasury as "Miscellaneous receipts". See section 8763 of Title 10, Armed Forces.

Section 75, act Aug. 24, 1912, ch. 391, §1, 37 Stat. 589, related to payment for transfers of ordnance or stores to bureaus or departments.

Section 76, act June 20, 1878, ch. 359, §1, 20 Stat. 223, authorized private use of a machine for testing iron and steel.

Section 77, acts Mar. 3, 1885, ch. 360, 23 Stat. 502; May 29, 1928, ch. 901, par. 27, 45 Stat. 988, regulated tests of iron and steel and other materials for industrial purposes.

Section 78, act June 3, 1916, ch. 134, §123, 39 Stat. 215, related to gauges, dies, and tools for manufacture of arms.

Section 79, act June 3, 1916, ch. 134, §124, 39 Stat. 215, related to nitrate plants.

Section 80, act June 3, 1916, ch. 134, §120, 39 Stat. 213, 214, related to procurement of war material and mobilization of industries. See sections 4882 to 4884, 4892, and 4971 of Title 10.

Section 81, act May 14, 1928, ch. 544, 45 Stat. 509, authorized Secretary of War to secure assistance, whenever practicable, of Geological Survey, Coast and Geodetic Survey, or other mapping agencies of the Government in execution of military surveys and maps. Provisions similar to former section 81 were contained in the following appropriation acts:

Mar. 23, 1928, ch. 232, title I, 45 Stat. 342.

Feb. 23, 1927, ch. 167, title I, 44 Stat. 1123.

Apr. 15, 1926, ch. 146, title I, 44 Stat. 273.

Feb. 12, 1925, ch. 225, title I, 43 Stat. 911.

June 7, 1924, ch. 291, title I, 43, Stat. 496.

Mar. 2, 1923, ch. 178, title I, 42 Stat. 1402.

June 30, 1922, ch. 253, title I, 42 Stat. 741.

§82. Procurement of ships and material during war

(a) Definitions

The word "person" as used in subsections (b) and (c) shall include any individual, trustee, firm, association, company, or corporation. The word "ship" shall include any boat, vessel, submarine, or any form of aircraft, and the parts thereof. The words "war material" shall include arms, armament, ammunition, stores, supplies, and equipment for ships and airplanes, and everything required for or in connection with the production thereof. The word "factory" shall include any factory, workshop, engine works, building used for manufacture, assembling, construction, or any process, and any shipyard or dockyard. The words "United States" shall include the Canal Zone and all territory and waters, continental and insular, subject to the jurisdiction of the United States.

(b) Presidential powers

In time of war the President is authorized and empowered, in addition to all other existing provisions of law:

First. Within the limits of the amounts appropriated therefor, to place an order with any person for such ships or war material as the necessities of the Government, to be determined by the President, may require and which are of the nature, kind, and quantity usually produced or capable of being produced by such person. Compliance with all such orders shall be obligatory on any person to whom such order is given, and such order shall take precedence over all other orders and contracts theretofore placed with such person. If any person owning, leasing, or operating any factory equipped for the building or production of ships or war material for the Navy shall refuse or fail to give to the United States such preference in the execution of such an order, or shall refuse to build, supply, furnish, or manufacture the kind, quantity, or quality of ships or war material so ordered at such reasonable price as shall be determined by the President, the President may take immediate possession of any factory of such person, or of any part thereof without taking possession of the entire factory, and may use the same at such times and in such manner as he may consider necessary or expedient.

Second. Within the limit of the amounts appropriated therefor, to modify or cancel any existing contract for the building, production, or purchase of ships or war material; and if any contractor shall refuse or fail to comply with the contract as so modified the President may take immediate possession of any factory of such contractor, or any part thereof without taking possession of the entire factory, and may use the same at such times and in such manner as he may consider necessary or expedient.

Third. To require the owner or occupier of any factory in which ships or war material are built or produced to place at the disposal of the United States the whole or any part of the output of such factory, and, within the limit of the amounts appropriated therefor, to deliver such output or parts thereof in such quantities and at such times as may be specified in the order at such reasonable price as shall be determined by the President.

Fourth. To requisition and take over for use or operation by the Government any factory, or any part thereof without taking possession of the entire factory, whether the United States has or has not any contract or agreement with the owner or occupier of such factory.

(d) ¹ Compensation for commandeered material

Whenever the United States shall cancel or modify any contract, make use of, assume, occupy, requisition, or take over any factory or part thereof, or any ships or war material, in accordance with the provisions of subsection (b), it shall make just compensation therefor, to be determined by the President, and if the amount thereof so determined by the President is unsatisfactory to the person entitled to receive the same, such person shall be paid fifty per centum of the amount so determined by the President and shall be entitled to sue the United States to recover such further sum as added to said fifty per centum shall make up such amount as will be just compensation therefor, in the manner provided for by section 1346 or section 1491 of title 28.

(Mar. 4, 1917, ch. 180, 39 Stat. 1192.)

Editorial Notes

References in Text

For definition of Canal Zone, referred to in subsec. (a), see section 3602(b) of Title 22, Foreign Relations and Intercourse.

Codification

In subsec. (d), "section 1346 or section 1491 of title 28" substituted for "section twenty-four, paragraph twenty, and section one hundred and forty-five of the Judicial Code" (those sections classified to sections 41(20) and 250 of former Title 28, Judicial Code and Judiciary) on authority of act June 25, 1948, ch. 646, 62 Stat. 869, section 1 of which enacted Title 28, Judiciary and Judicial Procedure. Section 1346 of Title 28 sets forth the basic jurisdiction of the district courts in cases in which the United States is defendant. Section 1491 of Title 28 sets forth the basic jurisdiction of the United States Court of Claims. Sections 24(20) and 145 of the Judicial Code were also classified to sections 1496, 1501, 1503, 2401, 2402, and 2501 of Title 28.

Statutory Notes and Related Subsidiaries

Similar Provisions

Provisions similar to those in this section were contained in the Naval Appropriation Act, 1918, act July 1, 1918, ch. 114, 40 Stat. 719, which terminated six months after the treaty of peace between the United States and Germany (Oct. 18, 1921).

Termination of War and Emergencies

Act July 25, 1947, ch. 327, §3, 61 Stat. 451, provided that in the interpretation of the provisions of this section, which authorized the President to acquire, through construction or conversion, ships, landing craft, and other vessels, the date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on Sept. 8, 1939, and May 27, 1941.

Executive Documents

Ex. Ord. No. 12742. National Security Industrial Responsiveness

Ex. Ord. No. 12742, Jan. 8, 1991, 56 F.R. 1079, as amended by Ex. Ord. No. 13286, §36, Feb. 28, 2003, 68 F.R. 10625, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including 50 U.S.C. App. 468 [now 50 U.S.C. 3816], 10 U.S.C. 4501 and 9501 [former sections 4501 and 9501 of Title 10, Armed Forces], and 50 U.S.C. 82, it is hereby ordered as follows:

Section 101. Policy. The United States must have the capability to rapidly mobilize its resources in the interest of national security. Therefore, to achieve prompt delivery of articles, products, and materials to meet national security requirements, the Government may place orders and require priority performance of these orders.

Sec. 102. Delegation of Authority under 50 U.S.C. App. 468 [now 50 U.S.C. 3816].

(a) Subject to paragraph (b) of this section, the authorities vested in the President, under 50 U.S.C. App. 468 [now 50 U.S.C. 3816], with respect to the placing of orders for prompt delivery of articles or materials, except for the taking authority under (c), are hereby delegated to:

(1) The Secretary of Agriculture with respect to all food resources;

(2) the Secretary of Energy with respect to all forms of energy;

(3) the Secretary of Transportation with respect to all forms of civil transportation; and

(4) the Secretary of Commerce with respect to all other articles and materials, including construction materials.

(b) The authorities delegated by paragraph (a) of this section shall be exercised only after:

(1) a determination by the Secretary of Defense that prompt delivery of the articles or materials for the exclusive use of the armed forces of the United States is in the interest of national security, or

(2) a determination by the Secretary of Energy that the prompt delivery of the articles or materials for the Department of Energy's atomic energy programs is in the interest of national security.

(c) All determinations of the type described in paragraph (b) of this section and all delegations—made prior to the effective date of this order under the Defense Production Act of 1950, as amended [50 U.S.C. 4501 et seq.], and under its implementing rules and regulations—shall be continued in effect, including but not limited to approved programs listed under the Defense Priorities and Allocations System (15 CFR Part 700).

Sec. 103. Delegation of Authority under 10 U.S.C. 4501 and 9501, and 50 U.S.C. 82.

(a) Subject to paragraph (b) of this section, the authorities vested in the President under 10 U.S.C. 4501 and 9501 [former sections 4501 and 9501 of Title 10] with respect to the placing of orders for necessary products or materials, and under 50 U.S.C. 82 with respect to the placing of orders for ships or war materials, except for the taking authority vested in the President by these acts, are hereby delegated to:

(1) the Secretary of Agriculture with respect to all food resources;

(2) the Secretary of Energy with respect to all forms of energy;

(3) the Secretary of Transportation with respect to all forms of civil transportation; and

(4) the Secretary of Commerce with respect to all other products and materials, including construction materials.

(b) The authorities delegated in paragraph (a) of this section may be exercised only after the President has made the statutorily required determination.

Sec. 104. Implementation. (a) The authorities delegated under sections 102 and 103 of this order shall include the power to redelegate such authorities, and the power of successive redelegation of such authorities, to departments and agencies, officers, and employees of the Government. The authorities delegated in this order may be implemented by regulations promulgated and administered by the Secretaries of Agriculture, Defense, Energy, Transportation, Homeland Security, and Commerce, and the Director of the Federal Emergency Management Agency, as appropriate.

(b) All departments and agencies delegated authority under this order are hereby directed to amend their rules and regulations as necessary to reflect the new authorities delegated herein that are to be relied upon to carry out their functions. To the extent authorized by law, including 50 U.S.C. App. 486 [468] [now 50 U.S.C. 3816], 10 U.S.C. 4501 and 9501 [former sections 4501 and 9501 of Title 10], and 50 U.S.C. 82, all rules and regulations issued under the Defense Production Act of 1950, as amended, with respect to the placing of priority orders for articles, products, ships, and materials, including war materials, shall be deemed, where appropriate, to implement the authorities delegated by sections 102 and 103 of this order, and shall remain in effect until amended or revoked by the respective Secretary. All orders, regulations, and other forms of administrative actions purported to have been issued, taken, or continued in effect pursuant to the Defense Production Act of 1950, as amended, shall, until amended or revoked by the respective Secretaries or the Director of the Federal Emergency Management Agency, as appropriate, remain in full force and effect, to the extent supported by any law or any authority delegated to the respective Secretary or the Director pursuant to this order.

(c) Upon the request of the Secretary of Defense with respect to particular articles, products, or materials that are determined to be needed to meet national security requirements, any other official receiving a delegation of authority under this Executive order to place orders or to enforce precedence of such orders, shall exercise such authority within 10 calendar days of the receipt of the request; provided, that if the head of any department or agency having delegated responsibilities hereunder disagrees with a request of the Secretary of Defense, such department or agency head shall, within 10 calendar days from the receipt of the request, refer the issue to the Assistant to the President for National Security Affairs, who shall ensure expeditious resolution of the issue.

(d) Proposed department and agency regulations and procedures to implement the delegated authority under this order, and any new determinations made under sections 102(b)(1) or (2), shall be coordinated by the Secretary of Homeland Security with all appropriate departments and agencies.

Sec. 105. Judicial Review. This order is intended only to improve the internal management of the executive branch and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.

¹ So in original. No subsec. (c) has been enacted.

§§83 to 85. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 83, act May 29, 1928, ch. 853, §1, 45 Stat. 928, related to ammunition for use of Army and Navy, storage and dispersal, control by a joint board of officers. See section 172 of Title 10, Armed Forces.

Section 84, act Mar. 3, 1875, ch. 133, §1, 18 Stat. 455, related to expenditure at armories for perfection of patentable inventions.

Section 85, act Mar. 3, 1921, ch. 128, §6, 41 Stat. 1352, authorized Secretary of War to proceed with installation of guns and howitzers.

§§86 to 88. Omitted

Editorial Notes

Codification

Sections 86 to 88, act Feb. 15, 1936, ch. 74, §§1–3, 49 Stat. 1140, related to conservation of domestic sources of tin, and were superseded by the Export Control Act of 1949 (former sections 2021 to 2032 of the former Appendix to this title) pursuant to section 10 of that Act (former section 2030 of the former Appendix to this title). The act of Feb. 15, 1936 was subsequently superseded by the Export Administration Act of 1969 (former sections 2401 to 2413 of the former Appendix to this title) pursuant to section 12 of that Act (former section 2411 of the former Appendix to this title). See, also, the Export Control Reform Act of 2018, which is classified principally to chapter 58 (§4801 et seq.) of this title.

Section 86, act Feb. 15, 1936, ch. 74, §1, 49 Stat. 1140, related to conservation of domestic resources of tin.

Section 87, act Feb. 15, 1936, ch. 74, §2, 49 Stat. 1140, related to prohibition of exportation except on license.

Section 88, act Feb. 15, 1936, ch. 74, §3, 49 Stat. 1140, related to penalties for violations of sections 86 and 87 of this title.

SUBCHAPTER II—EDUCATION AND EXPERIMENTATION IN DEVELOPMENT OF MUNITIONS AND MATERIALS FOR NATIONAL DEFENSE

§§91 to 94. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 91, act June 16, 1938, ch. 458, §1, 52 Stat. 707, authorized Secretary of War to place educational orders for munitions of special or technical design.

Section 92, act June 16, 1938, ch. 458, §2, 52 Stat. 708, related to production equipment.

Section 93, act June 16, 1938, ch. 458, §3, 52 Stat. 708, placed certain limitations on number of orders.

Section 94, acts June 16, 1938, ch. 458, §4, 52 Stat. 708; Apr. 3, 1939, ch. 35, §13, 53 Stat. 560, related to availability of appropriations for purposes of sections 91 to 94 of this title.

§95. Omitted

Editorial Notes

Codification

Section, act June 30, 1938, ch. 852, 52 Stat. 1255, authorized an appropriation of $2,000,000 to remain until expended for purpose of rotary-wing and other aircraft research, development, procurement, experimentation, and operation for service testing.

§96. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section, act July 15, 1939, ch. 283, 53 Stat. 1042, related to purchase by Secretary of War of equipment for experimental and test purposes. See section 4023 of Title 10, Armed Forces.

SUBCHAPTER III—ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW MATERIALS

§98. Short title

This subchapter may be cited as the "Strategic and Critical Materials Stock Piling Act".

(June 7, 1939, ch. 190, §1, as added Pub. L. 96–41, §2(a), July 30, 1979, 93 Stat. 319.)

Editorial Notes

Prior Provisions

A prior section 98, acts June 7, 1939, ch. 190, §1, 53 Stat. 811; July 23, 1946, ch. 590, 60 Stat. 596, related to declaration of Congressional policy in enacting this subchapter, prior to repeal by section 2(a) of Pub. L. 96–41.

Statutory Notes and Related Subsidiaries

Short Title of 1987 Amendment

Pub. L. 100–180, div. C, title II, §3201, Dec. 4, 1987, 101 Stat. 1245, provided that: "This title [enacting section 98h–5 of this title, amending sections 98a, 98b, 98d, 98e–1, 98h, 98h–2, and 98h–4 of this title, enacting provisions set out as a note under section 98e–1 of this title, and repealing provisions set out as a note under this section] may be cited as the 'National Defense Stockpile Amendments of 1987'."

Short Title of 1979 Amendment

Pub. L. 96–41, §1, July 30, 1979, 93 Stat. 319, provided: "That this Act [enacting this section and sections 98a to 98h–3 of this title, redesignating former section 98h–1 of this title as 98h–4 of this title, amending section 4533 of this title, sections 1743 and 1745 of Title 7, Agriculture, section 741b of Title 15, Commerce and Trade, and section 485 of former Title 40, Public Buildings, Property, and Works, enacting a provision set out as a note under this section, and repealing a provision set out as a note under this section] may be cited as the 'Strategic and Critical Materials Stock Piling Revision Act of 1979'."

Short Title

Act June 7, 1939, ch. 190, §11, formerly §10, as added by act July 23, 1946, ch. 590, 60 Stat. 596; renumbered §11, Pub. L. 92–156, title V, §503(1), Nov. 17, 1971, 85 Stat. 427, provided that this Act, which enacted this subchapter, be cited as the "Strategic and Critical Materials Stock Piling Act", prior to repeal by Pub. L. 96–41, §2(b)(2), July 30, 1979, 93 Stat. 324.

New Budget Authority

Pub. L. 96–41, §4, July 30, 1979, 93 Stat. 320, provided that: "Any provision authorizing the enactment of new budget authority contained in the amendments made by this Act [see Short Title of 1979 Amendment note above] shall be effective on October 1, 1979."

Executive Documents

Executive Order No. 12155

Ex. Ord. No. 12155, Sept. 10, 1979, 44 F.R. 53071, as amended by Ex. Ord. No. 12417, May 2, 1983, 48 F.R. 20035, which related to delegation of functions vested in President by Strategic and Critical Materials Stock Piling Act, as amended [50 U.S.C. 98 et seq.], to various Federal agencies and officials, was revoked by Pub. L. 100–180, div. C, title II, §3203(b), Dec. 4, 1987, 101 Stat. 1247, effective 30 days after Dec. 4, 1987.

Ex. Ord. No. 12626. National Defense Stockpile Manager

Ex. Ord. No. 12626, Feb. 25, 1988, 53 F.R. 6114, provided:

By the authority vested in me as President by the Constitution and laws of the United States of America, including the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.), as amended, section 3203 of the National Defense Authorization Act for Fiscal Year 1988 (Public Law 100–180) [amending section 98e–1 of this title and enacting a provision set out as a note under section 98e–1 of this title], and section 301 of Title 3 of the United States Code, it is hereby ordered as follows:

Section 1. The Secretary of Defense is designated National Defense Stockpile Manager. The functions vested in the President by the Strategic and Critical Materials Stock Piling Act [50 U.S.C. 98 et seq.], except the functions vested in the President by sections 7, 8, and 13 of the Act [50 U.S.C. 98f, 98g, 98h–4], are delegated to the Secretary of Defense. The functions vested in the President by section 8(a) of the Act [50 U.S.C. 98g(a)] are delegated to the Secretary of the Interior. The functions vested in the President by section 8(b) of the Act [50 U.S.C. 98g(b)] are delegated to the Secretary of Agriculture.

Sec. 2. The functions vested in the President by section 4(h) of the Commodity Credit Corporation Charter Act, as amended (15 U.S.C. 714b(h)), are delegated to the Secretary of Defense.

Sec. 3. The functions vested in the President by section 204(f) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 485(f)) [now 40 U.S.C. 574(d)], are delegated to the Secretary of Defense.

Sec. 4. In executing the functions delegated to him by this Order, the Secretary of Defense may delegate such functions as he may deem appropriate, subject to his direction. The Secretary shall consult with the heads of affected agencies in performing the functions delegated to him by this Order.

Ronald Reagan.      

Ex. Ord. No. 14051. Designation To Exercise Authority Over the National Defense Stockpile

Ex. Ord. No. 14051, Oct. 31, 2021, 86 F.R. 60747, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Strategic and Critical Materials Stock Piling Act, as amended (50 U.S.C. 98 et seq.), section 1413 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239) [amending sections 98f and 98h–7 of this title], and section 301 of title 3, United States Code, it is hereby ordered as follows:

Section 1. Policy and Purpose. The United States needs resilient, diverse, and secure supply chains to ensure our economic prosperity, national security, and national competitiveness. In Executive Order 14017 of February 24, 2021 (America's Supply Chains) [86 F.R. 11849], I directed a comprehensive review of America's supply chains to ensure that they are resilient in the face of a range of risks. One critical component of safeguarding supply chain resilience and industrial base health is ensuring that both the Federal Government and the private sector maintain adequate quantities of supplies, equipment, or raw materials on hand to create a buffer against potential shortages and import dependencies. Some of the Federal Government's key tools to maintain adequate quantities of supplies to guard against such shortages and dependencies are the United States national stockpiles, including the National Defense Stockpile. By strengthening the National Defense Stockpile, the Federal Government will both ensure that it is keeping adequate quantities of goods on hand and provide a model for the private sector, while recognizing that private sector stockpiles and reserves can differ from government ones. This order confers authority related to the release of strategic and critical materials from the National Defense Stockpile to improve Federal Government efforts around stockpiling for national defense purposes.

Sec. 2. Designation. In accordance with section 98f of title 50, United States Code, the Under Secretary of Defense for Acquisition and Sustainment (Under Secretary) is designated to have authority to release strategic and critical materials from the National Defense Stockpile.

Sec. 3. Execution and Consultation. In executing the authority conferred by this order, the Under Secretary may release strategic and critical materials from the National Defense Stockpile for use, sale, or other disposition only when required for use, manufacture, or production for purposes of national defense. No release is authorized for economic or budgetary purposes. Prior to ordering the release of strategic and critical materials from the National Defense Stockpile, the Under Secretary shall consult with the heads of relevant executive departments and agencies.

Sec. 4. Authority. (a) All previously issued orders, regulations, rulings, certificates, directives, and other actions relating to any function affected by this order shall remain in effect except to the extent that they are inconsistent with this order or are subsequently amended or revoked under proper authority. Nothing in this order shall affect the validity or force of anything done under previous delegations or another assignment of authority under the Strategic and Critical Materials Stock Piling Act.

(b) Nothing in this order shall affect the authorities assigned under Executive Order 13603 of March 16, 2012 (National Defense Resources Preparedness) [50 U.S.C. 4553 note].

Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

J.R. Biden, Jr.      

§98a. Congressional findings and declaration of purpose

(a) The Congress finds that the natural resources of the United States in certain strategic and critical materials are deficient or insufficiently developed to supply the military, industrial, and essential civilian needs of the United States for national defense.

(b) It is the purpose of this subchapter to provide for the acquisition and retention of stocks of certain strategic and critical materials and to encourage the conservation and development of sources of such materials within the United States and thereby to decrease and to preclude, when possible, a dangerous and costly dependence by the United States upon foreign sources or a single point of failure for supplies of such materials in times of national emergency.

(c) The purpose of the National Defense Stockpile is to serve the interest of national defense only. The National Defense Stockpile is not to be used for economic or budgetary purposes.

(d) To the maximum extent practicable and to reduce the reliance of the National Defense Stockpile program on appropriated funds, the National Defense Stockpile Manager shall seek to achieve positive cash flows from the recovery of strategic and critical materials pursuant to section 98e(a)(5) of this title.

(June 7, 1939, ch. 190, §2, as added Pub. L. 96–41, §2(a), July 30, 1979, 93 Stat. 319; amended Pub. L. 100–180, div. C, title II, §3202(b), Dec. 4, 1987, 101 Stat. 1245; Pub. L. 103–160, div. C, title XXXIII, §3311, Nov. 30, 1993, 107 Stat. 1961; Pub. L. 104–201, div. C, title XXXIII, §3311(b), Sept. 23, 1996, 110 Stat. 2857; Pub. L. 112–239, div. A, title XIV, §1412, Jan. 2, 2013, 126 Stat. 2048; Pub. L. 118–31, div. A, title XIV, §1411(a), Dec. 22, 2023, 137 Stat. 523.)

Editorial Notes

Prior Provisions

A prior section 98a, acts June 7, 1939, ch. 190, §2, 53 Stat. 811; July 23, 1946, ch. 590, 60 Stat. 596; 1953 Reorg. Plan No. 3, §2(b), eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634; 1958 Reorg. Plan No. 1, §2, eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799; Oct. 21, 1968, Pub. L. 90–608, §402, 82 Stat. 1194; Ex. Ord. No. 11725, §3, eff. June 29, 1973, 38 F.R. 17175, related to determination of strategic and critical materials, the quantity and quality to be purchased, formation and functions of industry advisory committees, and the subsistence and traveling expenses of members of those committees, prior to repeal by section 2(a) of Pub. L. 96–41.

Provisions similar to those in this section were contained in former section 98 of this title prior to repeal by Pub. L. 96–41.

Amendments

2023—Subsec. (d). Pub. L. 118–31 added subsec. (d).

2013—Subsec. (b). Pub. L. 112–239 inserted "or a single point of failure" after "foreign sources".

1996—Subsec. (c). Pub. L. 104–201 added subsec. (c) and struck out former subsec. (c) which read as follows: "In providing for the National Defense Stockpile under this subchapter, Congress establishes the following principles:

"(1) The purpose of the National Defense Stockpile is to serve the interest of national defense only. The National Defense Stockpile is not to be used for economic or budgetary purposes.

"(2) Before October 1, 1994, the quantities of materials stockpiled under this subchapter should be sufficient to sustain the United States for a period of not less than three years during a national emergency situation that would necessitate total mobilization of the economy of the United States for a sustained conventional global war of indefinite duration.

"(3) On and after October 1, 1994, the quantities of materials stockpiled under this subchapter should be sufficient to meet the needs of the United States during a period of a national emergency that would necessitate an expansion of the Armed Forces together with a significant mobilization of the economy of the United States under planning guidance issued by the Secretary of Defense."

1993—Subsec. (c)(2). Pub. L. 103–160, §3311(1), substituted "Before October 1, 1994, the quantities" for "The quantities".

Subsec. (c)(3). Pub. L. 103–160, §3311(2), added par. (3).

1987—Subsec. (c). Pub. L. 100–180 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–201, div. C, title XXXIII, §3311(c), Sept. 23, 1996, 110 Stat. 2857, provided that: "The amendments made by this section [amending this section and section 98h–5 of this title] shall take effect on October 1, 1996."

§98b. National Defense Stockpile

(a) Determination of materials; quantities

Subject to subsection (c), the President shall determine from time to time (1) which materials are strategic and critical materials for the purposes of this subchapter, and (2) the quality and quantity of each such material to be acquired for the purposes of this subchapter and the form in which each such material shall be acquired and stored. Such materials when acquired, together with the other materials described in section 98c of this title, shall constitute and be collectively known as the National Defense Stockpile (hereinafter in this subchapter referred to as the "stockpile").

(b) Guidelines for exercise of Presidential authority

The President shall make the determinations required to be made under subsection (a) on the basis of the principles stated in section 98a(c) of this title.

(c) Quantity change; notification to Congress

(1) The quantity of any material to be stockpiled under this subchapter, as in effect on September 30, 1987, may be changed only as provided in this subsection or as otherwise provided by law enacted after December 4, 1987.

(2) The President shall notify Congress in writing of any increase proposed to be made in the quantity of any material to be stockpiled that involves the acquisition of additional materials for the stockpile. The President may make the increase after the end of the 30-day period beginning on the date of the notification. The President shall include a full explanation and justification for the proposed increase with the notification.

(June 7, 1939, ch. 190, §3, as added Pub. L. 96–41, §2(a), July 30, 1979, 93 Stat. 319; amended Pub. L. 100–180, div. C, title II, §3202(a), Dec. 4, 1987, 101 Stat. 1245; Pub. L. 100–456, div. A, title XII, §1233(b)(2), Sept. 29, 1988, 102 Stat. 2057; Pub. L. 102–484, div. C, title XXXIII, §3311, Oct. 23, 1992, 106 Stat. 2653; Pub. L. 104–201, div. C, title XXXIII, §3312(a), Sept. 23, 1996, 110 Stat. 2857; Pub. L. 117–263, div. A, title XIV, §1412(b), Dec. 23, 2022, 136 Stat. 2872.)

Editorial Notes

Prior Provisions

A prior section 98b, acts June 7, 1939, ch. 190, §3, 53 Stat. 811; July 23, 1946, ch. 590, 60 Stat. 597; Aug. 2, 1946, ch. 753, title I, §§102, 121, 60 Stat. 815, 822; June 30, 1949, ch. 288, title I, §102(a), 63 Stat. 380; 1953 Reorg. Plan No. 3, §2(b), eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634; 1958 Reorg. Plan No. 1, §2, eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799; Oct. 21, 1968, Pub. L. 90–608, §402, 82 Stat. 1194; Ex. Ord. No. 11725, §3, eff. June 29, 1973, 38 F.R. 17175, related to purchase, storage, refinement, rotation, and disposal of materials, prior to repeal by section 2(a) of Pub. L. 96–41. See section 98e of this title.

Provisions similar to those in this section were contained in former section 98a of this title prior to repeal by Pub. L. 96–41.

Amendments

2022—Subsec. (c)(2). Pub. L. 117–263, in first sentence, substituted "The President shall notify Congress in writing of any increase proposed to be made in the quantity of any material to be stockpiled that involves the acquisition of additional materials for the stockpile." for "The President shall notify Congress in writing of any change proposed to be made in the quantity of any material to be stockpiled.", in second sentence, substituted "the increase after the end of the 30-day period" for "the change after the end of the 45-day period" and, in third sentence, substituted "increase" for "change".

1996—Subsec. (c)(2). Pub. L. 104–201 substituted "after the end of the 45-day period beginning on" for "effective on or after the 30th legislative day following" and struck out at end "For purposes of this paragraph, a legislative day is a day on which both Houses of Congress are in session."

1992—Subsec. (c)(2) to (5). Pub. L. 102–484 added par. (2) and struck out former pars. (2) to (5) which read as follows:

"(2) If the President proposes to change the quantity of any material to be stockpiled under this subchapter, the President shall include a full explanation and justification for the change in the next annual material plan submitted to Congress under section 98h–2(b) of this title.

"(3) If the proposed change in the case of any material would result in a new requirement for the quantity of such material different from the requirement for that material in effect on September 30, 1987, by less than 10 percent, the change may be made by the President effective on or after the first day of the first fiscal year beginning after the explanation and justification for the proposed change is submitted pursuant to paragraph (2).

"(4) In the case of a proposed change not covered by paragraph (3), the proposed change may be made only to the extent expressly authorized by law.

"(5) If in any year the reports required by sections 98h–2(b) and 98h–5 of this title are not submitted to Congress as required by law (including the time for such submission), then during the next fiscal year no change under paragraph (3) may be made in the quantity of any material to be stockpiled under this subchapter."

1988—Subsec. (c)(1). Pub. L. 100–456 substituted "December 4, 1987" for "the date of the enactment of the National Defense Stockpile Amendments of 1987", which for purposes of codification had been translated as "December 4, 1987", thus requiring no change in text.

1987—Subsec. (a). Pub. L. 100–180, §3202(a)(1), substituted "Subject to subsection (c), the" for "The".

Subsec. (b). Pub. L. 100–180, §3202(a)(2), substituted "the principles stated in section 98a(c) of this title." for "the following principles:" and struck out cls. (1) and (2) which related to purpose of National Defense Stockpile and quantities of materials stockpiled.

Subsec. (c). Pub. L. 100–180, §3202(a)(3), added subsec. (c) and struck out former subsec. (c) which read as follows: "The quantity of any material to be stockpiled under this subchapter, as determined under subsection (a), may not be revised unless the Committees on Armed Services of the Senate and House of Representatives are notified in writing of the proposed revision and the reasons for such revision at least thirty days before the effective date of such revision."

Statutory Notes and Related Subsidiaries

Consultations With Respect to Environmental Reviews of Projects That Will Increase Availability of Strategic and Critical Materials for Acquisition for National Defense Stockpile

Pub. L. 118–159, div. A, title XIV, §1412, Dec. 23, 2024, 138 Stat. 2128, provided that:

"(a) In General.—The Secretary of Defense shall consult with the head of any agency responsible for the development of an environmental document for a project that will result in an increase in the availability of strategic and critical materials for acquisition for the Stockpile.

"(b) Definitions.—In this section:

"(1) Agency.—The term 'agency' has the meaning given such term in section 551 of title 5, United States Code.

"(2) Environmental document.—The term 'environmental document' has the meaning given that term in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e).

"(3) Stockpile.—The term 'Stockpile' means the National Defense Stockpile established under section 3 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b).

"(4) Strategic and critical materials.—The term 'strategic and critical materials' means materials, including rare earth elements, that are necessary to meet national defense and national security requirements, including requirements relating to supply chain resiliency, and for the economic security of the United States."

Executive Documents

Delegation of Functions

Functions of the President under this section were delegated to the Secretary of Defense by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53 F.R. 6114, set out under section 98 of this title.

§98c. Materials constituting the National Defense Stockpile

(a) Contents

The stockpile consists of the following materials:

(1) Materials acquired under this subchapter and contained in the national stockpile on July 29, 1979.

(2) Materials acquired under this subchapter after July 29, 1979.

(3) Materials in the supplemental stockpile established by section 1704(b) of title 7 (as in effect from September 21, 1959, through December 31, 1966) on July 29, 1979.

(4) Materials acquired by the United States under the provisions of section 4533 of this title and transferred to the stockpile by the President pursuant to subsection (f) of such section.

(5) Materials transferred to the United States under section 2423 of title 22 that have been determined to be strategic and critical materials for the purposes of this subchapter and that are allocated by the President under subsection (b) of such section for stockpiling in the stockpile.

(6) Materials acquired by the Commodity Credit Corporation and transferred to the stockpile under section 714b(h) of title 15.

(7) Materials acquired by the Commodity Credit Corporation under paragraph (2) of section 1743(a) of title 7, and transferred to the stockpile under the third sentence of such section.

(8) Materials transferred to the stockpile by the President under paragraph (4) of section 1743(a) of title 7.

(9) Materials transferred to the stockpile under subsection (b).

(10) Materials transferred to the stockpile under subsection (c).

(b) Transfer and reimbursement

Notwithstanding any other provision of law, any material that (1) is under the control of any department or agency of the United States, (2) is determined by the head of such department or agency to be excess to its needs and responsibilities, and (3) is suitable for transfer or disposal through the stockpile shall be transferred to the stockpile. Any such transfer shall be made without reimbursement to such department or agency, but all costs required to effect such transfer shall be paid or reimbursed from funds appropriated to carry out this subchapter.

(c) Transfer and disposal

The Secretary of Defense shall determine whether materials are suitable for transfer to the stockpile under subsection (b), are suitable for disposal through the stockpile, and are uncontaminated.

(June 7, 1939, ch. 190, §4, as added Pub. L. 96–41, §2(a), July 30, 1979, 93 Stat. 320; amended Pub. L. 99–661, div. C, title II, §3207(a)(1), Nov. 14, 1986, 100 Stat. 4069; Pub. L. 104–106, div. C, title XXXIII, §3311, Feb. 10, 1996, 110 Stat. 630; Pub. L. 110–246, title III, §3001(b)(1)(A), (2)(Z), June 18, 2008, 122 Stat. 1820, 1821; Pub. L. 114–328, div. A, title XIV, §1412(a), Dec. 23, 2016, 130 Stat. 2570.)

Editorial Notes

References in Text

Section 1704(b) of title 7, referred to in subsec. (a)(3), was amended generally by Pub. L. 101–624, title XV, §1512, Nov. 28, 1990, 104 Stat. 3635, and, as so amended, no longer contains provisions relating to a supplemental stockpile.

Prior Provisions

A prior section 98c, acts June 7, 1939, ch. 190, §4, 53 Stat. 811; July 23, 1946, ch. 590, 60 Stat. 598; 1953 Reorg. Plan No. 3, §2(b), eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634; 1958 Reorg. Plan No. 1, §2, eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799; Oct. 21, 1968, Pub. L. 90–608, §402, 82 Stat. 1194; Ex. Ord. No. 11725, §3, eff. June 29, 1973, 38 F.R. 17175; Apr. 21, 1976, Pub. L. 94–273, §37, 90 Stat. 380, required reports to Congress, prior to repeal by section 2(a) of Pub. L. 96–41. See section 98h–2 of this title.

Amendments

2016—Subsec. (b). Pub. L. 114–328, §1412(a)(1), substituted "suitable for transfer or disposal through" for "required for".

Subsec. (c). Pub. L. 114–328, §1412(a)(2), struck out "(2)" before "The Secretary", substituted "subsection (b)" for "this subsection", and struck out par. (1) which read as follows: "The Secretary of Energy, in consultation with the Secretary of Defense, shall transfer to the stockpile for disposal in accordance with this subchapter uncontaminated materials that are in the Department of Energy inventory of materials for the production of defense-related items, are excess to the requirements of the Department for that purpose, and are suitable for transfer to the stockpile and disposal through the stockpile."

2008—Subsec. (a)(3). Pub. L. 110–246 made technical amendment to reference in original act which appears in text as reference to section 1704(b) of title 7.

1996—Subsec. (a)(10). Pub. L. 104–106, §3311(b), added par. (10).

Subsec. (c). Pub. L. 104–106, §3311(a), added subsec. (c).

1986—Pub. L. 99–661 substituted "on July 29, 1979" for "on the day before the date of the date of enactment of the Strategic and Critical Materials Stock Piling Revision Act of 1979" in pars. (1) and (3), and "after July 29, 1979" for "on or after the date of the enactment of the Strategic and Critical Materials Stock Piling Revision Act of 1979" in par. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

Clarification of Stockpile Status of Certain Materials

Pub. L. 102–484, div. C, title XXXIII, §3315, Oct. 23, 1992, 106 Stat. 2654, as amended by Pub. L. 103–337, div. A, title X, §1070(c)(4), Oct. 5, 1994, 108 Stat. 2858, provided that: "All materials purchased under section 303 of the Defense Production Act of 1950 (50 U.S.C. App. 2093) [now 50 U.S.C. 4533] and held in the Defense Production Act inventory as of June 30, 1992, are hereby transferred to the National Defense Stockpile and shall be managed, controlled, and subject to disposal by the National Defense Stockpile Manager as provided in the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98a et seq.) [50 U.S.C. 98 et seq.]."

§98d. Authority for stockpile operations

(a) Funds appropriated for acquisitions; proposed stockpile transactions; significant changes therein

(1) Except for acquisitions made under the authority of paragraph (3) of this section ¹ or under the authority of paragraph (3) or (4) of section 98e(a) of this title, no funds may be obligated or appropriated for acquisition of any material under this subchapter unless funds for such acquisition have been authorized by law. Funds appropriated for any acquisition of materials under this subchapter (and for transportation and other incidental expenses related to such acquisition) shall remain available until expended, unless otherwise provided in appropriation Acts.

(2) If for any fiscal year the President proposes (or Congress requires) a significant change in any stockpile transactions proposed in the Annual Materials and Operations Plan for such fiscal year after the National Defense Stockpile Manager submits the report under section 98h–2(b)(2) of this title containing such plan, or a significant transaction not included in such plan, no amount may be obligated or expended for such transaction during such year until the President has submitted a full statement of the proposed transaction to the appropriate committees of Congress and a period of 45 days has passed from the date of the receipt of such statement by such committees.

(3) Using funds appropriated for acquisition of materials under this subchapter, the National Defense Stockpile Manager may acquire materials determined to be strategic and critical under section 98b(a) of this title without regard to the requirement of the first sentence of paragraph (1) if the Stockpile Manager determines there is a shortfall of such materials in the stockpile.

(b) Disposal

Except for disposals made under the authority of paragraph (3), (4), or (5) ² of section 98e(a) of this title or under section 98f(a) of this title, no disposal may be made from the stockpile unless such disposal, including the quantity of the material to be disposed of, has been specifically authorized by law.

(c) Authorization of appropriations

There is authorized to be appropriated such sums as may be necessary to provide for the transportation, processing, refining, storage, security, maintenance, rotation, and disposal of materials contained in or acquired for the stockpile. Funds appropriated for such purposes shall remain available until expended, unless otherwise provided in appropriations Acts.

(June 7, 1939, ch. 190, §5, as added Pub. L. 96–41, §2(a), July 30, 1979, 93 Stat. 321; amended Pub. L. 97–35, title II, §203(a), (b), Aug. 13, 1981, 95 Stat. 381, 382; Pub. L. 98–525, title IX, §903, Oct. 19, 1984, 98 Stat. 2573; Pub. L. 99–661, div. C, title II, §3207(a)(2), Nov. 14, 1986, 100 Stat. 4069; Pub. L. 100–180, div. C, title II, §3206(a), Dec. 4, 1987, 101 Stat. 1247; Pub. L. 102–484, div. C, title XXXIII, §3312, Oct. 23, 1992, 106 Stat. 2653; Pub. L. 103–160, div. C, title XXXIII, §3312, Nov. 30, 1993, 107 Stat. 1962; Pub. L. 117–263, div. A, title XIV, §§1411(d)(1)(A), 1412(a), Dec. 23, 2022, 136 Stat. 2871, 2872; Pub. L. 118–31, div. A, title XIV, §1411(e)(2)(A), Dec. 22, 2023, 137 Stat. 527.)

Editorial Notes

References in Text

Paragraph (5) of section 98e(a) of this title, referred to in subsec. (b), was redesignated paragraph (6) of section 98e(a) of this title by Pub. L. 113–66, div. A, title XIV, §1411(a), Dec. 26, 2013, 127 Stat. 934.

Prior Provisions

A prior section 98d, acts June 7, 1939, ch. 190, §5, 53 Stat. 812; July 23, 1946, ch. 590, 60 Stat. 598, related to release of stock pile materials, prior to repeal by section 2(a) of Pub. L. 96–41. See section 98f of this title.

Provisions similar to those in this section were contained in former sections 98b and 98g of this title prior to repeal by Pub. L. 96–41.

Amendments

2023—Subsec. (a)(2). Pub. L. 118–31 substituted "the National Defense Stockpile Manager" for "the Board".

2022—Subsec. (a)(1). Pub. L. 117–263, §1412(a)(1)(A), inserted "under the authority of paragraph (3) of this section or" after "Except for acquisitions made" and substituted "appropriated for any acquisition of materials under this subchapter" for "appropriated for such acquisition".

Subsec. (a)(2). Pub. L. 117–263, §1411(d)(1)(A), struck out "certain stockpile transactions in the annual materials plan submitted to Congress for that year under section 98h–2(b) of this title and after that plan is submitted the President proposes" after "the President proposes" and substituted "any stockpile transactions proposed in the Annual Materials and Operations Plan for such fiscal year after the Board submits the report under section 98h–2(b)(2) of this title containing such plan" for "any such transaction".

Subsec. (a)(3). Pub. L. 117–263, §1412(a)(1)(B), added par. (3).

Subsec. (c). Pub. L. 117–263, §1412(a)(2), substituted "until expended, unless otherwise provided in appropriations Acts" for "to carry out the purposes for which appropriated for a period of two fiscal years, if so provided in appropriation Acts".

1993—Subsec. (a)(2). Pub. L. 103–160 substituted "and a period of 45 days has passed from the date of the receipt of such statement by such committees." for "and a period of 30 days has passed from the date of the receipt of such statement by such committees. In computing any 30-day period for the purpose of the preceding sentence, there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than three days to a day certain."

1992—Subsec. (b). Pub. L. 102–484 struck out "(1)" after "the stockpile" and ", or (2) if the disposal would result in there being an unobligated balance in the National Defense Stockpile Transaction Fund in excess of $100,000,000" after "authorized by law".

1987—Subsec. (a)(2). Pub. L. 100–180 struck out "or until each such committee, before the expiration of such period, notifies the President that it has no objection to the proposed transaction" before period at end of first sentence.

1986—Subsec. (b). Pub. L. 99–661 substituted "paragraph (3), (4), or (5)" for "paragraph (4) or (5)".

1984—Subsec. (b)(2). Pub. L. 98–525, §903(b), substituted "$100,000,000" for "$250,000,000".

Pub. L. 98–525, §903(a), substituted "an unobligated balance" for "a balance" where first appearing and "$250,000,000" for "$1,000,000,000 or, in the case of a disposal to be made after September 30, 1983, if the disposal would result in there being a balance in the fund in excess of $500,000,000".

1981—Subsec. (a). Pub. L. 97–35, §203(a), designated existing provisions as par. (1), inserted applicability to other incidental expenses, substituted "until expended, unless otherwise" for "for a period of five fiscal years, if so", and added par. (2).

Subsec. (b). Pub. L. 97–35, §203(b), inserted designation for cl. (1) and added cl. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Pub. L. 98–525, title IX, §903(b), Oct. 19, 1984, 98 Stat. 2573, as amended by Pub. L. 99–145, title XVI, §1611(b), Nov. 8, 1985, 99 Stat. 776, provided in part that the amendment by section 903(b) of Pub. L. 98–525, is effective Oct. 1, 1987.

Effective Date of 1981 Amendment

Pub. L. 97–35, title II, §203(f), Aug. 13, 1981, 95 Stat. 382, provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to funds appropriated for fiscal years beginning after September 30, 1981."

Department of Defense Readiness To Support Prolonged Conflict

Pub. L. 117–263, div. A, title XIV, §1415, Dec. 23, 2022, 136 Stat. 2873, provided that:

"(a) Studies Required.—

"(1) In general.—For each report required by section 14(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–5(a)), the National Defense Stockpile Manager shall—

"(A) conduct a study on the strategic materials required by the Department of Defense to sustain combat operations for not less than one year against the pacing threat identified in the National Defense Strategy; and

"(B) not later than January 15, 2024, submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on such study in a classified form with an unclassified summary.

"(2) Energy storage and electronic components.—

"(A) In general.—The Under Secretary of Defense for Acquisition and Sustainment shall conduct a study of the energy storage and electronic components necessary to sustain combat operations for not less than one year against the pacing threat identified in the National Defense Strategy.

"(B) Report.—

"(i) In general.—Not later than January 15, 2024, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report on the study required under subparagraph (A).

"(ii) Form.—The report required by clause (i) shall be submitted in an unclassified form but may contain a classified annex.

"(iii) Elements.—The report required by clause (i) shall include the following:

     "(I) A description of the specific number and type of energy storage and electronic components that the Department of Defense requires for the manufacture of munitions, combat support items, and weapon systems to sustain combat operations.

     "(II) A description of the specific number and type of energy storage and electronic components that the Department of Defense requires to replenish or replace munitions, combat support items, and weapon systems that are lost or expended during the execution and sustainment of the relevant operational plan.

     "(III) A description of supply chain vulnerabilities during the sustainment and execution period, such as sole sources of supply, war damage, and shipping interdiction.

     "(IV) A description of supply chain vulnerabilities prior to the sustainment and execution period and the replenishment and replacement period, such as reliance on sole sources of supply, geographic proximity to strategic competitors, and diminishing manufacturing sources.

     "(V) An identification of alternative sources of supply for energy and electronics components that are domestic or are from allies or partners of the United States.

     "(VI) An assessment of the technical and economic feasibility of the preparedness and response programs of the Department of Defense, such as the National Defense Stockpile, the Warstopper program, war reserves and pre-positioned stocks, contract options, or other methods to mitigate postulated shortfalls to Department of Defense requirements.

     "(VII) Any other such elements deemed appropriate by the Under Secretary of Defense for Acquisition and Sustainment.

"(C) Energy storage and electronic component defined.—In this paragraph, the term 'energy storage and electronic component' includes—

"(i) an item that operates by controlling the flow of electrons or other electrically charged particles in circuits, using interconnections of electrical devices such as resistors, inductors, capacitors, diodes, switches, transistors, or integrated circuits; and

"(ii) battery cells, battery modules, battery packs, and other related components related to batteries.

"(b) Acquisition Priority.—Consistent with the authority in section 5 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98d) and subject to the availability of appropriations, the National Defense Stockpile Manager shall acquire the highest priority strategic and critical materials identified in the report submitted under subsection (a)(1).

"(c) Strategic and Critical Materials Defined.—In this section, the term 'strategic and critical materials' has the meaning given such term in section 12 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–3)."

Prohibition of Reductions in Stockpile Goals

Pub. L. 99–145, title XVI, §1612, Nov. 8, 1985, 99 Stat. 776, as amended by Pub. L. 99–661, div. C, title II, §3201, Nov. 14, 1986, 100 Stat. 4067, prohibited action before Oct. 1, 1987, to implement or administer any change in a stockpile goal in effect on Oct. 1, 1984, that would result in a reduction in the quality or quantity of any strategic and critical material acquired for the National Defense Stockpile.

Materials in the National Defense Stockpile

Provisions relating to certain materials in the National Defense Stockpile were contained in the following acts:

Pub. L. 118–31, div. A, title XIV, §1412, Dec. 22, 2023, 137 Stat. 528.

Pub. L. 116–92, div. A, title VIII, §850, Dec. 20, 2019, 133 Stat. 1509.

Pub. L. 115–91, div. A, title XIV, §1414, Dec. 12, 2017, 131 Stat. 1708.

Pub. L. 114–328, div. A, title XIV, §1411, Dec. 23, 2016, 130 Stat. 2569.

Pub. L. 113–66, div. A, title XIV, §1412, Dec. 26, 2013, 127 Stat. 934.

Pub. L. 110–181, div. A, title XIV, §§1413, 1414, Jan. 28, 2008, 122 Stat. 418, 419.

Pub. L. 109–163, div. C, title XXXIII, §§3303, 3304, Jan. 6, 2006, 119 Stat. 3546.

Pub. L. 108–375, div. C, title XXXIII, §3303, Oct. 28, 2004, 118 Stat. 2193.

Pub. L. 107–107, div. C, title XXXIII, §§3301, 3303, 3306(a), Dec. 28, 2001, 115 Stat. 1388, 1389, 1391.

Pub. L. 106–398, §1 [div. C, title XXXIII, §3303], Oct. 30, 2000, 114 Stat. 1654, 1654A-483.

Pub. L. 106–65, div. C, title XXXIV, §3402(a)–(e), Oct. 5, 1999, 113 Stat. 972, 973; Pub. L. 108–136, div. C, title XXXIII, §3302, Nov. 24, 2003, 117 Stat. 1788; Pub. L. 109–163, div. C, title XXXIII, §3302(b), Jan. 6, 2006, 119 Stat. 3546; Pub. L. 110–181, div. A, title XIV, §1412(a), Jan. 28, 2008, 122 Stat. 418; Pub. L. 111–383, div. A, title XIV, §1412, Jan. 7, 2011, 124 Stat. 4412; Pub. L. 112–81, div. A, title XIV, §1412, Dec. 31, 2011, 125 Stat. 1654.

Pub. L. 106–31, title I, §303, May 21, 1999, 113 Stat. 67.

Pub. L. 105–262, title VIII, §8109, Oct. 17, 1998, 112 Stat. 2322.

Pub. L. 105–261, div. C, title XXXIII, §§3301, 3303, Oct. 17, 1998, 112 Stat. 2262, 2263; Pub. L. 106–65, div. C, title XXXIV, §3403(a), Oct. 5, 1999, 113 Stat. 973; Pub. L. 106–398, §1 [div. C, title XXXIII, §3302], Oct. 30, 2000, 114 Stat. 1654, 1654A-483; Pub. L. 107–107, div. C, title XXXIII, §3304(a), Dec. 28, 2001, 115 Stat. 1390; Pub. L. 108–375, div. C, title XXXIII, §3302, Oct. 28, 2004, 118 Stat. 2193; Pub. L. 109–163, div. C, title XXXIII, §3302(a), Jan. 6, 2006, 119 Stat. 3545; Pub. L. 109–364, div. C, title XXXIII, §3302(a), Oct. 17, 2006, 120 Stat. 2513; Pub. L. 110–181, div. A, title XIV, §1412(b), Jan. 28, 2008, 122 Stat. 418; Pub. L. 110–417, [div. A], title XIV, §1412(a), Oct. 14, 2008, 122 Stat. 4648.

Pub. L. 105–85, div. A, title XXXIII, §§3301, 3303–3305, Nov. 18, 1997, 111 Stat. 2056, 2057; Pub. L. 106–65, div. C, title XXXIV, §§3402(f)(2), 3403(b), Oct. 5, 1999, 113 Stat. 973; Pub. L. 107–107, div. C, title XXXIII, §§3304(b), 3305, Dec. 28, 2001, 115 Stat. 1390; Pub. L. 109–364, div. C, title XXXIII, §3302(b), Oct. 17, 2006, 120 Stat. 2513; Pub. L. 110–417, [div. A], title XIV, §1412(b), Oct. 14, 2008, 122 Stat. 4648; Pub. L. 111–84, div. A, title XIV, §1412, Oct. 28, 2009, 123 Stat. 2562.

Pub. L. 104–201, div. C, title XXXIII, §§3301, 3303, Sept. 23, 1996, 110 Stat. 2854, 2855; Pub. L. 106–65, div. C, title XXXIV, §§3402(f)(1), 3403(c), Oct. 5, 1999, 113 Stat. 973, 974; Pub. L. 107–107, div. C, title XXXIII, §3304(c), Dec. 28, 2001, 115 Stat. 1390; Pub. L. 109–364, div. C, title XXXIII, §3302(c), Oct. 17, 2006, 120 Stat. 2513.

Pub. L. 103–337, div. C, title XXXIII, §3304, Oct. 5, 1994, 108 Stat. 3098.

Pub. L. 103–160, div. C, title XXXIII, §§3301, 3303(a), Nov. 30, 1993, 107 Stat. 1960, 1961.

Pub. L. 102–484, div. C, title XXXIII, §§3301–3303, Oct. 23, 1992, 106 Stat. 2649–2651; Pub. L. 103–160, div. C, title XXXIII, §3303(b), Nov. 30, 1993, 107 Stat. 1961; Pub. L. 103–337, div. A, title X, §1070(c)(3), div. C, title XXXIII, §3303, Oct. 5, 1994, 108 Stat. 2858, 3098.

Pub. L. 102–190, div. C, title XXXIII, §3301, Dec. 5, 1991, 105 Stat. 1583; Pub. L. 102–484, div. C, title XXXIII, §3308, Oct. 23, 1992, 106 Stat. 2653.

Pub. L. 102–172, title VIII, §8094, Nov. 26, 1991, 105 Stat. 1196.

Pub. L. 101–189, div. C, title XXXIII, §§3301, 3302, Nov. 29, 1989, 103 Stat. 1685.

Pub. L. 100–456, div. A, title XV, §1501, Sept. 29, 1988, 102 Stat. 2085.

Pub. L. 99–661, div. C, title II, §§3204, 3205, Nov. 14, 1986, 100 Stat. 4068.

Pub. L. 99–591, §101(c) [title IX, §9110], (m) [title V, §519], Oct. 30, 1986, 100 Stat. 3341–82, 3341-120, 3341-308, 3341-326.

Pub. L. 99–500, §101(c) [title IX, §9110], (m) [title V, §519], Oct. 18, 1986, 100 Stat. 1783–82, 1783-120, 1783-308, 1783-326.

Pub. L. 98–525, title IX, §§901, 902, Oct. 19, 1984, 98 Stat. 2573.

Pub. L. 97–377, title I, §101(c) [title VII, §799B], Dec. 21, 1982, 96 Stat. 1866.

Pub. L. 97–114, title VII, §788, Dec. 29, 1981, 95 Stat. 1592.

Pub. L. 97–35, title II, §201, Aug. 13, 1981, 95 Stat. 380.

Authorization of Appropriations

Pub. L. 97–35, title II, §202, Aug. 13, 1981, 95 Stat. 381, provided that:

"(a) Effective on October 1, 1981, there is authorized to be appropriated the sum of $535,000,000 for the acquisition of strategic and critical materials under section 6(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98e(a)).

"(b) Any acquisition using funds appropriated under the authorization of subsection (a) shall be carried out in accordance with the provisions of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.)."

Disposal of Government-Owned Tin Smelter at Texas City, Texas

Act June 22, 1956, ch. 426, 70 Stat. 329, directed Federal Facilities Corporation immediately to sell or lease Government-owned tin smelter at Texas City, Texas, and waste acid plant and other assets of Government's tin program, prescribed corporate powers of Corporation in regard to sale or lease, established a Tin Advisory Committee to consult with Corporation, established periods for receipt and negotiation of purchase proposals, and provided that if no contract for sale or lease was effected prior to Jan. 31, 1957, then smelter and other assets be reported as excess property for transfer and disposal in accordance with provisions of Federal Property and Administrative Services Act of 1949.

Maintenance of Domestic Tin-Smelting Industry; Transfer of Functions, Etc.

Act June 28, 1947, ch. 159, 61 Stat. 190, as amended June 29, 1948, ch. 722, 62 Stat. 1101; June 30, 1949, ch. 284, 63 Stat. 350; Aug. 21, 1950, ch. 766, 64 Stat. 468; July 30, 1953, ch. 282, title I, §103, 67 Stat. 230; June 22, 1956, ch. 426, §5(a), 70 Stat. 329, declared tin to be a highly strategic and critical material in short supply, directed that it was in the public interest that Congress make a thorough investigation on the advisability of the maintenance of a permanent tin-smelting industry and study the availability of adequate tin supplies, provided that the powers, functions, duties, and authority of the United States exercised by the Reconstruction Finance Corporation to buy, sell, and transport tin, and tin ore and concentrates, to improve, develop, maintain, and operate by lease or otherwise the Government-owned tin smelter at Texas City, Texas, to finance research in tin smelting and processing, and to do all other things necessary to the accomplishment of the foregoing continue in effect until Jan. 31, 1957, or until such earlier time as the Congress shall otherwise provide, and be exercised and performed by such officer, agency, or instrumentality of the United States as the President may designate, authorized diversification of tin-recovery facilities in the United States, and required the Reconstruction Finance Corporation to report to Congress on its activities not later than Dec. 31, 1947, and at the end of each six months thereafter.

Disposal of Government-Owned Tin Smelter at Texas City, Texas; Cancellation of Obligations

Cancellation of obligation of General Services Administration to Federal Facilities Corporation existing by virtue of section 5(b) of act June 22, 1956, set out as a note above, see section 4(b) of Pub. L. 87–190, Aug. 30, 1961, 75 Stat. 418, formerly set out as a note under sections 1921 to 1929 of the former Appendix to this title.

Executive Documents

Delegation of Functions

Functions of President under this section delegated to Secretary of Defense by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53 F.R. 6114, set out under section 98 of this title.

Federal Facilities Corporation; Abolition and Dissolution of Reconstruction Finance Corporation and Federal Facilities Corporation

Ex. Ord. No. 10539, eff. June 22, 1954, 19 F.R. 3827, designated the Federal Facilities Corporation to perform and exercise the functions formerly performed and exercised by the Reconstruction Finance Corporation under act June 28, 1947, set out as a note above. The Reconstruction Finance Corporation, which was created by the Reconstruction Finance Corporation Act, act Jan. 22, 1932, ch. 8, 47 Stat. 5, was subsequently abolished by section 6(a) of Reorg. Plan No. 1 of 1957, eff. June 30, 1957, 22 F.R. 4633, 71 Stat. 647, set out in the Appendix to Title 5, Government Organization and Employees. The Federal Facilities Corporation was, in turn, dissolved by Pub. L. 87–190, §6, Aug. 30, 1961, 75 Stat. 419, effective Sept. 30, 1961, formerly set out as a note under sections 1921 to 1929 of the former Appendix to this title.

¹ So in original. Probably should be "subsection".

² See References in Text note below.

§98e. Stockpile management

(a) Presidential powers

The President shall—

(1) acquire the materials determined under section 98b(a) of this title to be strategic and critical materials;

(2) provide for the proper storage, security, and maintenance of materials in the stockpile;

(3) provide for the upgrading, refining, or processing of any material in the stockpile (notwithstanding any intermediate stockpile quantity established for such material) when necessary to convert such material into a form more suitable for storage, subsequent disposition, and immediate use in a national emergency;

(4) provide for the rotation of any material in the stockpile when necessary to prevent deterioration or technological obsolescence of such material by replacement of such material with an equivalent quantity of substantially the same material or better material;

(5) provide for the appropriate recovery of any strategic and critical materials under section 98b(a) of this title that may be available from other Federal agencies, either directly as materials or embedded in excess-to-need, end-of-life items, or waste streams;

(6) subject to the notification required by subsection (d)(2), provide for the timely disposal of materials in the stockpile that (A) are excess to stockpile requirements, and (B) may cause a loss to the Government if allowed to deteriorate; and

(7) subject to the provisions of section 98d(b) of this title, dispose of materials in the stockpile the disposal of which is specifically authorized by law.

(b) Federal procurement practices

Except as provided in subsections (c) and (d), acquisition of strategic and critical materials under this subchapter shall be made in accordance with established Federal procurement practices, and, except as provided in subsections (c) and (d) and in section 98f(a) of this title, disposal of strategic and critical materials from the stockpile shall be made in accordance with the next sentence. To the maximum extent feasible—

(1) competitive procedures shall be used in the acquisition and disposal of such materials; and

(2) efforts shall be made in the acquisition and disposal of such materials to consult with producers and processors of such materials to avoid undue disruption of the usual markets of producers, processors, and consumers of such materials and to protect the United States against avoidable loss.

(c) Barter; use of stockpile materials as payment for expenses of acquiring, refining, processing, or rotating materials

(1) The President shall encourage the use of barter in the acquisition under subsection (a)(1) of strategic and critical materials for, and the disposal under subsection (a)(6) or (a)(7) of materials from, the stockpile when acquisition or disposal by barter is authorized by law and is practical and in the best interest of the United States.

(2) Materials in the stockpile (the disposition of which is authorized by paragraph (3) to finance the upgrading, refining, or processing of a material in the stockpile, or is otherwise authorized by law) shall be available for transfer at fair market value as payment for expenses (including transportation and other incidental expenses) of acquisition of materials, or of upgrading, refining, processing, or rotating materials, under this subchapter.

(3) Notwithstanding section 98b(c) of this title or any other provision of law, whenever the President provides under subsection (a)(3) for the upgrading, refining, or processing of a material in the stockpile to convert that material into a form more suitable for storage, subsequent disposition, and immediate use in a national emergency, the President may barter a portion of the same material (or any other material in the stockpile that is authorized for disposal) to finance that upgrading, refining, or processing.

(4) To the extent otherwise authorized by law, property owned by the United States may be bartered for materials needed for the stockpile.

(d) Waiver; notification of proposed disposal of materials

(1) The President may waive the applicability of any provision of the first sentence of subsection (b) to any acquisition of material for, or disposal of material from, the stockpile. Whenever the President waives any such provision with respect to any such acquisition or disposal, or whenever the President determines that the application of paragraph (1) or (2) of such subsection to a particular acquisition or disposal is not feasible, the President shall notify the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives in writing of the proposed acquisition or disposal at least 45 days before any obligation of the United States is incurred in connection with such acquisition or disposal and shall include in such notification the reasons for not complying with any provision of such subsection.

(2) Materials in the stockpile may be disposed of under subsection (a)(6) only if such congressional committees are notified in writing of the proposed disposal at least 45 days before any obligation of the United States is incurred in connection with such disposal.

(e) Leasehold interests in property

The President may acquire leasehold interests in property, for periods not in excess of twenty years, for storage, security, and maintenance of materials in the stockpile.

(f) Loan of stockpile materials

The President may loan stockpile materials to the Department of Energy or the military departments if the President—

(1) has a reasonable assurance that stockpile materials of a similar or superior quantity and quality to the materials loaned will be returned to the stockpile or paid for;

(2) notifies the congressional defense committees (as defined in section 101(a) of title 10), in writing, not less than 30 days before making any such loan; and

(3) includes in the written notification under paragraph (2) sufficient support for the assurance described in paragraph (1).

(g) Pilot program to use commercial best practices in acquiring and disposing of strategic and critical materials

(1) The National Defense Stockpile Manager shall establish a pilot program to use, to the maximum extent practicable, commercial best practices in the acquisition and disposal of strategic and critical materials for the stockpile.

(2)(A) The Stockpile Manager shall brief the congressional defense committees (as defined in section 101(a) of title 10)—

(i) as soon as practicable after the establishment of the pilot program under paragraph (1); and

(ii) annually thereafter until the termination of the pilot program under paragraph (3).

(B) The briefing required by subparagraph (A)(i) shall address—

(i) the commercial best practices selected for use under the pilot program;

(ii) how the Stockpile Manager determined which commercial best practices to select; and

(iii) the plan of the Stockpile Manager for using such practices.

(C) Each briefing required by subparagraph (A)(ii) shall provide a summary of—

(i) how the Stockpile Manager has used commercial best practices under the pilot program during the year preceding the briefing;

(ii) how many times the Stockpile Manager has used such practices;

(iii) the outcome of each use of such practices; and

(iv) any savings achieved or lessons learned as a result of the use of such practices.

(3) The pilot program established under paragraph (1) shall terminate effective on the date that is 5 years after December 22, 2023.

(h) Ensuring programs achieve positive cash flow

Except to the extent necessary for the national defense, the National Defense Stockpile Manager shall ensure that each program for the recovery of strategic and critical materials implemented under subsection (a)(5) operates in a manner designed to achieve positive cash flow.

(June 7, 1939, ch. 190, §6, as added Pub. L. 96–41, §2(a), July 30, 1979, 93 Stat. 321; amended Pub. L. 97–35, title II, §203(c), Aug. 13, 1981, 95 Stat. 382; Pub. L. 99–661, div. C, title II, §3207(b), Nov. 14, 1986, 100 Stat. 4069; Pub. L. 101–189, div. C, title XXXIII, §3314, Nov. 29, 1989, 103 Stat. 1688; Pub. L. 101–510, div. C, title XXXIII, §3301(a), (b), Nov. 5, 1990, 104 Stat. 1844; Pub. L. 102–190, div. C, title XXXIII, §3312, Dec. 5, 1991, 105 Stat. 1584; Pub. L. 103–337, div. C, title XXXIII, §3302, Oct. 5, 1994, 108 Stat. 3098; Pub. L. 104–106, div. A, title XV, §1502(e)(1), Feb. 10, 1996, 110 Stat. 509; Pub. L. 104–201, div. C, title XXXIII, §3312(b), (c), Sept. 23, 1996, 110 Stat. 2857; Pub. L. 105–85, div. C, title XXXIII, §3306, Nov. 18, 1997, 111 Stat. 2058; Pub. L. 106–65, div. A, title X, §1067(13), Oct. 5, 1999, 113 Stat. 775; Pub. L. 113–66, div. A, title XIV, §1411(a), Dec. 26, 2013, 127 Stat. 934; Pub. L. 117–81, div. A, title XIV, §§1411(1), 1412, Dec. 27, 2021, 135 Stat. 2018; Pub. L. 118–31, div. A, title XIV, §1411(b), Dec. 22, 2023, 137 Stat. 523.)

Editorial Notes

Prior Provisions

A prior section 98e, acts June 7, 1939, ch. 190, §6, 53 Stat. 812; May 28, 1941, ch. 135, 55 Stat. 206; July 23, 1946, ch. 590, 60 Stat. 598; Ex. Ord. No. 9809, eff. Dec. 12, 1946, 11 F.R. 14281; Ex. Ord. No. 9841, eff. Apr. 23, 1947, 12 F.R. 2645; June 30, 1949, ch. 288, title I, §105, 63 Stat. 381; 1953 Reorg. Plan No. 3, §2(b), eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634; 1958 Reorg. Plan No. 1, §2, eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799; Oct. 21, 1968, Pub. L. 90–608, §402, 82 Stat. 1194; Ex. Ord. No. 11725, §3, eff. June 29, 1973, 38 F.R. 17175, related to transfer of surplus materials to stock piles, prior to repeal by section 2(a) of Pub. L. 96–41. See section 98c(b) of this title.

Provisions similar to those in this section were contained in former section 98b of this title prior to repeal by Pub. L. 96–41.

Amendments

2023—Subsec. (a)(5). Pub. L. 118–31, §1411(b)(1), substituted "from other Federal agencies, either directly as materials or embedded in excess-to-need, end-of-life items, or waste streams;" for "from excess materials made available for recovery purposes by other Federal agencies;".

Subsec. (c)(1). Pub. L. 118–31, §1411(b)(2), substituted "subsection (a)(6) or (a)(7)" for "subsection (a)(5) or (a)(6)".

Subsec. (d)(2). Pub. L. 118–31, §1411(b)(3), substituted "subsection (a)(6)" for "subsection (a)(5)".

Subsecs. (g), (h). Pub. L. 118–31, §1411(b)(4), added subsecs. (g) and (h).

2021—Subsec. (b)(2). Pub. L. 117–81, §1411(1), inserted "to consult with producers and processors of such materials" before "to avoid".

Subsec. (f). Pub. L. 117–81, §1412, added subsec. (f).

2013—Subsec. (a)(5) to (7). Pub. L. 113–66 added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively.

1999—Subsec. (d)(1). Pub. L. 106–65 substituted "and the Committee on Armed Services" for "and the Committee on National Security".

1997—Subsec. (b). Pub. L. 105–85, in first sentence, substituted "strategic and critical materials from the stockpile shall be made in accordance with the next sentence" for "materials from the stockpile shall be made by formal advertising or competitive negotiation procedures".

1996—Subsec. (d)(1). Pub. L. 104–201, §3312(b), substituted "45 days" for "thirty days".

Pub. L. 104–106, §1502(e)(1)(A), substituted "Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives" for "Committees on Armed Services of the Senate and House of Representatives".

Subsec. (d)(2). Pub. L. 104–201, §3312(c), substituted "45 days" for "thirty days".

Pub. L. 104–106, §1502(e)(1)(B), substituted "such congressional committees" for "the Committees on Armed Services of the Senate and House of Representatives".

1994—Subsec. (a)(4). Pub. L. 103–337 inserted "or technological obsolescence" after "deterioration".

1991—Subsec. (a)(4). Pub. L. 102–190 inserted before semicolon "or better material".

1990—Subsec. (a)(3). Pub. L. 101–510, §3301(b)(1), substituted "upgrading, refining," for "refining", inserted "(notwithstanding any intermediate stockpile quantity established for such material)" after "stockpile", and substituted "storage, subsequent disposition, and immediate use in a national emergency" for "storage and subsequent disposition".

Subsec. (c)(1). Pub. L. 101–510, §3301(b)(2), inserted "under subsection (a)(1)" after "the acquisition" and "under subsection (a)(5) or (a)(6)" after "the disposal".

Subsec. (c)(2). Pub. L. 101–510, §3301(b)(3), substituted "(the disposition of which is authorized by paragraph (3) to finance the upgrading, refining, or processing of a material in the stockpile, or is otherwise authorized by law)" for ", the disposition of which is authorized by law," and "of upgrading, refining" for "of refining".

Subsec. (c)(3), (4). Pub. L. 101–510, §3301(a), added par. (3) and redesignated former par. (3) as (4).

1989—Subsec. (b). Pub. L. 101–189, §3314(1), inserted "and" at end of par. (1), substituted a period for "; and" at end of par. (2), and struck out par. (3) which read as follows: "disposal of such materials shall be made for domestic consumption."

Subsec. (d)(1). Pub. L. 101–189, §3314(2), substituted "paragraph (1) or (2)" for "paragraph (1), (2), or (3)".

1986—Subsec. (a)(3). Pub. L. 99–661 substituted "a form more" for "the form most".

1981—Subsec. (a)(6). Pub. L. 97–35 inserted reference to section 98d(b) of this title.

Statutory Notes and Related Subsidiaries

Acquisition of Depleted Uranium for National Defense Stockpile

Pub. L. 101–511, title VIII, §8095, Nov. 5, 1990, 104 Stat. 1896, directed President, using funds available in National Defense Stockpile Transaction Fund, to acquire over a period of ten years from current domestic sources not less than thirty-six million pounds of depleted uranium to be held in National Defense Stockpile, prior to repeal by Pub. L. 102–172, title VIII, §8027A, Nov. 26, 1991, 105 Stat. 1177.

Executive Documents

Delegation of Functions

Functions of President under this section delegated to Secretary of Defense by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53 F.R. 6114, set out under section 98 of this title.

§98e–1. Transferred

Editorial Notes

Codification

Section, act June 7, 1939, ch. 190, §6A, as added Nov. 14, 1986, Pub. L. 99–661, div. C, title II, §3202(a), 100 Stat. 4067; amended Dec. 4, 1987, Pub. L. 100–180, div. C, title II, §3203(a), 101 Stat. 1246, which related to National Defense Stockpile Manager, was transferred to section 98h–7 of this title.

§98e–2. Multiyear procurement authority for domestically processed critical minerals

(a) Authority for multiyear procurement

Subject to section 3501 of title 10 and from amounts made available by discretionary appropriations Acts from the National Defense Stockpile Transaction Fund (as established under section 9(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h(a))) after December 22, 2023, the Secretary of Defense may enter into one or more multiyear contracts for the procurement of critical minerals that are processed in the United States by domestic sources.

(b) Application of Strategic and Critical Materials Stock Piling Act

A multiyear contract entered into under this section shall be deemed to be an acquisition under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.).

(c) Authority for advance procurement

The Secretary of Defense may enter into one or more contracts, beginning in fiscal year 2024, for advance procurement associated with the domestically processed critical minerals for which authorization to enter into a multiyear procurement contract is provided under subsection (a).

(d) Condition for out-year contract payments

A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2024 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.

(e) Definitions

In this section:

(1) The term "critical mineral" means a mineral determined to be a strategic and critical material under section 3(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(a)).

(2) The term "processed" means the processing or recycling of a critical mineral or magnet, including the separation, reduction, metallization, alloying, milling, pressing, strip casting, and sintering of a critical mineral.

(3) The term "domestic source" has the meaning given that term in section 4552 of this title.

(Pub. L. 118–31, div. A, title I, §152, Dec. 22, 2023, 137 Stat. 180.)

Editorial Notes

References in Text

The Strategic and Critical Materials Stock Piling Act, referred to in subsec. (b), is act June 7, 1939, ch. 190, as added Pub. L. 96–41, §2(a), July 30, 1979, 93 Stat. 319, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Tables.

Codification

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2024, and not as part of the Strategic and Critical Materials Stock Piling Act which comprises this subchapter.

§98f. Special Presidential disposal authority

(a) Materials in the stockpile may be released for use, sale, or other disposition—

(1) on the order of the President, at any time the President determines the release of such materials is required for purposes of the national defense;

(2) in time of war declared by the Congress or during a national emergency, on the order of any officer or employee of the United States designated by the President to have authority to issue disposal orders under this subsection, if such officer or employee determines that the release of such materials is required for purposes of the national defense; and

(3) on the order of the Under Secretary of Defense for Acquisition and Sustainment, if the President has designated the Under Secretary to have authority to issue release orders under this subsection and, in the case of any such order, if the Under Secretary determines that the release of such materials is required for use, manufacture, or production for purposes of national defense.

(b) Any order issued under subsection (a) shall be promptly reported by the President, or by the officer or employee issuing such order, in writing, to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.

(June 7, 1939, ch. 190, §7, as added Pub. L. 96–41, §2(a), July 30, 1979, 93 Stat. 322; amended Pub. L. 104–106, div. A, title XV, §1502(e)(2), Feb. 10, 1996, 110 Stat. 509; Pub. L. 106–65, div. A, title X, §1067(13), Oct. 5, 1999, 113 Stat. 775; Pub. L. 112–239, div. A, title XIV, §1413(a), Jan. 2, 2013, 126 Stat. 2048; Pub. L. 116–92, div. A, title IX, §902(90), Dec. 20, 2019, 133 Stat. 1554.)

Editorial Notes

Prior Provisions

A prior section 98f, acts June 7, 1939, ch. 190, §7, 53 Stat. 812; July 23, 1946, ch. 590, 60 Stat. 599, related to investigations of domestic ores, minerals, and agriculture resources for purposes of development, etc., prior to repeal by section 2(a) of Pub. L. 96–41.

Provisions similar to those in this section were contained in former section 98d of this title prior to repeal by Pub. L. 96–41.

Amendments

2019—Subsec. (a)(3). Pub. L. 116–92 substituted "Under Secretary of Defense for Acquisition and Sustainment" for "Under Secretary of Defense for Acquisition, Technology, and Logistics".

2013—Subsec. (a)(3). Pub. L. 112–239 added par. (3).

1999—Subsec. (b). Pub. L. 106–65 substituted "and the Committee on Armed Services" for "and the Committee on National Security".

1996—Subsec. (b). Pub. L. 104–106 substituted "Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives" for "Committees on Armed Services of the Senate and House of Representatives".

§98g. Materials development and research

(a) Development, mining, preparation, treatment, and utilization of ores and other mineral substances

(1) The President shall make scientific, technologic, and economic investigations concerning the development, mining, preparation, treatment, and utilization of ores and other mineral substances that (A) are found in the United States, its territories or possessions, or in a reliable source ¹ (B) are essential to the national defense, industrial, and essential civilian needs of the United States, and (C) are found in known domestic sources in inadequate quantities or grades.

(2) Such investigations shall be carried out in order to develop new sources of strategic and critical materials, develop substitutes, or conserve domestic sources and reliable sources of supply for such strategic and critical materials.

(3) Investigations under paragraph (1) may be carried out on public lands and, with the consent of the owner, on privately owned lands for the purpose of exploring and determining the extent and quality of deposits of such minerals, the most suitable methods of mining and beneficiating such minerals, and the cost at which the minerals or metals may be produced.

(b) Development of sources of supplies of agricultural materials; use of agricultural commodities for manufacture of materials

The President shall make scientific, technologic, and economic investigations of the feasibility of developing domestic sources of supplies of any agricultural material or for using agricultural commodities for the manufacture of any material determined pursuant to section 98b(a) of this title to be a strategic and critical material or substitutes therefor.

(c) Development of sources of supply of other materials; development or use of alternative methods for refining or processing materials in stockpile

The President shall make scientific, technologic, and economic investigations concerning the feasibility of—

(1) developing domestic sources of supply of materials (other than materials referred to in subsections (a) and (b)) determined pursuant to section 98b(a) of this title to be strategic and critical materials; and

(2) developing or using alternative methods for the refining or processing of a material in the stockpile so as to convert such material into a form more suitable for use during an emergency or for storage.

(d) Grants and contracts to encourage conservation of strategic and critical materials

The President shall encourage the conservation of domestic sources of any material determined pursuant to section 98b(a) of this title to be a strategic and critical material by making grants or awarding contracts for research regarding the development of—

(1) substitutes for such material; or

(2) more efficient methods of production or use of such material.

(June 7, 1939, ch. 190, §8, as added Pub. L. 96–41, §2(a), July 30, 1979, 93 Stat. 322; amended Pub. L. 101–189, div. C, title XXXIII, §3311, Nov. 29, 1989, 103 Stat. 1686; Pub. L. 118–31, div. A, title XIV, §1411(e)(2)(B), Dec. 22, 2023, 137 Stat. 527.)

Editorial Notes

Prior Provisions

A prior section 98g, act June 7, 1939, ch. 190, §8, as added July 23, 1946, ch. 590, 60 Stat. 600; amended 1953 Reorg. Plan No. 3, §2(b), eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634; 1958 Reorg. Plan No. 1, §2, eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799; Oct. 21, 1968, Pub. L. 90–608, §402, 82 Stat. 1194; Ex. Ord. No. 11725, §3, eff. June 29, 1973, 38 F.R. 17175, authorized appropriations for procurement, transportation, maintenance, rotation, storage, and refining or processing of materials acquired under this subchapter, prior to repeal by section 2(a) of Pub. L. 96–41. See section 98d(c) of this title.

Provisions similar to those in this section were contained in former section 98f of this title prior to repeal by Pub. L. 96–41.

Amendments

2023—Subsec. (a)(1). Pub. L. 118–31, §1411(e)(2)(B)(i), substituted "its territories or possessions, or in a reliable source" for "or in its territories or possessions,".

Subsec. (a)(2). Pub. L. 118–31, §1411(e)(2)(B)(ii), substituted "in order to develop new sources of strategic and critical materials, develop substitutes, or conserve domestic sources and reliable sources of supply for such strategic and critical materials." for "in order to—

"(A) determine and develop new domestic sources of supply of such ores and mineral substances;

"(B) devise new methods for the treatment and utilization of lower grade reserves of such ores and mineral substances; and

"(C) develop substitutes for such essential ores and mineral products."

1989—Subsecs. (c), (d). Pub. L. 101–189 added subsecs. (c) and (d).

Executive Documents

Delegation of Functions

Functions of President under subsec. (a) of this section delegated to Secretary of the Interior and functions of President under subsec. (b) of this section delegated to Secretary of Agriculture by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53 F.R. 6114, set out under section 98 of this title.

¹ So in original. Probably should be followed by a comma.

§98h. National Defense Stockpile Transaction Fund

(a) Establishment

There is established in the Treasury of the United States a separate fund to be known as the National Defense Stockpile Transaction Fund (hereinafter in this section referred to as the "fund").

(b) Fund operations

(1) All moneys received from the sale of materials in the stockpile under paragraphs (5) and (6) of section 98e(a) of this title ¹ shall be covered into the fund.

(2) Subject to section 98d(a)(1) of this title, moneys covered into the fund under paragraph (1) are hereby made available (subject to such limitations as may be provided in appropriation Acts) for the following purposes:

(A) The acquisition, maintenance, and disposal of strategic and critical materials under section 98e(a) of this title.

(B) Transportation, storage, and other incidental expenses related to such acquisition, maintenance, and disposal.

(C) Development of current specifications of stockpile materials and the upgrading of existing stockpile materials to meet current specifications (including transportation, when economical, related to such upgrading).

(D) Encouraging the appropriate conservation of strategic and critical materials.

(E) Testing and quality studies of stockpile materials.

(F) Studying future material and mobilization requirements for the stockpile.

(G) Activities authorized under section 98h–6 of this title.

(H) Contracting under competitive procedures for materials development and research to—

(i) improve the quality and availability of materials stockpiled from time to time in the stockpile; and

(ii) develop new materials for the stockpile.

(I) Improvement or rehabilitation of facilities, structures, and infrastructure needed to maintain the integrity of stockpile materials.

(J) Disposal of hazardous materials that are stored in the stockpile and authorized for disposal by law.

(K) Performance of environmental remediation, restoration, waste management, or compliance activities at locations of the stockpile that are required under a Federal law or are undertaken by the Government under an administrative decision or negotiated agreement.

(L) Pay of employees of the National Defense Stockpile program.

(M) Other expenses of the National Defense Stockpile program.

(3) Moneys in the fund shall remain available until expended.

(c) Moneys received from sale of materials being rotated or disposed of

All moneys received from the sale of materials being rotated under the provisions of section 98e(a)(4) of this title or disposed of under section 98f(a) of this title shall be covered into the fund and shall be available only for the acquisition of replacement materials.

(d) Effect of bartering

If, during a fiscal year, the National Defense Stockpile Manager barters materials in the stockpile for the purpose of acquiring, upgrading, refining, or processing other materials (or for services directly related to that purpose), the contract value of the materials so bartered shall—

(1) be applied toward the total value of materials that are authorized to be disposed of from the stockpile during that fiscal year;

(2) be treated as an acquisition for purposes of satisfying any requirement imposed on the National Defense Stockpile Manager to enter into obligations during that fiscal year under subsection (b)(2); and

(3) not increase or decrease the balance in the fund.

(June 7, 1939, ch. 190, §9, as added Pub. L. 96–41, §2(a), July 30, 1979, 93 Stat. 323; amended Pub. L. 97–35, title II, §203(d), Aug. 13, 1981, 95 Stat. 382; Pub. L. 99–661, div. C, title II, §3203(a), Nov. 14, 1986, 100 Stat. 4067; Pub. L. 100–180, div. C, title II, §3204, Dec. 4, 1987, 101 Stat. 1247; Pub. L. 101–189, div. C, title XXXIII, §3312(b), Nov. 29, 1989, 103 Stat. 1688; Pub. L. 101–510, div. C, title XXXIII, §3301(c), Nov. 5, 1990, 104 Stat. 1845; Pub. L. 102–190, div. C, title XXXIII, §3311(a), Dec. 5, 1991, 105 Stat. 1584; Pub. L. 102–484, div. C, title XXXIII, §3313, Oct. 23, 1992, 106 Stat. 2653; Pub. L. 103–160, div. C, title XXXIII, §3313, Nov. 30, 1993, 107 Stat. 1962; Pub. L. 105–261, div. C, title XXXIII, §3304, Oct. 17, 1998, 112 Stat. 2264; Pub. L. 113–66, div. A, title XIV, §1411(b), Dec. 26, 2013, 127 Stat. 934.)

Editorial Notes

References in Text

Paragraphs (5) and (6) of section 98e(a) of this title, referred to in subsec. (b)(1), were redesignated as paragraphs (6) and (7) of section 98e(a) of this title by Pub. L. 113–66, div. A, title XIV, §1411(a), Dec. 26, 2013, 127 Stat. 934.

Prior Provisions

A prior section 98h, act June 7, 1939, ch. 190, §9, as added July 23, 1946, ch. 590, 60 Stat. 600, related to disposition of receipts, prior to repeal by section 2(a) of Pub. L. 96–41. See section 98h(b)(1) of this title.

Amendments

2013—Subsec. (b)(2)(D) to (M). Pub. L. 113–66 added subpar. (D) and redesignated former subpars. (D) to (L) as (E) to (M), respectively.

1998—Subsec. (b)(2)(J) to (L). Pub. L. 105–261 added subpar. (J) and redesignated former subpars. (J) and (K) as (K) and (L), respectively.

1993—Subsec. (b)(2)(J), (K). Pub. L. 103–160, §3313(a), added subpars. (J) and (K).

Subsec. (b)(4). Pub. L. 103–160, §3313(b), struck out par. (4) which read as follows: "Notwithstanding paragraph (2), moneys in the fund may not be used to pay salaries and expenses of stockpile employees."

1992—Subsec. (b)(2)(A). Pub. L. 102–484, §3313(a)(1), inserted ", maintenance, and disposal" after "acquisition" and substituted "section 98e(a)" for "section 98e(a)(1)".

Subsec. (b)(2)(B). Pub. L. 102–484, §3313(a)(2), substituted "such acquisition, maintenance, and disposal" for "such acquisition".

Subsec. (b)(2)(H), (I). Pub. L. 102–484, §3313(b), added subpars. (H) and (I).

Subsec. (b)(4). Pub. L. 102–484, §3313(c), added par. (4).

1991—Subsec. (b)(2)(G). Pub. L. 102–190 added subpar. (G).

1990—Subsec. (d). Pub. L. 101–510 added subsec. (d).

1989—Subsec. (b)(2)(F). Pub. L. 101–189 added subpar. (F).

1987—Subsec. (b)(2)(F). Pub. L. 100–180 struck out subpar. (F) which related to other reasonable requirements for management of stockpile.

1986—Subsec. (b)(1). Pub. L. 99–661, §3203(a)(1), struck out "Such moneys shall remain in the fund until appropriated." after "covered into the fund."

Subsec. (b)(2), (3). Pub. L. 99–661, §3203(a)(2), added pars. (2) and (3) and struck out former pars. (2) and (3) which read as follows:

"(2) Moneys covered into the fund under paragraph (1) shall be available, when appropriated therefor, only for the acquisition of strategic and critical materials under section 98e(a)(1) of this title (and for transportation related to such acquisition).

"(3) Moneys in the fund, when appropriated, shall remain available until expended, unless otherwise provided in appropriation Acts."

1981—Subsec. (b). Pub. L. 97–35 in par. (1) struck out provisions relating to moneys remaining in the fund at the end of the third fiscal year following the fiscal year in which received, and in par. (3) substituted provisions respecting funds remaining available until expended, for provisions relating to funds remaining available for a period of five fiscal years.

Statutory Notes and Related Subsidiaries

Use of Funds From National Defense Stockpile Transaction Fund To Meet National Defense Stockpile Goals and Specifications in Effect on October 1, 1984

Pub. L. 100–440, title V, §518, Sept. 22, 1988, 102 Stat. 1748, directed that, no later than Oct. 1, 1989, Administrator of General Services, or any Federal officer assuming Administrator's responsibilities with respect to management of the stockpile, to use all funds authorized and appropriated before Jan. 1, 1985, from National Defense Stockpile Transaction Fund to evaluate, test, relocate, upgrade or purchase stockpile materials to meet National Defense Stockpile goals and specifications in effect on Oct. 1, 1984. Similar provisions were contained in the following prior appropriation acts:

Pub. L. 100–202, §101(m) [title V, §519], Dec. 22, 1987, 101 Stat. 1329–390, 1329-417.

Pub. L. 99–500, §101(m) [title V, §520], Oct. 18, 1986, 100 Stat. 1783–308, 1783-326, and Pub. L. 99–591, §101(m) [title V, §520], Oct. 30, 1986, 100 Stat. 3341–308, 3341-326.

Deposit of Funds Accruing From Naval Petroleum Reserves

Pub. L. 98–525, title IX, §905, Oct. 19, 1984, 98 Stat. 2574, as amended by Pub. L. 99–145, title XVI, §1611(a), Nov. 8, 1985, 99 Stat. 776, authorized the deposit into the National Defense Stockpile Transaction Fund, established under this section, of 30 percent of all money accruing to the United States during fiscal years 1985 and 1986 from lands in the naval petroleum and oil shale reserves.

¹ See References in Text note below.

§98h–1. Strategic and Critical Materials Board of Directors

(a) Establishment

There is established a Strategic and Critical Materials Board of Directors (in this subchapter referred to as the "Board").

(b) Members

The Board shall be composed, at a minimum, of the following:

(1) The Assistant Secretary of Defense for Industrial Base Policy, who shall serve as chairman of the Board.

(2) One designee of each of the Secretary of Commerce, the Secretary of State, the Secretary of Energy, and the Secretary of the Interior.

(3) One designee of each of the Chairman and Ranking Member of the Readiness Subcommittee of the House Committee on Armed Services.

(4) One designee of each of the Chairman and Ranking Member of the Readiness Subcommittee of the Senate Committee on Armed Services.

(5) Four designees of the chairman of the Board, who shall have expertise relating to military affairs, defense procurement, production of strategic and critical materials, finance, or any other disciplines deemed necessary by the chairman to conduct the business of the Board.

(c) Duties of the Board

In addition to other matters assigned to it by the chairman, the Board shall conduct the following, without power of delegation:

(1) Adopt by-laws that ensure sufficient oversight, governance, and effectiveness of the National Defense Stockpile program.

(2) Elect or remove Board members.

(3) Advise the National Defense Stockpile Manager.

(4) Establish performance metrics and conduct an annual performance review of the management and operations of the National Defense Stockpile program.

(5) Review and approve the annual budget of the National Defense Stockpile program and conduct appropriate reviews of annual financial statements.

(6) Re-allocate budget resources within the annual budget of the National Defense Stockpile program.

(7) Review and approve the Annual Materials and Operations Plan required by section 98h–2(a) of this title. The report required by section 98h–2(b)(2) of this title shall include the views and recommendations of the Board on the projected domestic and foreign economic effects of all acquisition of materials for and disposals of materials from the stockpile.

(8) Complete and submit the annual Board Report, in accordance with section 98h–2(b)(2) of this title.

(9) Recommend to the Secretary of Defense—

(A) a strategy to ensure a secure supply of materials designated as critical to national security; and

(B) such other strategies as the Board considers appropriate to strengthen the industrial base with respect to materials critical to national security.

(d) Board meetings

The Board shall meet as determined necessary by the chairman but not less frequently than once every year to fulfill the duties described in subsection (c).

(e) Application of provisions relating to Federal advisory committees

Section 1013(a) of title 5 shall not apply to the Board.

(f) Definitions

In this section:

(1) Materials critical to national security

The term "materials critical to national security" means materials—

(A) upon which the production or sustainment of military equipment is dependent; and

(B) the supply of which could be restricted by actions or events outside the control of the Government of the United States.

(2) Military equipment

The term "military equipment" means equipment used directly by the Armed Forces to carry out military operations.

(3) Secure supply

The term "secure supply", with respect to a material, means the availability of a source or sources for the material, including the full supply chain for the material and components containing the material.

(June 7, 1939, ch. 190, §10, as added Pub. L. 96–41, §2(a), July 30, 1979, 93 Stat. 323; amended Pub. L. 102–484, div. C, title XXXIII, §3314, Oct. 23, 1992, 106 Stat. 2654; Pub. L. 117–263, div. A, title XIV, §1411(b), Dec. 23, 2022, 136 Stat. 2869; Pub. L. 118–31, div. A, title XIV, §1411(c), Dec. 22, 2023, 137 Stat. 524.)

Editorial Notes

Prior Provisions

A prior section 10 of act June 7, 1939, ch. 190, §10, was renumbered section 13 and is classified to section 98h–4 of this title.

Provisions similar to those in this section were contained in section 187 of Title 10, Armed Forces, prior to repeal by Pub. L. 117–263, §1411(a).

Amendments

2023—Subsec. (c)(4). Pub. L. 118–31, §1411(c)(1)(A), substituted "of the management and operations of the National Defense Stockpile program" for "of the National Defense Stockpile Manager".

Subsec. (c)(5), (6). Pub. L. 118–31, §1411(c)(1)(B), redesignated pars. (6) and (7) as (5) and (6), respectively, and struck out former par. (5) which read as follows: "Set compensation for the National Defense Stockpile Manager."

Subsec. (c)(7). Pub. L. 118–31, §1411(c)(1)(B), (C), redesignated par. (8) as (7) and substituted "required by section 98h–2(a) of this title. The report required by section 98h–2(b)(2) of this title shall include the views and recommendations of the Board on" for "required by section 98h–2(a)(2) of this title, including a review of" and "all acquisition of materials for and disposals of materials from the stockpile" for "proposed actions to be taken under the Annual Materials and Operations Plan". Former par. (7) redesignated (6).

Subsec. (c)(8) to (10). Pub. L. 118–31, §1411(c)(1)(B), redesignated pars. (9) and (10) as (8) and (9), respectively.

Subsec. (e). Pub. L. 118–31, §1411(c)(2), amended subsec. (e) generally. Prior to amendment, text read as follows: "Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board."

2022—Pub. L. 117–263 amended section generally. Prior to amendment, section related to appointment of advisory committees and a Market Impact Committee.

1992—Subsec. (c). Pub. L. 102–484 added subsec. (c).

Statutory Notes and Related Subsidiaries

Advisory Committee Regarding Operation and Modernization of Stockpile

Pub. L. 102–484, div. C, title XXXIII, §3306, Oct. 23, 1992, 106 Stat. 2652, required the President to appoint, no later than Mar. 15, 1993, an advisory committee to make recommendations concerning the operation and modernization of the National Defense Stockpile.

§98h–2. Reports

(a) Reports to the Board

The National Defense Stockpile Manager shall submit to the Board an Annual Materials and Operations Plan for the forthcoming year.

(b) Reports to Congress

(1) Report by National Defense Stockpile Manager

Not later than February 15 of each fiscal year, the National Defense Stockpile Manager shall submit to the congressional defense committees (as defined in section 101(a) of title 10) an Annual Operations and Materials Plan that shall include—

(A) information with respect to foreign and domestic purchases of materials for the stockpile during the preceding fiscal year;

(B) information with respect to the acquisition and disposal of materials under this subchapter by barter, during such fiscal year;

(C) information with respect to the activities by the National Defense Stockpile Manager to encourage the conservation, substitution, and development of strategic and critical materials;

(D) information with respect to the research and development activities conducted under section 98g of this title;

(E) a statement and explanation of the financial status of the National Defense Stockpile Transaction Fund and anticipated appropriations to be made to the Fund, and obligations to be made from the fund, during the current fiscal year;

(F) other pertinent information on the administration of this subchapter as will enable the Congress to evaluate the effectiveness of the program;

(G) an annual materials plan for the operation of the stockpile during the next fiscal year and the succeeding four fiscal years and planned expenditures from the National Defense Stockpile Transaction Fund and anticipated receipts from disposal of stockpile materials, which shall include—

(i) details of all planned expenditures from the National Defense Stockpile Transaction Fund during such period and of anticipated receipts from the proposed disposals of stockpile materials during such period;

(ii) details regarding materials development and research projects to be conducted during the fiscal years covered by the report using moneys in the National Defense Stockpile Transaction Fund pursuant to section 98h(b)(2)(G) of this title; and

(iii) with respect to each development and research project described in clause (ii), the report shall specify the amount planned to be expended from the National Defense Stockpile Transaction Fund, the material intended to be developed, the potential military or defense industrial applications for that material, and the development and research methodologies to be used;

(H) any proposed expenditure or disposal detailed in the annual materials plan for any such fiscal year, and any expenditure or disposal proposed in connection with any transaction submitted for such fiscal year to the appropriate committees of Congress pursuant to section 98d(a)(2) of this title that is not obligated or executed in that fiscal year may not be obligated or executed until such proposed expenditure or disposal is resubmitted in a subsequent annual materials plan or is resubmitted to the appropriate committees of Congress in accordance with section 98d(a)(2) of this title, as appropriate; and

(I) a summary of the implementation and findings of the pilot program established under section 98e(g)(1) of this title, including—

(i) the commercial best practices selected for use under the pilot program;

(ii) how the National Defense Stockpile Manager determined which commercial best practices to select;

(iii) how the National Defense Stockpile Manager has used commercial best practices under the pilot program during the year preceding the briefing;

(iv) the outcome of each use of such practices; and

(v) any savings achieved or lessons learned as a result of the use of such practices.

(2) Report by the Board

The Board shall prepare a written report to accompany the report required by paragraph (1) which shall include the activities of the Board to carry out the duties listed in section 98h–1(c) of this title ¹

(June 7, 1939, ch. 190, §11, as added Pub. L. 96–41, §2(a), July 30, 1979, 93 Stat. 324; amended Pub. L. 97–35, title II, §203(e), Aug. 13, 1981, 95 Stat. 382; Pub. L. 99–661, div. C, title II, §3207(a)(3), Nov. 14, 1986, 100 Stat. 4069; Pub. L. 100–180, div. C, title II, §3205, Dec. 4, 1987, 101 Stat. 1247; Pub. L. 100–456, div. A, title XV, §1503, Sept. 29, 1988, 102 Stat. 2086; Pub. L. 101–189, div. C, title XXXIII, §3315, Nov. 29, 1989, 103 Stat. 1688; Pub. L. 102–190, div. C, title XXXIII, §§3311(b), 3313(a), Dec. 5, 1991, 105 Stat. 1584; Pub. L. 103–35, title II, §204(d), May 31, 1993, 107 Stat. 103; Pub. L. 113–291, div. A, title X, §1071(j), Dec. 19, 2014, 128 Stat. 3512; Pub. L. 115–232, div. A, title XIV, §1423, Aug. 13, 2018, 132 Stat. 2093; Pub. L. 117–263, div. A, title XIV, §1411(c), Dec. 23, 2022, 136 Stat. 2870; Pub. L. 118–31, div. A, title XIV, §1411(d), Dec. 22, 2023, 137 Stat. 524.)

Editorial Notes

Prior Provisions

A prior section 11 of act June 7, 1939, ch. 190, formerly §10, as added July 23, 1946, ch. 590, 60 Stat. 596; renumbered §11, Pub. L. 92–156, title V, §503(1), Nov. 17, 1971, 85 Stat. 427, was set out as a Short Title note under section 98 of this title, prior to repeal by section 2(b)(2) of Pub. L. 96–41.

Provisions similar to those in this section were contained in former section 98c of this title prior to repeal by Pub. L. 96–41.

Amendments

2023—Subsec. (a). Pub. L. 118–31, §1411(d)(1), substituted "an Annual Materials and Operations Plan for the forthcoming year." for "the following:

"(1) Not later than 40 calendar days after the last day of each of the first three fiscal quarters in each fiscal year, unaudited financial statements and a Manager's Discussion and Analysis for the immediately preceding fiscal quarter.

"(2) Not later than 60 calendar days after the conclusion of the fourth quarter of each fiscal year—

"(A) audited financial statements and a Manager's Discussion and Analysis for the immediately preceding fiscal year; and

"(B) an Annual Materials and Operations Plan for the forthcoming year."

Subsec. (b)(1). Pub. L. 118–31, §1411(d)(2)(A)(i), (ii), in heading, substituted "Report by National Defense Stockpile Manager" for "Reports by National Defense Stockpile Manage" and, in introductory provisions, substituted "February 15 of each fiscal year" for "90 days after the conclusion of the fourth quarter of each fiscal year" and "an Annual Operations and Materials Plan" for "a report".

Subsec. (b)(1)(E). Pub. L. 118–31, §1411(d)(2)(A)(iii), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: "audited annual financial statements for the Strategic and Critical Materials Fund;".

Subsec. (b)(1)(G) to (I). Pub. L. 118–31, §1411(d)(2)(A)(iv), added subpars. (G) to (I) and struck out former subpars. (G) and (H) which read as follows:

"(G) details of all planned expenditures from the Strategic and Critical Materials Fund over the Future Years' Defense Program and anticipated receipts from proposed disposals of stockpile materials; and

"(H) the report required by paragraph (2)."

Subsec. (b)(2). Pub. L. 118–31, §1411(d)(2)(B), substituted "paragraph (1) which shall include the activities of the Board to carry out the duties listed in section 98h–1(c) of this title" for "paragraph (1) which shall include—

"(A) the activities of the Board to carry out the duties listed in section 98h–1(c) of this title; and

"(B) the most recent Annual Materials and Operations Plan submitted under subsection (a)(2)(B)."

2022—Pub. L. 117–263 amended section generally. Prior to amendment, section related to annual reports to Congress, including materials plans for the operation of the stockpile.

2018—Subsec. (a). Pub. L. 115–232, §1423(1), substituted "February 15" for "January 15" in introductory provisions.

Subsec. (b)(1). Pub. L. 115–232, §1423(2)(A), substituted "Each report under subsection (a) shall also include" for "Not later than February 15 of each year, the President shall submit to the appropriate committees of the Congress a report containing".

Subsec. (b)(2). Pub. L. 115–232, §1423(2)(B), substituted "With respect to the plan described in paragraph (1), each such report shall include" for "Each such report shall include" and "With respect to such plan, each report shall also contain" for "Each such report shall also contain".

2014—Subsec. (b)(2). Pub. L. 113–291 substituted "under section 98h(b)(2)(H)" for "under section 98h(b)(2)(G)".

1993—Subsec. (a)(1). Pub. L. 103–35 substituted "fiscal year" for "six-month period".

1991—Subsec. (a). Pub. L. 102–190, §3313(a)(1), substituted "Not later than January 15 of each year, the President" for "The President" and "an annual" for "every six months a".

Subsec. (a)(1). Pub. L. 102–190, §3313(a)(2), which directed the substitution of "fiscal year" for "6-month period", could not be executed because the words "6-month period" did not appear in text.

Subsec. (a)(2). Pub. L. 102–190, §3313(a)(3), substituted "fiscal year" for "period".

Subsec. (a)(5). Pub. L. 102–190, §3313(a)(4), substituted "current fiscal year" for "next fiscal year".

Subsec. (b)(1). Pub. L. 102–190, §3311(b)(1), designated first sentence of subsec. (b) relating to submission of report as par. (1).

Subsec. (b)(2). Pub. L. 102–190, §3311(b), designated second sentence of subsec. (b) relating to contents of report as par. (2) and inserted at end "Each such report shall also contain details regarding the materials development and research projects to be conducted under section 98h(b)(2)(G) of this title during the fiscal years covered by the report. With respect to each development and research project, the report shall specify the amount planned to be expended from the fund, the material intended to be developed, the potential military or defense industrial applications for that material, and the development and research methodologies to be used."

Subsec. (b)(3). Pub. L. 102–190, §3311(b)(1), designated third sentence of subsec. (b) relating to resubmission of proposed expenditures and disposals not obligated or executed as par. (3).

1989—Subsec. (a)(5). Pub. L. 101–189 substituted "made to the fund, and obligations to be made from the fund," for "made from the fund".

1988—Subsec. (a)(3) to (6). Pub. L. 100–456, §1503(a), added pars. (3) and (4) and redesignated former pars. (3) and (4) as (5) and (6), respectively.

Subsec. (b). Pub. L. 100–456, §1503(b), substituted "the next fiscal year" for "such fiscal year" and "all planned expenditures from the National Defense Stockpile Transaction Fund" for "planned expenditures for acquisition of strategic and critical materials" and inserted at end "Any proposed expenditure or disposal detailed in the annual materials plan for any such fiscal year, and any expenditure or disposal proposed in connection with any transaction submitted for such fiscal year to the appropriate committees of Congress pursuant to section 98d(a)(2) of this title, that is not obligated or executed in that fiscal year may not be obligated or executed until such proposed expenditure or disposal is resubmitted in a subsequent annual materials plan or is resubmitted to the appropriate committees of Congress in accordance with section 98d(a)(2) of this title, as appropriate."

1987—Subsec. (b). Pub. L. 100–180 substituted "Not later than February 15 of each year, the President" for "The President" and struck out "each year, at the time that the Budget is submitted to Congress pursuant to section 1105 of title 31 for the next fiscal year," after "Congress".

1986—Subsec. (b). Pub. L. 99–661 substituted "each year, at the time that the Budget is submitted to Congress pursuant to section 1105 of title 31 for the next fiscal year," for each year with the Budget submitted to Congress pursuant to section 201a of the Budget and Accounting Act, 1921 (31 U.S.C. 11(a)), for the next fiscal year".

1981—Pub. L. 97–35 designated existing provisions as subsec. (a) and added subsec. (b).

¹ So in original. Probably should be followed by a period.

§98h–3. Definitions

For the purposes of this subchapter:

(1) The term "strategic and critical materials" means materials that (A) would be needed to supply the military, industrial, and essential civilian needs of the United States during a national emergency, and (B) are not found or produced in the United States in sufficient quantities to meet such need.

(2) The term "national emergency" means a general declaration of emergency with respect to the national defense made by the President or by the Congress.

(3) The term "reliable source" mean a citizen or business entity organized under the laws of—

(A) the United States or any territory or possession of the United States;

(B) a country of the national technology and industrial base, as such term is defined in section 4801 of title 10; or

(C) a qualifying country, as defined in section 225.003 of the Defense Federal Acquisition Regulation Supplement or any successor document.

(June 7, 1939, ch. 190, §12, as added Pub. L. 96–41, §2(a), July 30, 1979, 93 Stat. 324; amended Pub. L. 117–81, div. A, title XIV, §1411(2), Dec. 27, 2021, 135 Stat. 2018; Pub. L. 118–31, div. A, title XIV, §1411(e)(2)(C), Dec. 22, 2023, 137 Stat. 528.)

Editorial Notes

Amendments

2023—Par. (3). Pub. L. 118–31 added par. (3) and struck out former par. (3) which read as follows: "The term 'national technology and industrial base' has the meaning given such term in section 2500 of title 10."

2021—Par. (3). Pub. L. 117–81 added par. (3).

§98h–4. Importation of strategic and critical materials

The President may not prohibit or regulate the importation into the United States of any material determined to be strategic and critical pursuant to the provisions of this subchapter, if such material is the product of any foreign country or area not listed in general note 3(b) of the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), for so long as the importation into the United States of material of that kind which is the product of a country or area listed in such general note is not prohibited by any provision of law.

(June 7, 1939, ch. 190, §13, formerly §10, as added Pub. L. 92–156, title V, §503(2), Nov. 17, 1971, 85 Stat. 427; renumbered §13, Pub. L. 96–41, §2(b)(1), July 30, 1979, 93 Stat. 324; amended Pub. L. 100–180, div. C, title II, §3206(b), (c), Dec. 4, 1987, 101 Stat. 1247; Pub. L. 100–418, title I, §1214(o), Aug. 23, 1988, 102 Stat. 1159; Pub. L. 104–201, div. C, title XXXIII, §3313, Sept. 23, 1996, 110 Stat. 2857.)

Editorial Notes

References in Text

The Harmonized Tariff Schedule of the United States, referred to in text, is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19, Customs Duties.

Codification

Section was formerly classified to section 98h–1 of this title.

Amendments

1996—Pub. L. 104–201 substituted "not listed in general note" for "not listed as a Communist-dominated country or area in general note" and "product of a country or area listed in such general note" for "product of such Communist-dominated countries or areas".

1988—Pub. L. 100–418 substituted "general note 3(b) of the Harmonized Tariff Schedule of the United States" for "general headnote 3(d) of the Tariff Schedules of the United States".

1987—Pub. L. 100–180 inserted section catchline and, in text, substituted "The President" for "Notwithstanding any other provision of law, on and after January 1, 1972, the President".

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–418 effective Jan. 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(b)(1) of Pub. L. 100–418, set out as an Effective Date note under section 3001 of Title 19, Customs Duties.

§98h–5. Biennial report on stockpile requirements

(a) In general

Not later than January 15 of every other year, the Secretary of Defense shall submit to Congress a report on stockpile requirements. Each such report shall include—

(1) the Secretary's recommendations with respect to stockpile requirements; and

(2) the matters required under subsection (b).

(b) National emergency planning assumptions

Each report under this section shall set forth the national emergency planning assumptions used by the Secretary in making the Secretary's recommendations under subsection (a)(1) with respect to stockpile requirements. The Secretary shall base the national emergency planning assumptions on a military conflict scenario consistent with the scenario used by the Secretary in budgeting and defense planning purposes. The assumptions to be set forth include assumptions relating to each of the following:

(1) The length and intensity of the assumed military conflict.

(2) The military force structure to be mobilized.

(3) The losses anticipated from enemy action.

(4) The military, industrial, and essential civilian requirements to support the national emergency.

(5) The availability of supplies of strategic and critical materials from foreign sources during the mobilization period, the military conflict, and the subsequent period of replenishment, taking into consideration possible shipping losses.

(6) The domestic production of strategic and critical materials during the mobilization period, the military conflict, and the subsequent period of replenishment, taking into consideration possible shipping losses.

(7) Civilian austerity measures required during the mobilization period and military conflict.

(c) Period within which to replace or replenish materials

The stockpile requirements shall be based on those strategic and critical materials necessary for the United States to replenish or replace, within three years of the end of the military conflict scenario required under subsection (b), all munitions, combat support items, and weapons systems that would be required after such a military conflict.

(d) Effect of alternative mobilization periods

The Secretary shall also include in each report under this section an examination of the effect that alternative mobilization periods under the military conflict scenario required under subsection (b), as well as a range of other military conflict scenarios addressing potentially more serious threats to national security, would have on the Secretary's recommendations under subsection (a)(1) with respect to stockpile requirements.

(e) Plans of President

The President shall submit with each report under this section a statement of the plans of the President for meeting the recommendations of the Secretary set forth in the report.

(f) Briefings on shortfalls in stockpile

(1) Not later than March 1 each year, the National Defense Stockpile Manager shall provide to the congressional defense committees a briefing on strategic and critical materials that—

(A) are determined to be in shortfall in the most recent report on stockpile requirements submitted under subsection (a); and

(B) the acquisition or disposal of which is included in the Annual Materials and Operations Plan for the operation of the stockpile during the next fiscal year submitted under section 98h–2(b) of this title.

(2) Each briefing required by paragraph (1) shall include—

(A) a description of each material described in that paragraph, including the objective to be achieved if funding is provided, in whole or in part, for the acquisition of the material to remedy the shortfall;

(B) an estimate of additional amounts required to provide such funding, if any; and

(C) an assessment of the supply chain for each such material, including any assessment of any relevant risk in any such supply chain.

(June 7, 1939, ch. 190, §14, as added Pub. L. 100–180, div. C, title II, §3202(c), Dec. 4, 1987, 101 Stat. 1246; amended Pub. L. 102–190, div. C, title XXXIII, §3313(b)(1), (2), Dec. 5, 1991, 105 Stat. 1585; Pub. L. 103–160, div. C, title XXXIII, §3314, Nov. 30, 1993, 107 Stat. 1962; Pub. L. 104–201, div. C, title XXXIII, §3311(a), Sept. 23, 1996, 110 Stat. 2856; Pub. L. 117–263, div. A, title XIV, §1413, Dec. 23, 2022, 136 Stat. 2872.)

Editorial Notes

References in Text

The congressional defense committees, referred to in subsec. (f)(1), are not defined for this subchapter. However, elsewhere in this subchapter, they are defined as the committees listed in section 101(a) of Title 10, Armed Forces.

Amendments

2022—Subsec. (f). Pub. L. 117–263 added subsec. (f).

1996—Subsecs. (b) to (e). Pub. L. 104–201 added subsecs. (b) to (d), redesignated former subsec. (c) as (e), and struck out former subsec. (b) which related to national emergency planning assumptions set forth in reports required under this section.

1993—Subsec. (b). Pub. L. 103–160 struck out before period at end of first sentence ", based upon total mobilization of the economy of the United States for a sustained conventional global war for a period of not less than three years" and inserted after first sentence "Before October 1, 1994, such assumptions shall be based upon the total mobilization of the economy of the United States for a sustained conventional global war for a period of not less than three years. On and after October 1, 1994, such assumptions shall be based on an assumed national emergency involving military conflict that necessitates an expansion of the Armed Forces together with a significant mobilization of the economy of the United States."

1991—Pub. L. 102–190, §3313(b)(2), substituted "Biennial" for "Annual" in section catchline.

Subsec. (a). Pub. L. 102–190, §3313(b)(1), in introductory provisions, substituted "Not later than January 15 of every other year, the Secretary" for "The Secretary" and "a report" for "an annual report" and struck out "shall be submitted with the annual report submitted under section 98h–2(b) of this title and" before "shall include".

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–201 effective Oct. 1, 1996, see section 3311(c) of Pub. L. 104–201, set out as a note under section 98a of this title.

Initial Report Due Date

Pub. L. 102–190, div. C, title XXXIII, §3313(b)(3), Dec. 5, 1991, 105 Stat. 1585, provided that: "The first report required by section 14(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–5(a)), as amended by paragraph (1) shall be submitted not later than January 15, 1993."

§98h–6. Development and conservation of reliable sources

(a) Duties

Subject to subsection (d), the National Defense Stockpile Manager shall encourage the development and appropriate conservation of reliable sources of strategic and critical materials—

(1) by purchasing, or making a commitment to purchase, strategic and critical materials from reliable sources when such materials are needed for the stockpile;

(2) by contracting with facilities located in and owned and controlled by reliable sources, or making a commitment to contract with such facilities, for the processing or refining of strategic and critical materials in the stockpile when processing or refining is necessary to convert such materials into a form more suitable for storage or disposition or meeting stockpile requirements;

(3) by qualifying facilities located in and owned and controlled by reliable sources, or qualifying strategic and critical materials produced by such facilities, to meet stockpile requirements;

(4) by contracting with facilities located in and owned and controlled by reliable sources to recycle strategic and critical materials to meet stockpile requirements or increase the balance of the National Defense Stockpile Transaction Fund under section 98h of this title; and

(5) by entering into an agreement to co-fund a bankable feasibility study for a project for the development of strategic and critical materials located in and owned and controlled by a reliable source, if the agreement—

(A) limits the liability of the stockpile to not more than the total funding provided by the Federal Government;

(B) limits the funding contribution of the Federal Government to not more than 50 percent of the cost of the bankable feasibility study; and

(C) does not obligate the Federal Government to purchase strategic and critical materials from the reliable source.

(b) Additional authorities

(1) Extended contracting authority

(A) In general

The term of a contract or commitment made under subsection (a) may not exceed ten years.

(B) Preexisting contracts

A contract entered into before December 22, 2023, for a term of more than ten years may be extended, on or after December 22, 2023, for a total of not more than an additional ten years pursuant to any option or options set forth in the contract.

(2) Matters relating to co-funding of bankable feasibility studies

To the extent authorized by Congress pursuant to the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) and determined to be required by the President pursuant to that Act, the National Defense Stockpile Manager may provide for loans or procure debt issued by other entities to carry out a project for the development of strategic and critical materials with respect to which a study was carried out under subsection (a)(5).

(c) Proposed transactions included in annual materials plan

Descriptions of proposed transactions under subsection (a) shall be included in the Annual Materials and Operations Plan. Changes to any such transaction, or the addition of a transaction not included in such plan, shall be made in accordance with section 98d(a)(2) of this title.

(d) Availability of funds

The authority of the National Defense Stockpile Manager to enter into obligations under this section is effective for any fiscal year only to the extent that funds in the National Defense Stockpile Transaction Fund under section 98h of this title are adequate to meet such obligations.

(e) Bankable feasibility study defined

In this section, the term "bankable feasibility study" means a comprehensive technical and economic study—

(1) of the selected option for a strategic and critical materials development project that includes appropriately detailed assessments of realistically assumed extraction, processing, metallurgical, economic, marketing, legal, environmental, social, and governmental considerations and any other relevant operational factors and detailed financial analysis, that are necessary to demonstrate at the time of reporting that production is reasonably justified; and

(2) that may reasonably serve as the basis for a final decision by a proponent of a project or financial institution to proceed with, or finance, the development of the project.

(June 7, 1939, ch. 190, §15, as added Pub. L. 101–189, div. C, title XXXIII, §3312(a), Nov. 29, 1989, 103 Stat. 1687; amended Pub. L. 113–66, div. A, title XIV, §1411(c), Dec. 26, 2013, 127 Stat. 934; Pub. L. 114–328, div. A, title XIV, §1412(b), Dec. 23, 2016, 130 Stat. 2570; Pub. L. 117–81, div. A, title XIV, §1411(3), Dec. 27, 2021, 135 Stat. 2018; Pub. L. 117–263, div. A, title XIV, §1411(d)(1)(B), Dec. 23, 2022, 136 Stat. 2871; Pub. L. 118–31, div. A, title XIV, §1411(e)(1), Dec. 22, 2023, 137 Stat. 526.)

Editorial Notes

References in Text

The Defense Production Act of 1950, referred to in subsec. (b)(2), is act Sept. 8, 1950, ch. 932, 64 Stat. 798, which is classified principally to chapter 55 (§4501 et seq.) of this title. For complete classification of this Act to the Code, see section 4501 of this title and Tables.

Amendments

2023—Pub. L. 118–31 amended section generally. Prior to amendment, section related to development of domestic sources for materials.

2022—Subsec. (c)(1). Pub. L. 117–263, §1411(d)(1)(B)(i), substituted "Annual Materials and Operations Plan" for "annual materials plan".

Subsec. (e). Pub. L. 117–263, §1411(d)(1)(B)(ii), inserted ", acting through the National Defense Stockpile Manager," after "The President" and substituted "section 98h–2(b)(1) of this title" for "section 98h–2(a) of this title".

2021—Subsec. (a)(5). Pub. L. 117–81 added par. (5).

2016—Subsec. (a)(3), (4). Pub. L. 114–328 added pars. (3) and (4).

2013—Subsec. (a). Pub. L. 113–66 inserted "and appropriate conservation" after "development" in introductory provisions.

§98h–7. National Defense Stockpile Manager

(a) Appointment

The President shall designate a single Federal office to have responsibility for performing the functions of the President under this subchapter, other than under sections 98f(a)(1) and 98h–4 of this title. The office designated shall be one to which appointment is made by the President, by and with the advice and consent of the Senate.

(b) Title of designated officer

The individual holding the office designated by the President under subsection (a) shall be known for purposes of functions under this subchapter as the "National Defense Stockpile Manager".

(c) Delegation of functions

The President may delegate functions of the President under this subchapter (other than under sections 98f(a)(1) and 98h–4 of this title) only to the National Defense Stockpile Manager. Any such delegation made by the President shall remain in effect until specifically revoked by law or Executive order. The President may not delegate functions of the President under sections 98f(a)(1) and 98h–4 of this title.

(June 7, 1939, ch. 190, §16, formerly §6A, as added Pub. L. 99–661, div. C, title II, §3202(a), Nov. 14, 1986, 100 Stat. 4067; amended Pub. L. 100–180, div. C, title II, §3203(a), Dec. 4, 1987, 101 Stat. 1246; renumbered §16 and amended Pub. L. 101–189, div. C, title XXXIII, §3313, Nov. 29, 1989, 103 Stat. 1688; Pub. L. 102–190, div. C, title XXXIII, §3314, Dec. 5, 1991, 105 Stat. 1585; Pub. L. 112–239, div. A, title XIV, §1413(b), Jan. 2, 2013, 126 Stat. 2049.)

Editorial Notes

Codification

Section was classified to section 98e–1 of this title prior to its renumbering by Pub. L. 101–189.

Amendments

2013—Pub. L. 112–239 substituted "sections 98f(a)(1) and 98h–4" for "sections 98f and 98h–4" wherever appearing.

1991—Subsec. (d). Pub. L. 102–190 struck out subsec. (d) which read as follows: "During any period during which there is no officer appointed by the President, by and with the advice and consent of the Senate, serving in the position designated by the President under subsection (a) or during which the authority of the President under this subchapter (other than under sections 98f and 98h–4 of this title) has not been delegated to that position, no action may be taken under section 98e(a)(6) of this title."

1989—Subsec. (a). Pub. L. 101–189, §3313(b)(1), substituted "sections 98f and 98h–4" for "sections 98f, 98g, and 98h–4".

Subsec. (c). Pub. L. 101–189, §3313(b)(1), (2), substituted "sections 98f and 98h–4" for "sections 98f, 98g, and 98h–4" and inserted at end "The President may not delegate functions of the President under sections 98f and 98h–4 of this title." after "Executive order."

Subsec. (d). Pub. L. 101–189, §3313(b)(1), (3), substituted "sections 98f and 98h–4" for "sections 98f, 98g, and 98h–4" and "section 98e(a)(6)" for "section 98e(b) or 98e(d)".

1987—Pub. L. 100–180 amended section generally, revising and restating provisions of subsecs. (a) and (b) and adding subsecs. (c) and (d).

Statutory Notes and Related Subsidiaries

Savings Provision

Pub. L. 100–180, div. C, title II, §3203(c), Dec. 4, 1987, 101 Stat. 1247, provided that: "Unless otherwise directed by the President under section 6A [renumbered §16] of the Strategic and Critical Materials Stock Piling Act [this section], as amended by subsection (a), the designation of a National Defense Stockpile Manager in effect on the day before the date of the enactment of this Act [Dec. 4, 1987] shall remain in effect until the individual so designated ceases to hold the office held by the individual at the time of the designation."

Deadline for Designation of Manager

Pub. L. 99–661, div. C, title II, §3202(b), Nov. 14, 1986, 100 Stat. 4067, directed President, not later than Feb. 15, 1987, to designate an official as National Defense Stockpile Manager, as required by this section.

Executive Documents

Designation of National Defense Stockpile Manager; Delegation of Functions

The Secretary of Defense was designated National Defense Stockpile Manager and functions of the President under this section were delegated to the Secretary of Defense by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53 F.R. 6114, set out under section 98 of this title.

§98i. Repealed. Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1570

Section, act Aug. 3, 1956, ch. 939, title IV, §416, 70 Stat. 1018, related to contracts for storage, handling, and distribution of liquid fuels. See section 2922 of Title 10, Armed Forces.

Section was not enacted as part of the Strategic and Critical Materials Stock Piling Act which comprises this subchapter.

§99. Transferred

Editorial Notes

Codification

Section, act July 2, 1940, ch. 508, §6, 54 Stat. 714, was transferred to section 701 of the former Appendix to this title and subsequently repealed by act Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641.

§100. Nitrate plants

(a) Investigations; designation of sites; construction and operation of dams, locks, improvements to navigation, etc.

The President of the United States may make, or cause to be made, such investigation as in his judgment is necessary to determine the best, cheapest, and most available means for the production of nitrates and other products for munitions of war and useful in the manufacture of fertilizers and other useful products by water power or any other power as in his judgment is the best and cheapest to use; and is also authorized to designate for the exclusive use of the United States, if in his judgment such means is best and cheapest, such site or sites, upon any navigable or nonnavigable river or rivers or upon the public lands, as in his opinion will be necessary for national defense; and is further authorized to construct, maintain, and operate, at or on any site or sites so designated, dams, locks, improvements to navigation, power houses, and other plants and equipment or other means than water power as in his judgment is the best and cheapest, necessary or convenient for the generation of electrical or other power and for the production of nitrates or other products needed for munitions of war and useful in the manufacture of fertilizers and other useful products.

(b) Lease, purchase, or acquisition of lands and rights of way; purchase or acquisition of materials, minerals, and processes

The President is authorized to lease, buy, or acquire, by condemnation, gift, grant, or devise, such lands and rights of way as may be necessary for the construction and operation of such plants and to take from any lands of the United States, or to buy or acquire by condemnation materials, minerals, and processes, patented or otherwise, necessary for the construction and operation of such plants and for the manufacture of such products.

(c) Use of products of plants; disposal of surplus

The products of such plants shall be used by the President for military and naval purposes to the extent that he may deem necessary, and any surplus which he shall determine is not required shall be sold and disposed of by him under such regulations as he may prescribe.

(d) Employment of officers, agents, or agencies

The President is authorized to employ such officers, agents, or agencies as may in his discretion be necessary to enable him to carry out the purposes herein specified, and to authorize and require such officers, agents, or agencies to perform any and all of the duties imposed upon him by the provisions hereof.

(e) Government construction and operation

The plant or plants provided for under this section shall be constructed and operated solely by the Government and not in conjunction with any other industry or enterprise carried on by private capital.

(Aug. 10, 1956, ch. 1041, §37, 70A Stat. 634.)

Editorial Notes

Codification

Section was not enacted as part of the Strategic and Critical Materials Stock Piling Act which comprises this subchapter.

§100a. Omitted

Editorial Notes

Codification

Section, which was from the Department of Defense Appropriation Act, 1983, Pub. L. 97–377, title I, §101(c) [title VII, §712], Dec. 21, 1982, 96 Stat. 1833, 1851, prohibited use of funds available to Department of Defense agencies for acquisition, construction, or operation of certain scrap-processing facilities, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts:

Dec. 29, 1981, Pub. L. 97–114, title VII, §712, 95 Stat. 1580.

Dec. 15, 1980, Pub. L. 96–527, title VII, §713, 94 Stat. 3082.

Dec. 21, 1979, Pub. L. 96–154, title VII, §713, 93 Stat. 1154.

Oct. 13, 1978, Pub. L. 95–457, title VIII, §813, 92 Stat. 1246.

Sept. 21, 1977, Pub. L. 95–111, title VIII, §812, 91 Stat. 901.

Sept. 22, 1976, Pub. L. 94–419, title VII, §712, 90 Stat. 1293.

Feb. 9, 1976, Pub. L. 94–212, title VII, §712, 90 Stat. 170.

Oct. 8, 1974, Pub. L. 93–437, title VIII, §812, 88 Stat. 1226.

Jan. 2, 1974, Pub. L. 93–238, title VII, §712, 87 Stat. 1040.

Oct. 26, 1972, Pub. L. 92–570, title VII, §712, 86 Stat. 1198.

Dec. 18, 1971, Pub. L. 92–204, title VII, §712, 85 Stat. 729.

Jan. 11, 1971, Pub. L. 91–668, title VIII, §812, 84 Stat. 2032.

Dec. 29, 1969, Pub. L. 91–171, title VI, §612, 83 Stat. 481.

Oct. 17, 1968, Pub. L. 90–580, title V, §511, 82 Stat. 1131.

Sept. 29, 1967, Pub. L. 90–96, title VI, §611, 81 Stat. 244.

Oct. 15, 1966, Pub. L. 89–687, title VI, §611, 80 Stat. 992.

Sept. 29, 1965, Pub. L. 89–213, title VI, §611, 79 Stat. 875.

Aug. 19, 1964, Pub. L. 88–446, title V, §511, 78 Stat. 476.

Oct. 17, 1963, Pub. L. 88–149, title V, §511, 77 Stat. 265.

Aug. 9, 1962, Pub. L. 87–577, title V, §511, 76 Stat. 329.

Aug. 17, 1961, Pub. L. 87–144, title VI, §611, 75 Stat. 377.

July 7, 1960, Pub. L. 86–601, title V, §511, 74 Stat. 351.

Aug. 18, 1959, Pub. L. 86–166, title V, §611, 73 Stat. 380.

Aug. 22, 1958, Pub. L. 85–724, title VI, §611, 72 Stat. 725.

Aug. 2, 1957, Pub. L. 85–117, title VI, §612, 71 Stat. 325.

July 2, 1956, ch. 488, title VI, §612, 70 Stat. 469.

July 13, 1955, ch. 358, title VI, §615, 69 Stat. 317.

June 30, 1954, ch. 432, title VII, §715, 68 Stat. 352.

CHAPTER 6—WILLFUL DESTRUCTION, ETC., OF WAR OR NATIONAL-DEFENSE MATERIAL

§§101 to 106. Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862

Section 101, acts Apr. 20, 1918, ch. 59, §1, 40 Stat. 533; Nov. 30, 1940, ch. 926, 54 Stat. 1220; Dec. 24, 1942, ch. 824, 56 Stat. 1087; 1946 Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352, related to definition of war terms. See section 2151 of Title 18, Crimes and Criminal Procedure.

Section 102, act Apr. 20, 1918, ch. 59, §2, 40 Stat. 534, related to destruction or injury of war material in time of war. See section 2153 of Title 18.

Section 103, act Apr. 20, 1918, ch. 59, §3, 40 Stat. 534, related to making or causing to be made defective war material. See section 2154 of Title 18.

Section 104, act Apr. 20, 1918, ch. 59, §4, as added Nov. 30, 1940, ch. 926, 54 Stat. 1220; amended Aug. 21, 1941, ch. 388, 55 Stat. 655, related to definition of national-defense terms. See section 2151 of Title 18.

Section 105, act Apr. 20, 1918, ch. 59, §5, as added Nov. 30, 1940, ch. 926, 54 Stat. 1220, related to destruction or injury of national-defense materials. See section 2155 of Title 18.

Section 106, act Apr. 20, 1918, ch. 59, §6, as added Nov. 30, 1940, ch. 926, 54 Stat. 1220, related to making or causing to be made defective national-defense material. See section 2156 of Title 18.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal of sections 101 to 106 effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.

CHAPTER 7—INTERFERENCE WITH HOMING PIGEONS OWNED BY UNITED STATES

§§111 to 113. Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862

Section 111, act Apr. 19, 1918, ch. 58, §1, 40 Stat. 533, related to prohibited acts affecting homing pigeons owned by United States. See section 45 of Title 18, Crimes and Criminal Procedure.

Section 112, act Apr. 19, 1918, ch. 58, §2, 40 Stat. 533, related to possession of pigeons as evidence of violation of law. See section 45 of Title 18.

Section 113, act Apr. 19, 1918, ch. 58, §3, 40 Stat. 533, related to punishment. See section 45 of Title 18.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal of sections 111 to 113 effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.

CHAPTER 8—EXPLOSIVES; MANUFACTURE, DISTRIBUTION, STORAGE, USE, AND POSSESSION REGULATED

§§121 to 144. Repealed. Pub. L. 91–452, title XI, §1106(a), Oct. 15, 1970, 84 Stat. 960

Section 121, acts Oct. 6, 1917, ch. 83, §1, 40 Stat. 385; Dec. 26, 1941, ch. 633, §2, 55 Stat. 863, defined "explosive", "explosives", "ingredients", "person", and "Director". See section 841 of Title 18, Crimes and Criminal Procedure.

Section 122, acts Oct. 6, 1917, ch. 83, §2, 40 Stat. 385; Dec. 26, 1941, ch. 633, §2, 55 Stat. 864, related to unauthorized manufacture, distribution, possession, acquisition, etc., of explosives or ingredients. See section 842 of Title 18.

Section 123, acts Oct. 6, 1917, ch. 83, §3, 40 Stat. 386; Dec. 26, 1941, ch. 633, §2, 55 Stat. 864; Nov. 24, 1942, ch. 641, 56 Stat. 1022; Aug. 23, 1958, Pub. L. 85–726, title XIV, §1405, 72 Stat. 808; Oct. 15, 1966, Pub. L. 89–670, §8(f), 80 Stat. 943, excepted from provisions of this chapter purchase or possession of ingredients when purchased or held in small quantities and not used or intended to be used in manufacture of explosives, explosives or ingredients in transit in conformity with applicable law, explosives manufactured under authority of the United States for armed forces or the F.B.I., and arsenals, etc., owned by, or operated by or on behalf of, the United States. See section 845 of Title 18.

Section 124, acts Oct. 6, 1917, ch. 83, §4, 40 Stat. 386; Dec. 26, 1941, ch. 633, §2, 55 Stat. 864, authorized a superintendent, foreman, or other duly authorized employee at a mine, quarry, or other work, when licensed, to sell or issue to any employee under him such amount of explosives or ingredients required by that employee in performance of his duties. See section 843 of Title 18.

Section 125, acts Oct. 6, 1917, ch. 83, §2, 40 Stat. 385; Dec. 26, 1941, ch. 633, §2, 55 Stat. 863, related to applicability of prohibitory provisions of this chapter.

Section 126, acts Oct. 6, 1917, ch. 83, §5, 40 Stat. 386; Dec. 26, 1941, ch. 633, §2, 55 Stat. 864, required licensees to keep records of disposition of explosives or ingredients. See section 843 of Title 18.

Section 127, acts Oct. 6, 1917, ch. 83, §6, 40 Stat. 386; Dec. 26, 1941, ch. 633, §2, 55 Stat. 865, authorized issuance of licenses. See section 843 of Title 18.

Section 128, acts Oct. 6, 1917, ch. 83, §7, 40 Stat. 386; Dec. 26, 1941, ch. 633, §2, 55 Stat. 865, set forth procedure for issuance of licenses and fees for such licenses.

Section 129, acts Oct. 6, 1917, ch. 83, §8, 40 Stat. 386; Dec. 26, 1941, ch. 633, §2, 55 Stat. 865; Ex. Ord. No. 9287, eff. Dec. 24, 1942, 7 F.R. 10897, provided for term of license, qualifications of applicants for licenses, and revocation of license. See section 843 of Title 18.

Section 130, acts Oct. 6, 1917, ch. 83, §9, 40 Stat. 386; Dec. 26, 1941, ch. 633, §2, 55 Stat. 866, set forth contents of applications for licenses. See section 843 of Title 18.

Section 131, acts Oct. 6, 1917, ch. 83, §10, 40 Stat. 387; Dec. 26, 1941, ch. 633, §2, 55 Stat. 866, required licensee or applicant to furnish information on request of Director or his authorized representative. See section 843 of Title 18.

Section 132, acts Oct. 6, 1917, ch. 83, §11, 40 Stat. 387; Dec. 26, 1941, ch. 633, §2, 55 Stat. 867, related to false representations as to required license.

Section 133, acts Oct. 6, 1917, ch. 83, §12, 40 Stat. 387; Dec. 26, 1941, ch. 633, §2, 55 Stat. 867, related to markings on manufacturing or storage premises for explosives.

Section 134, act July 1, 1918, ch. 113, 40 Stat. 671, related to cancellation of licenses for violations of law. See section 844 of Title 18.

Section 135, acts Oct. 6, 1917, ch. 83, §13, 40 Stat. 388; Dec. 26, 1941, ch. 633, §2, 55 Stat. 867, related to exclusion of public from manufacturing or storage premises for explosives and discharge of firearms, etc., on such premises.

Section 136, acts Oct. 6, 1917, ch. 83, §14, 40 Stat. 388; Dec. 26, 1941, ch. 633, §2, 55 Stat. 867, authorized investigations by Director of explosions and fires involving explosives or ingredients of explosives.

Section 137, acts Oct. 6, 1917, ch. 83, §15, 40 Stat. 388; Dec. 26, 1941, ch. 633, §2, 55 Stat. 867, authorized Director to exercise authority conferred upon him by this chapter under supervision of Secretary of the Interior and cooperation of other agencies with Director in administration and enforcement of this chapter.

Section 138, acts Oct. 6, 1917, ch. 83, §16, 40 Stat. 388; Dec. 26, 1941, ch. 633, §2, 55 Stat. 868; Oct. 28, 1949, ch. 782, title XI, §1106(a), 63 Stat. 972, authorized employment of personnel for administration of this chapter.

Section 139, acts Oct. 6, 1917, ch. 83, §17, 40 Stat. 388; Dec. 26, 1941, ch. 633, §2, 55 Stat. 868, prohibited any officer, employee, or licensing agent from divulging any information obtained in course of his duties under this chapter.

Section 140, acts Oct. 6, 1917, ch. 83, §18, 40 Stat. 388; Dec. 26, 1941, ch. 633, §2, 55 Stat. 868, authorized Director to issue rules and regulations. See section 847 of Title 18.

Section 141, acts Oct. 6, 1917, ch. 83, §19, 40 Stat. 388; Dec. 26, 1941, ch. 633, §2, 55 Stat. 868, set forth penalties for violations of this chapter. See section 844 of Title 18.

Section 142, acts Oct. 6, 1917, ch. 83, §20, 40 Stat. 388; Dec. 26, 1941, ch. 633, §2, 55 Stat. 868, provided that this chapter and regulations issued pursuant to it were to become operative only during war or national emergency.

Section 143, act Oct. 6, 1917, ch. 83, §21, 40 Stat. 389, related to agencies available for enforcement of provisions of this chapter.

Section 144, act July 1, 1918, ch. 113, 40 Stat. 671, subjected platinum, iridium, and palladium and compounds thereof to provisions of this chapter.

CHAPTER 9—AIRCRAFT

§§151 to 151f. Omitted

Editorial Notes

Codification

Sections 151 to 151f which related to a National Advisory Committee for Aeronautics were omitted pursuant to section 301(a) of Pub. L. 85–568, title III, July 29, 1958, 72 Stat. 432, formerly set out as a note under former section 2472 of Title 42, The Public Health and Welfare, which terminated the Committee and transferred all its functions, powers, duties, and obligations to the National Aeronautics and Space Administration.

Section 151, acts Mar. 3, 1915, ch. 83, 38 Stat. 930; Mar. 2, 1929, ch. 482, 45 Stat. 1451; June 23, 1938, ch. 601, §1107(e), 52 Stat. 1027; 1940 Reorg. Plan No. IV, §7, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1235; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501; May 25, 1948, ch. 335, §1, 62 Stat. 266; Aug. 10, 1949, ch. 412, §12(a), 63 Stat. 591; Aug. 8, 1950, ch. 645, §4, 64 Stat. 419; June 3, 1954, ch. 254, 68 Stat. 170, established National Advisory Committee for Aeronautics, provided for its composition, prescribed compensation of members and duties of Committee, and required reports to Congress.

Section 151a, act Mar. 2, 1929, ch. 482, 45 Stat. 1451, was incorporated in section 151 of this title.

Section 151b, act Aug. 8, 1950, ch. 645, §1, 64 Stat. 418, related to functions of Committee.

Section 151c, act Aug. 8, 1950, ch. 645, §2, 64 Stat. 418, related to transfer of supplies to Committee.

Section 151d, act Aug. 8, 1950, ch. 645, §3, 64 Stat. 418, related to employment of aliens.

Section 151e, act Aug. 8, 1950, ch. 645, §6, 64 Stat. 419, related to availability of appropriations.

Section 151f, act Aug. 8, 1950, ch. 645, §7, 64 Stat. 419, related to prosecution of projects.

§§152, 153. Repealed. May 25, 1948, ch. 335, §3(a), (b), 62 Stat. 267

Section 152, act July 1, 1918, ch. 113, 40 Stat. 650, as amended July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501, related to office space for Advisory Committee.

Section 153, act Mar. 3, 1915, ch. 83, 38 Stat. 930, related to annual reports.

§154. Repealed. Oct. 10, 1940, ch. 851, §4, 54 Stat. 1114

Section, act Apr. 22, 1926, ch. 171, 44 Stat. 314, related to purchases and services.

§155. Repealed. May 25, 1948, ch. 335, §3(c), 62 Stat. 267

Section, act Apr. 22, 1926, ch. 171, 44 Stat. 314, related to Langley Memorial Aeronautical Laboratory.

§§156, 157. Omitted

Editorial Notes

Codification

Section 156, acts Apr. 18, 1940, ch. 107, §1, 54 Stat. 134; Oct. 28, 1949, ch. 782, title XI, §1106(a), 63 Stat. 972, authorized National Advisory Committee for Aeronautics to pay compensation of a retired officer of the Army or Navy performing service for Committee. See note set out under sections 151 to 151f of this title.

Section 157, which related to transfer of aircraft, supplies, and equipment by Army and Navy to National Advisory Committee for Aeronautics, was from appropriation acts July 30, 1947, ch. 359, title I, §101, 61 Stat. 599; Apr. 20, 1948, ch. 219, title I, §101, 62 Stat. 188; Aug. 24, 1949, ch. 506, title I, §101, 63 Stat. 646; Sept. 6, 1950, ch. 896, ch. VIII, title I, §101, 64 Stat. 711, and was not repeated in the Independent Offices Appropriation Act, 1952, act Aug. 31, 1951, ch. 376, 65 Stat. 268. Section was formerly classified to section 246 of former Title 49, Transportation.

§§158 to 159. Transferred

Editorial Notes

Codification

Section 158, act Aug. 1, 1947, ch. 433, §1(b), (c), as added July 13, 1949, ch. 332, §1, 63 Stat. 410, related to professional and scientific service on the Committee and was transferred to section 1161 of former Title 5, Executive Departments and Government Officers and Employees, prior to repeal by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.

Section 158a, act Aug. 1, 1947, ch. 433, §2, 61 Stat. 715, related to classification of positions and appointments and was transferred to section 1162 of former Title 5, Executive Departments and Government Officers and Employees, prior to repeal by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378, and reenacted as section 3104(b) of Title 5, Government Organization and Employees.

Section 159, acts Aug. 1, 1947, ch. 433, §3, 61 Stat. 715; July 13, 1949, ch. 332, §2, 63 Stat. 411, related to reports to Congress and confidential information and was transferred to section 1163 of former Title 5, Executive Departments and Government Officers and Employees, prior to repeal by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378, and reenacted as section 3104(c) of Title 5, Government Organization and Employees.

§160. Omitted

Editorial Notes

Codification

Section, which was from acts Aug. 24, 1949, ch. 506, title I, §101, 63 Stat. 646; Sept. 6, 1950, ch. 896, ch. VIII, title I, §101, 64 Stat. 711, and prior appropriation acts, related to employment of aliens, and was not repeated in the Independent Offices Appropriation Act, 1952, act Aug. 31, 1951, ch. 376, 65 Stat. 268.

§§160a to 160f. Repealed. Pub. L. 85–707, §21(b)(5), July 7, 1958, 72 Stat. 337

Section 160a, act Apr. 11, 1950, ch. 86, §1, 64 Stat. 43, related to employees pursuing graduate study or research.

Section 160b, act Apr. 11, 1950, ch. 86, §2, 64 Stat. 43, related to acceptable types of graduate study and research.

Section 160c, act Apr. 11, 1950, ch. 86, §3, 64 Stat. 43, related to duration of leaves of absence available.

Section 160d, act Apr. 11, 1950, ch. 86, §4, 64 Stat. 43, related to payment of tuition and expenses.

Section 160e, act Apr. 11, 1950, ch. 86, §5, 64 Stat. 43, related to continuation of salary and leave benefits.

Section 160f, acts Apr. 11, 1950, ch. 86, §6, 64 Stat. 43; May 6, 1954, ch. 183, 68 Stat. 78; Mar. 17, 1958, Pub. L. 85–349, 72 Stat. 48, related to limitation on government expenditure.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

For effective date of repeal, see section 21(a) of Pub. L. 85–507.

CHAPTER 10—HELIUM GAS

        

§§161 to 164. Omitted

Editorial Notes

Codification

Act Mar. 3, 1925, ch. 426, 43 Stat. 1110, as completely amended, renumbered, and revised by Pub. L. 86–777, Sept. 13, 1960, 74 Stat. 918, is classified to section 167 et seq. of this title.

Section 161, acts Mar. 3, 1925, ch. 426, §1, 43 Stat. 1110; Mar. 3, 1927, ch. 355, 44 Stat. 1387; Sept. 1, 1937, ch. 895, 50 Stat. 885, authorized Secretary of the Interior to acquire and reserve helium-gas lands and to produce and store helium gas. See section 3 of act Mar. 3, 1925, as amended by Pub. L. 86–777, which is classified to section 167a of this title.

Section 162, acts Feb. 12, 1925, ch. 225, title I, 43 Stat. 908; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501, authorized Navy Department to acquire helium-gas lands and to produce and experiment with helium gas.

Section 163, acts Mar. 3, 1925, ch. 426, §2, 43 Stat. 1111; Mar. 3, 1927, ch. 355, 44 Stat. 1387; Sept. 1, 1937, ch. 895, 50 Stat. 886, authorized Bureau of Mines to produce helium gas. See section 4 of act Mar. 3, 1925, as amended by Pub. L. 86–777, which is classified to section 167b of this title.

Section 164, acts Mar. 3, 1925, ch. 426, §3, 43 Stat. 1111; Mar. 3, 1927, ch. 355, 44 Stat. 1387; Sept. 1, 1937, ch. 895, 50 Stat. 886, related to disposal of helium by sale, upon request of Army or Navy or other Federal Government agencies, or for medicinal, scientific or commercial use, to deposit and use of funds obtained by sale of gas, and to an annual report to Congress by Secretary of the Interior on said funds. See section 6 of act Mar. 3, 1925, as amended by Pub. L. 86–777, which is classified to section 167d of this title.

§165. Repealed. Aug. 26, 1954, ch. 937, title V, §542(a)(13), 68 Stat. 861

Section, acts Mar. 3, 1925, ch. 426, §4, 43 Stat. 1111; Mar. 3, 1927, ch. 355, 44 Stat. 1388; Sept. 1, 1937, ch. 895, 50 Stat. 887, related to exportation of helium gas. See section 2778 of Title 22, Foreign Relations and Intercourse.

§166. Omitted

Editorial Notes

Codification

Section, acts Mar. 3, 1925, ch. 426, §5, 43 Stat. 1111; Mar. 3, 1927, ch. 355, 44 Stat. 1388; Sept. 1, 1937, ch. 895, 50 Stat. 887; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501, authorized Secretaries of Army and Navy to designate representatives to cooperate with Department of the Interior to effectuate the purposes of this chapter, and gave them the right of access to plants, data, and accounts. See section 7 of act Mar. 3, 1925, as amended by Pub. L. 86–777, which is classified to section 167e of this title.

§167. Definitions

In this chapter:

(1) Cliffside Field

The term "Cliffside Field" means the helium storage reservoir in which the Federal Helium Reserve is stored.

(2) Federal Helium Pipeline

The term "Federal Helium Pipeline" means the federally owned pipeline system through which helium for the Federal Helium Reserve may be transported.

(3) Federal Helium Reserve

The term "Federal Helium Reserve" means helium reserves owned by the United States.

(4) Federal Helium System

The term "Federal Helium System" means—

(A) the Federal Helium Reserve;

(B) the Cliffside Field;

(C) the Federal Helium Pipeline; and

(D) all other infrastructure owned, leased, or managed under contract by the Secretary for the storage, transportation, withdrawal, enrichment, purification, or management of helium.

(5) Federal user

The term "Federal user" means a Federal agency or extramural holder of one or more Federal research grants using helium.

(6) Low-Btu gas

The term "low-Btu gas" means a fuel gas with a heating value of less than 250 Btu per standard cubic foot measured as the higher heating value resulting from the inclusion of noncombustible gases, including nitrogen, helium, argon, and carbon dioxide.

(7) Person

The term "person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, or State or political subdivision.

(8) Priority pipeline access

The term "priority pipeline access" means the first priority of delivery of crude helium under which the Secretary schedules and ensures the delivery of crude helium to a helium refinery through the Federal Helium System.

(9) Qualified bidder

(A) In general

The term "qualified bidder" means a person the Secretary determines is seeking to purchase helium for their own use, refining, or redelivery to users.

(B) Exclusion

The term "qualified bidder" does not include a person who was previously determined to be a qualified bidder if the Secretary determines that the person did not meet the requirements of a qualified bidder under this chapter.

(10) Qualifying domestic helium transaction

The term "qualifying domestic helium transaction" means any agreement entered into or renegotiated agreement during the preceding 1-year period in the United States for the purchase or sale of at least 15,000,000 standard cubic feet of crude or pure helium to which any holder of a contract with the Secretary for the acceptance, storage, delivery, or redelivery of crude helium from the Federal Helium System is a party.

(11) Refiner

The term "refiner" means a person with the ability to take delivery of crude helium from the Federal Helium Pipeline and refine the crude helium into pure helium.

(12) Secretary

The term "Secretary" means the Secretary of the Interior.

(Mar. 3, 1925, ch. 426, §2, as added Pub. L. 86–777, §2, Sept. 13, 1960, 74 Stat. 918; amended Pub. L. 113–40, §2, Oct. 2, 2013, 127 Stat. 534.)

Editorial Notes

Prior Provisions

A prior section 2 of act Mar. 3, 1925, authorized Bureau of Mines to produce helium gas and was classified to section 163 of this title, prior to the general amendment of this chapter by Pub. L. 86–777.

Amendments

2013—Pub. L. 113–40 amended section generally. Prior to amendment, section defined "Secretary", "person", "helium-bearing natural gas", and "helium-gas mixture".

Statutory Notes and Related Subsidiaries

Effective Date of 1960 Amendment

Pub. L. 86–777, §3, Sept. 13, 1960, 74 Stat. 923, provided that: "The amendment made by this Act [enacting this section and sections 167a to 167n of this title] shall become effective on March 1, 1961."

Short Title of 2013 Amendment

Pub. L. 113–40, §1, Oct. 2, 2013, 127 Stat. 534, provided that: "This Act [see Tables for classification] may be cited as the 'Helium Stewardship Act of 2013'."

Short Title of 1996 Amendment

Pub. L. 104–273, §1, Oct. 9, 1996, 110 Stat. 3315, provided that: "This Act [amending sections 167a to 167d, 167f, 167j, and 167m of this title] may be cited as the 'Helium Privatization Act of 1996'."

Short Title of 1960 Amendment

Pub. L. 86–777, §1, Sept. 13, 1960, 74 Stat. 918, provided that: "This Act [enacting this section, sections 167a to 167n of this title, and provisions set out as notes below] may be cited as the 'Helium Act Amendments of 1960'."

Short Title

Section 1 of act Mar. 3, 1925, as added by Pub. L. 86–777, §2, provided that: "This Act [enacting this section, sections 167a to 167n of this title, and provisions set out as a note below] may be cited as the 'Helium Act'."

Regulations

Pub. L. 113–40, §9, Oct. 2, 2013, 127 Stat. 544, provided that: "The Secretary of the Interior shall promulgate such regulations as are necessary to carry out this Act [see Tables for classification] and the amendments made by this Act, including regulations necessary to prevent unfair acts and practices."

Separability

Act Mar. 3, 1925, ch. 426, §20, formerly §17, as added Pub. L. 86–777, §2, Sept. 13, 1960, 74 Stat. 923, renumbered §20, Pub. L. 113–40, §6(2), Oct. 2, 2013, 127 Stat. 540, provided that: "If any provision of this Act [enacting this section, sections 167a to 167n of this title, and provisions set out as a note above], 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 than those as to which it is held invalid, shall not be affected thereby."

Existing Agreements

Pub. L. 113–40, §8, Oct. 2, 2013, 127 Stat. 544, provided that:

"(a) In General.—This Act [see Tables for classification] and the amendments made by this Act shall not affect or diminish the rights and obligations of the Secretary of the Interior and private parties under agreements in existence on the date of enactment of this Act [Oct. 2, 2013], except to the extent that the agreements are renewed or extended after that date.

"(b) Delivery.—No agreement described in subsection (a) shall affect or diminish the right of any party that purchases helium after the date of enactment of this Act in accordance with section 6 of the Helium Act (50 U.S.C. 167d) (as amended by section 5) to receive delivery of the helium in accordance with section 5(e)(2) of the Helium Act (50 U.S.C. 167c(e)(2)) (as amended by section 4)."

Severance Package for Helium Operations Employees

Pub. L. 106–113, div. B, §1000(a)(3) [title I, §112], Nov. 29, 1999, 113 Stat. 1535, 1501A-157, provided that:

"(a) Employees of Helium Operations, Bureau of Land Management, entitled to severance pay under 5 U.S.C. 5595, may apply for, and the Secretary of the Interior may pay, the total amount of the severance pay to the employee in a lump sum. Employees paid severance pay in a lump sum and subsequently reemployed by the Federal Government shall be subject to the repayment provisions of 5 U.S.C. 5595(i)(2) and (3), except that any repayment shall be made to the Helium Fund.

"(b) Helium Operations employees who elect to continue health benefits after separation shall be liable for not more than the required employee contribution under 5 U.S.C. 8905a(d)(1)(A). The Helium Fund shall pay for 18 months the remaining portion of required contributions.

"(c) The Secretary of the Interior may provide for training to assist Helium Operations employees in the transition to other Federal or private sector jobs during the facility shut-down and disposition process and for up to 12 months following separation from Federal employment, including retraining and relocation incentives on the same terms and conditions as authorized for employees of the Department of Defense in section 348 of the National Defense Authorization Act for Fiscal Year 1995 [Pub. L. 103–337, 10 U.S.C. 1597 note].

"(d) For purposes of the annual leave restoration provisions of 5 U.S.C. 6304(d)(1)(B), the cessation of helium production and sales, and other related Helium Program activities shall be deemed to create an exigency of public business under, and annual leave that is lost during leave years 1997 through 2001 because of 5 U.S.C. 6304 (regardless of whether such leave was scheduled in advance) shall be restored to the employee and shall be credited and available in accordance with 5 U.S.C. 6304(d)(2). Annual leave so restored and remaining unused upon the transfer of a Helium Program employee to a position of the executive branch outside of the Helium Program shall be liquidated by payment to the employee of a lump sum from the Helium Fund for such leave.

"(e) Benefits under this section shall be paid from the Helium Fund in accordance with section 4(c)(4) of the Helium Privatization Act of 1996 [probably means the Helium Act, which is classified to section 167b(c)(4) of this title]. Funds may be made available to Helium Program employees who are or will be separated before October 1, 2002 because of the cessation of helium production and sales and other related activities. Retraining benefits, including retraining and relocation incentives, may be paid for retraining commencing on or before September 30, 2002.

"(f) This section shall remain in effect through fiscal year 2002."

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 105–277, div. A, §101(e) [title I, §112], Oct. 21, 1998, 112 Stat. 2681–231, 2681-254.

Pub. L. 105–83, title I, §113, Nov. 14, 1997, 111 Stat. 1562.

§167a. Authority of Secretary

(a) Extraction and disposal of helium on Federal lands

(1) In general

The Secretary may enter into agreements with private parties for the recovery and disposal of helium on Federal lands upon such terms and conditions as the Secretary deems fair, reasonable, and necessary.

(2) Leasehold rights

The Secretary may grant leasehold rights to any such helium.

(3) Limitation

The Secretary may not enter into any agreement by which the Secretary sells such helium other than to a private party with whom the Secretary has an agreement for recovery and disposal of helium.

(4) Regulations

Agreements under paragraph (1) may be subject to such regulations as may be prescribed by the Secretary.

(5) Existing rights

An agreement under paragraph (1) shall be subject to any rights of any affected Federal oil and gas lessee that may be in existence prior to the date of the agreement.

(6) Terms and conditions

An agreement under paragraph (1) (and any extension or renewal of an agreement) shall contain such terms and conditions as the Secretary may consider appropriate.

(7) Prior agreements

This subsection shall not in any manner affect or diminish the rights and obligations of the Secretary and private parties under agreements to dispose of helium produced from Federal lands in existence on October 9, 1996, except to the extent that such agreements are renewed or extended after October 9, 1996.

(b) Storage, transportation, and sale

The Secretary may store, transport, and sell helium only in accordance with this chapter.

(c) Extraction of helium from deposits on Federal land

All amounts received by the Secretary from the sale or disposition of helium on Federal land shall be credited to the Helium Production Fund established under section 167d(e) of this title.

(Mar. 3, 1925, ch. 426, §3, as added Pub. L. 86–777, §2, Sept. 13, 1960, 74 Stat. 918; amended Pub. L. 104–273, §3, Oct. 9, 1996, 110 Stat. 3315; Pub. L. 113–40, §3, Oct. 2, 2013, 127 Stat. 535.)

Editorial Notes

Prior Provisions

A prior section 3 of act Mar. 3, 1925, related to disposal of helium by sale, use of funds so obtained, and reports to Congress on such uses and was classified to section 164 of this title, prior to the general amendment of this chapter by Pub. L. 86–777.

Amendments

2013—Subsec. (c). Pub. L. 113–40 added subsec. (c).

1996—Pub. L. 104–273 amended section generally. Prior to amendment, section enumerated various aspects of Secretary's authority, including provisions in subsec. (a) relating to conserving, producing, buying, and selling helium, in subsec. (b) relating to helium on public domain, and in subsec. (c) relating to contract price for helium.

§167b. Storage, transportation, and withdrawal of crude helium

(a) Storage, transportation, and withdrawal

The Secretary may store, transport, and withdraw crude helium and maintain and operate crude helium storage facilities, in existence on October 9, 1996, at the Bureau of Mines Cliffside Field, and related helium transportation and withdrawal facilities.

(b) Cessation of production, refining, and marketing

Not later than 18 months after October 9, 1996, the Secretary shall cease producing, refining, and marketing refined helium and shall cease carrying out all other activities relating to helium which the Secretary was authorized to carry out under this chapter before October 9, 1996, except activities described in subsection (a).

(c) Disposal of facilities

(1) In general

Subject to paragraph (5), not later than 24 months after the cessation of activities referred to in subsection (b) of this section, the Secretary shall designate as excess property and dispose of all facilities, equipment, and other real and personal property, and all interests therein, held by the United States for the purpose of producing, refining and marketing refined helium.

(2) Applicable law

The disposal of such property shall be in accordance with chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.

(3) Proceeds

All proceeds accruing to the United States by reason of the sale or other disposal of such property shall be treated as moneys received under this chapter for purposes of section 167d(e) of this title.

(4) Costs

All costs associated with such sale and disposal (including costs associated with termination of personnel) and with the cessation of activities under subsection (b) shall be paid from amounts available in the helium production fund established under section 167d(e) of this title.

(5) Exception

Paragraph (1) shall not apply to any facilities, equipment, or other real or personal property, or any interest therein, necessary for the storage, transportation, and withdrawal of crude helium or any equipment, facilities, or other real or personal property, required to maintain the purity, quality control, and quality assurance of crude helium in the Bureau of Mines Cliffside Field.

(d) Existing contracts

(1) In general

All contracts that were entered into by any person with the Secretary for the purchase by the person from the Secretary of refined helium and that are in effect on October 9, 1996, shall remain in force and effect until the date on which the refining operations cease, as described in subsection (b).

(2) Costs

Any costs associated with the termination of contracts described in paragraph (1) shall be paid from the helium production fund established under section 167d(e) of this title.

(Mar. 3, 1925, ch. 426, §4, as added Pub. L. 86–777, §2, Sept. 13, 1960, 74 Stat. 920; amended Pub. L. 104–273, §3, Oct. 9, 1996, 110 Stat. 3316; Pub. L. 113–40, §7(a), Oct. 2, 2013, 127 Stat. 544.)

Editorial Notes

Codification

In subsec. (c)(2), "chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" substituted for "the Federal Property and Administrative Services Act of 1949" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Prior Provisions

A prior section 4 of act Mar. 3, 1925, related to exportation of helium gas and was classified to section 165 of this title, prior to repeal by act Aug. 26, 1954, ch. 937, title V, §542(a)(13), 68 Stat. 861.

Amendments

2013—Subsecs. (c)(3), (4), (d)(2). Pub. L. 113–40 substituted "section 167d(e)" for "section 167d(f)".

1996—Pub. L. 104–273 amended section generally. Prior to amendment, section consisted of single par. authorizing Secretary to maintain and operate helium production and purification plants and to conduct or contract for research as to helium production, purification, transportation, liquefaction, storage, and utilization.

§167c. Storage, withdrawal and transportation

(a) In general

If the Secretary provides helium storage, withdrawal, or transportation services to any person, the Secretary shall impose a fee on the person that accurately reflects the economic value of those services.

(b) Minimum fees

The fees charged under subsection (a) shall be not less than the amount required to reimburse the Secretary for the full costs of providing storage, withdrawal, or transportation services, including capital investments in upgrades and maintenance at the Federal Helium System.

(c) Schedule of fees

Prior to sale or auction under subsection (a), (b), or (c) of section 167d of this title, the Secretary shall annually publish a standardized schedule of fees that the Secretary will charge under this section.

(d) Treatment

All fees received by the Secretary under this section shall be credited to the Helium Production Fund established under section 167d(e) of this title.

(e) Storage and delivery

In accordance with this section, the Secretary shall—

(1) allow any person or qualified bidder to which crude helium is sold or auctioned under section 167d of this title to store helium in the Federal Helium Reserve; and

(2) establish a schedule for the transportation and delivery of helium using the Federal Helium System that—

(A) ensures timely delivery of helium auctioned pursuant to section 167d(b)(2) of this title;

(B) ensures timely delivery of helium acquired from the Secretary from the Federal Helium Reserve by means other than an auction under section 167d(b)(2) of this title, including nonallocated sales; and

(C) provides priority access to the Federal Helium Pipeline for in-kind sales for Federal users.

(f) New Pipeline access

The Secretary shall consider any applications for access to the Federal Helium Pipeline in a manner consistent with the schedule for phasing out commercial sales and disposition of assets pursuant to section 167d of this title.

(Mar. 3, 1925, ch. 426, §5, as added Pub. L. 86–777, §2, Sept. 13, 1960, 74 Stat. 920; amended Pub. L. 104–273, §3, Oct. 9, 1996, 110 Stat. 3317; Pub. L. 113–40, §4, Oct. 2, 2013, 127 Stat. 535.)

Editorial Notes

Prior Provisions

A prior section 5 of act Mar. 3, 1925, authorized governmental cooperation with Department of the Interior to effectuate the purposes of this chapter and was classified to section 166 of this title, prior to the general amendment of this chapter by Pub. L. 86–777.

Amendments

2013—Pub. L. 113–40 amended section generally. Prior to amendment, section related to fees for storage, transportation, and withdrawal.

1996—Pub. L. 104–273 amended section generally. Prior to amendment, section related to licensing for extraction, transportation, and sale of helium under Federal helium refining program, including provisions in subsec. (a) relating to rules and regulations, in subsec. (b) relating to terms, assignments, and revocations of licenses, in subsec. (c) relating to purpose of licenses, and in subsec. (d) relating to suspension of licenses and reacquisition of helium supplies in times of war or national emergency.

§167d. Sale of crude helium

(a) Phase A: allocation transition

(1) In general

The Secretary shall offer crude helium for sale in such quantities, at such times, at not less than the minimum price established under subsection (b)(7), and under such terms and conditions as the Secretary determines necessary to carry out this subsection with minimum market disruption.

(2) Federal purchases

Federal users may purchase refined helium with priority pipeline access under this subsection from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium at the in-kind price from the Secretary.

(3) Duration

This subsection applies during—

(A) the period beginning on October 2, 2013, and ending on September 30, 2014; and

(B) any period during which the sale of helium under subsection (b) is delayed or suspended.

(b) Phase B: auction implementation

(1) In general

The Secretary shall offer crude helium for sale in quantities not subject to auction under paragraph (2), after completion of each auction, at not less than the minimum price established under paragraph (7), and under such terms and conditions as the Secretary determines necessary—

(A) to maximize total recovery of helium from the Federal Helium Reserve over the long term;

(B) to maximize the total financial return to the taxpayer;

(C) to manage crude helium sales according to the ability of the Secretary to extract and produce helium from the Federal Helium Reserve;

(D) to give priority to meeting the helium demand of Federal users in the event of any disruption to the Federal Helium Reserve; and

(E) to carry out this subsection with minimum market disruption.

(2) Auction quantities

For the period described in paragraph (4) and consistent with the conditions described in paragraph (8), the Secretary shall annually auction to any qualified bidder a quantity of crude helium in the Federal Helium Reserve equal to—

(A) for fiscal year 2015, 10 percent of the total volume of crude helium made available for that fiscal year;

(B) for each of fiscal years 2016 through 2019, a percentage of the total volume of crude helium that is 15 percentage points greater than the percentage made available for the previous fiscal year; and

(C) for fiscal year 2020 and each fiscal year thereafter, 100 percent of the total volume of crude helium made available for that fiscal year.

(3) Federal purchases

Federal users may purchase refined helium with priority pipeline access under this subsection from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium at the in-kind price from the Secretary.

(4) Duration

This subsection applies during the period—

(A) beginning on October 1, 2014; and

(B) ending on the date on which the volume of recoverable crude helium at the Federal Helium Reserve (other than privately owned quantities of crude helium stored temporarily at the Federal Helium Reserve under section 167c of this title and this section) is 3,000,000,000 standard cubic feet.

(5) Safety valve

The Secretary may adjust the quantities specified in paragraph (2)—

(A) downward, if the Secretary determines the adjustment necessary—

(i) to minimize market disruptions that pose a threat to the economic well-being of the United States; and

(ii) only after submitting a written justification of the adjustment to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives; or

(B) upward, if the Secretary determines the adjustment necessary to increase participation in crude helium auctions or returns to the taxpayer.

(6) Auction format

The Secretary shall conduct each auction using a method that maximizes revenue to the Federal Government.

(7) Prices

The Secretary shall annually establish, as applicable, separate sale and minimum auction prices under subsection (a)(1) and paragraphs (1) and (2) using, if applicable and in the following order of priority:

(A) The sale price of crude helium in auctions held by the Secretary under paragraph (2).

(B) Price recommendations and disaggregated data from a qualified, independent third party who has no conflict of interest, who shall conduct a confidential survey of qualifying domestic helium transactions.

(C) The volume-weighted average price of all crude helium and pure helium purchased, sold, or processed by persons in all qualifying domestic helium transactions.

(D) The volume-weighted average cost of converting gaseous crude helium into pure helium.

(8) Terms and conditions

(A) In general

The Secretary shall require all persons that are parties to a contract with the Secretary for the withdrawal, acceptance, storage, transportation, delivery, or redelivery of crude helium to disclose, on a strictly confidential basis—

(i) the volumes and associated prices in dollars per thousand cubic feet of all crude and pure helium purchased, sold, or processed by persons in qualifying domestic helium transactions;

(ii) the volumes and associated costs in dollars per thousand cubic feet of converting crude helium into pure helium; and

(iii) refinery capacity and future capacity estimates.

(B) Condition

As a condition of sale or auction to a refiner under subsection (a)(1) and paragraphs (1) and (2), effective beginning 90 days after October 2, 2013, the refiner shall make excess refining capacity of helium available at commercially reasonable rates to—

(i) any person prevailing in auctions under paragraph (2); and

(ii) any person that has acquired crude helium from the Secretary from the Federal Helium Reserve by means other than an auction under paragraph (2) after October 2, 2013, including nonallocated sales.

(9) Use of information

The Secretary may use the information collected under this chapter—

(A) to approximate crude helium prices; and

(B) to ensure the recovery of fair value for the taxpayers of the United States from sales of crude helium.

(10) Protection of confidentiality

The Secretary shall adopt such administrative policies and procedures as the Secretary considers necessary and reasonable to ensure the confidentiality of information submitted pursuant to this chapter.

(11) Forward auctions

Effective beginning in fiscal year 2016, the Secretary may conduct a forward auction once each fiscal year of a quantity of helium that is equal to up to 10 percent of the volume of crude helium to be made available at auction during the following fiscal year if the Secretary determines that the forward auction will—

(A) not cause a disruption in the supply of helium from the Reserve;

(B) represent a cost-effective action;

(C) generate greater returns for taxpayers; and

(D) increase the effectiveness of price discovery.

(12) Sale schedule and frequency

For fiscal year 2015 the Secretary shall conduct only one auction, which shall precede, and one sale, which shall take place no later than August 1, 2014, with full and final payment for the sale being made no later than September 26, 2014. Consistent with the annual volumes established under paragraph (2), effective beginning in fiscal year 2016, the Secretary may conduct auctions twice during each fiscal year if the Secretary determines that the auction frequency will—

(A) not cause a disruption in the supply of helium from the Reserve;

(B) represent a cost-effective action;

(C) generate greater returns for taxpayers; and

(D) increase the effectiveness of price discovery.

(13) One-time sale

(A) In general

Notwithstanding paragraph (4)(A), the Secretary shall hold a one-time sale of helium, no later than August 1, 2014 from amounts available in fiscal year 2016 pursuant to this section. Full and final payment for the sale must be made no later than 45 days after the date the sale takes place.

(B) Volume sold

The volume of helium sold under this paragraph—

(i) shall be at least 250 million cubic feet; and

(ii) shall be made available for sale consistent with paragraph (2)(B).

(c) Phase C: continued access for Federal users

(1) In general

The Secretary shall offer crude helium for sale to Federal users in such quantities, at such times, at such prices required to reimburse the Secretary for the full costs of the sales, and under such terms and conditions as the Secretary determines necessary to carry out this subsection.

(2) Federal purchases

Federal users may purchase refined helium with priority pipeline access under this subsection from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium at the in-kind price from the Secretary.

(3) Effective date

This subsection applies beginning on the day after the date described in subsection (b)(4)(B).

(d) Phase D: disposal of assets

(1) In general

Not earlier than 2 years after the date of commencement of Phase C described in subsection (c) and not later than September 30, 2021, the Secretary shall designate as excess property and dispose of all facilities, equipment, and other real and personal property, and all interests in the same, held by the United States in the Federal Helium System.

(2) Applicable law

The disposal of the property described in paragraph (1) shall be in accordance with subtitle I of title 40.

(3) Proceeds

All proceeds accruing to the United States by reason of the sale or other disposal of the property described in paragraph (1) shall be treated as funds received under this chapter for purposes of subsection (e).

(4) Costs

All costs associated with the sale and disposal (including costs associated with termination of personnel) and with the cessation of activities under this subsection shall be paid from amounts available in the Helium Production Fund established under subsection (e).

(e) Helium Production Fund

(1) In general

All amounts received under this chapter, including amounts from the sale or auction of crude helium, shall be credited to the Helium Production Fund, which shall be available without fiscal year limitation for purposes determined to be necessary and cost effective by the Secretary to carry out this chapter (other than sections 167n, 167o, and 167p of this title), including capital investments in upgrades and maintenance at the Federal Helium System, including—

(A) well head maintenance at the Cliffside Field;

(B) capital investments in maintenance and upgrades of facilities that pressurize the Cliffside Field;

(C) capital investments in maintenance and upgrades of equipment related to the storage, withdrawal, enrichment, transportation, purification, and sale of crude helium from the Federal Helium Reserve;

(D) entering into purchase, lease, or other agreements to drill new or uncap existing wells to maximize the recovery of crude helium from the Federal Helium System; and

(E) any other scheduled or unscheduled maintenance of the Federal Helium System.

(2) Excess funds

Amounts in the Helium Production Fund in excess of amounts the Secretary determines to be necessary to carry out paragraph (1) shall be paid to the general fund of the Treasury and used to reduce the annual Federal budget deficit.

(3) Retirement of public debt

Out of amounts paid to the general fund of the Treasury under paragraph (2), the Secretary of the Treasury shall use $51,000,000 to retire public debt.

(4) Report

Not later than 1 year after October 2, 2013, and annually thereafter, the Secretary of the Interior shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing all expenditures by the Bureau of Land Management to carry out this chapter.

(f) Minimum quantity

The Secretary shall offer for sale or auction during each fiscal year under subsections (a), (b), and (c) a quantity of crude helium that is the lesser of—

(1) the quantity of crude helium offered for sale by the Secretary during fiscal year 2012; or

(2) the maximum total production capacity of the Federal Helium System.

(Mar. 3, 1925, ch. 426, §6, as added Pub. L. 86–777, §2, Sept. 13, 1960, 74 Stat. 921; amended Pub. L. 104–273, §4, Oct. 9, 1996, 110 Stat. 3317; Pub. L. 113–40, §5, Oct. 2, 2013, 127 Stat. 536.)

Editorial Notes

Amendments

2013—Pub. L. 113–40 amended section generally. Prior to amendment, section related to sale of helium.

1996—Subsec. (a). Pub. L. 104–273, §4(a), substituted "from persons who have entered into enforceable contracts to purchase an equivalent amount of crude helium from the Secretary" for "from the Secretary".

Subsec. (b). Pub. L. 104–273, §4(b), inserted "crude" before "helium" and inserted at end "Except as may be required by reason of subsection (a), sales of crude helium under this section shall be in amounts as the Secretary determines, in consultation with the helium industry, necessary to carry out this subsection with minimum market disruption."

Subsec. (c). Pub. L. 104–273, §4(c)(2), which directed the amendment of subsec. (c) by substituting "all funds required to be repaid to the United States as of October 1, 1995 under this section (referred to in this subsection as 'repayable amounts'). The price at which crude helium is sold by the Secretary shall not be less than the amount determined by the Secretary by—" and pars. (1) and (2) for "together with interest as provided in this subsection" and all that followed through the end of the subsec., was executed by making the substitution for language which read "together with interest as provided in subsection (d) of this section, the following:" along with former pars. (1) to (3), to reflect the probable intent of Congress. Prior to amendment, pars. (1) to (3) read as follows:

"(1) Within twenty-five years from September 13, 1960, the net capital and retained earnings of the helium production fund (established under section 164 of this title prior to amendment by the Helium Act Amendments of 1960), determined by the Secretary as of September 13, 1960, plus any moneys expended thereafter by the Department of the Interior from funds provided in the Supplemental Appropriation Act, 1959, for construction of a helium plant at Keyes, Oklahoma;

"(2) Within twenty-five years from the date of borrowing, all funds borrowed, as provided in section 167j of this chapter, to acquire and construct helium plants and facilities; and

"(3) Within twenty-five years from September 13, 1960, unless the Secretary determines that said period should be extended for not more than ten years, all funds borrowed, as provided in section 167j of this title for all purposes other than those specified in clause (2) above."

Pub. L. 104–273, §4(c)(1), inserted "crude" after "Sales of".

Subsec. (d). Pub. L. 104–273, §4(d), inserted heading and amended text generally. Prior to amendment, text read as follows: "Compound interest on the amounts specified in clauses (1), (2), and (3) of subsection (c) which have not been paid to the Treasury shall be calculated annually at rates determined by the Secretary of the Treasury taking into consideration the current average market yields of outstanding marketable obligations of the United States having maturities comparable to the investments authorized by this chapter, except that the interest rate on the amounts specified in clause (1) of subsection (c) shall be determined as of Sept. 13, 1960, and the interest rate on the obligations specified in clauses (2) and (3) of subsection (c) as of the time of each borrowing."

Subsecs. (e), (f). Pub. L. 104–273, §4(e), (f), redesignated subsec. (f) as (e)(1), added par. (2), and struck out former subsec. (e) which read as follows: "Helium shall be sold for medical purposes at prices which will permit its general use therefor; and all sales of helium to non-Federal purchasers shall be upon condition that the Federal Government shall have a right to repurchase helium so sold that has not been lost or dissipated, when needed for Government use, under terms and at prices established by regulations."

Statutory Notes and Related Subsidiaries

Transfer of Functions

Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See also Transfer of Functions notes set out under those sections.

§167e. Intragovernmental cooperation

The Secretary of Defense and the Chairman of the Atomic Energy Commission may each designate representatives to cooperate with the Secretary in carrying out the purposes of this chapter, and shall have complete right of access to plants, data, and accounts.

(Mar. 3, 1925, ch. 426, §7, as added Pub. L. 86–777, §2, Sept. 13, 1960, 74 Stat. 921.)

Statutory Notes and Related Subsidiaries

Transfer of Functions

Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See also Transfer of Functions notes set out under those sections.

§167f. Repealed. Pub. L. 113–40, §7(b), Oct. 2, 2013, 127 Stat. 544

Section, act Mar. 3, 1925, ch. 426, §8, as added Pub. L. 86–777, §2, Sept. 13, 1960, 74 Stat. 922; amended Pub. L. 104–273, §5, Oct. 9, 1996, 110 Stat. 3318, related to elimination of helium stockpile.

§167g. Promulgation of rules and regulations

The Secretary is authorized to establish and promulgate such rules and regulations, as are consistent with the directions of this chapter and are necessary to carry out the provisions hereof.

(Mar. 3, 1925, ch. 426, §9, as added Pub. L. 86–777, §2, Sept. 13, 1960, 74 Stat. 922.)

§167h. Administrative procedure

(a) The provisions of subchapter II of chapter 5 of title 5 shall apply to any agency proceeding and any agency action taken under this chapter, including the issuance of rules and regulations, and the terms "agency proceeding" and "agency action" shall have the meaning specified in subchapter II of chapter 5 of title 5.

(b) In any proceeding under this chapter for the granting, suspending, revoking, or amending of any license, or application to transfer control thereof, and in any proceeding for the issuance or modification of rules and regulations dealing with the activities of licensees, the Secretary shall grant a hearing upon the request of any person whose interest may be affected by the proceeding, and shall admit any such person as a party to such proceeding. Any final order entered in any such proceeding shall be subject to judicial review in the manner prescribed in chapter 158 of title 28, and to the provisions of chapter 7 of title 5.

(Mar. 3, 1925, ch. 426, §10, as added Pub. L. 86–777, §2, Sept. 13, 1960, 74 Stat. 922.)

Editorial Notes

Codification

In subsecs. (a) and (b), "subchapter II of chapter 5 of title 5" and "chapter 7 of title 5" substituted for "the Administrative Procedure Act of June 11, 1946 (60 Stat. 637; 5 U.S.C. 1001–1011), as amended", "the Administrative Procedure Act", and "section 10 of the Administrative Procedure Act", respectively, on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

In subsec. (b), "chapter 158 of title 28" substituted for "the Act of December 29, 1950 (64 Stat. 1129; 5 U.S.C. 1031–1042), as amended" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, section 4(e) of which enacted chapter 158 of Title 28, Judiciary and Judicial Procedure.

§167i. Exclusion from Natural Gas Act provisions

The provisions of the Natural Gas Act of June 21, 1938, as amended [15 U.S.C. 717 et seq.], shall not be applicable to the sale, extraction, processing, transportation, or storage of helium either prior to or subsequent to the separation of such helium from the natural gas with which it is commingled, whether or not the provisions of such Act apply to such natural gas, and in determining the rates of a natural gas company under sections 4 and 5 of the Natural Gas Act, as amended [15 U.S.C. 717c, 717d], whenever helium is extracted from helium-bearing natural gas, there shall be excluded (1) all income received from the sale of helium; (2) all direct costs incurred in the extraction, processing, compression, transportation or storage of helium; and (3) that portion of joint costs of exploration, production, gathering, extraction, processing, compression, transportation or storage divided and allocated to helium on a volumetric basis.

(Mar. 3, 1925, ch. 426, §11, as added Pub. L. 86–777, §2, Sept. 13, 1960, 74 Stat. 922.)

Editorial Notes

References in Text

The Natural Gas Act of June 21, 1938, as amended, referred to in text, means act June 21, 1938, ch. 556, 52 Stat. 821, known as the Natural Gas Act, which is classified generally to chapter 15B (§717 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 717w of Title 15 and Tables.

§167j. Land conveyance in Potter County, Texas

(a) In general

The Secretary of the Interior shall transfer all right, title, and interest of the United States in and to the parcel of land described in subsection (b) to the Texas Plains Girl Scout Council for consideration of $1, reserving to the United States such easements as may be necessary for pipeline rights-of-way.

(b) Land description

The parcel of land referred to in subsection (a) is all those certain lots, tracts or parcels of land lying and being situated in the County of Potter and State of Texas, and being the East Three Hundred Thirty-One (E331) acres out of Section Seventy-eight (78) in Block Nine (9), B.S. & F. Survey, (some times known as the G.D. Landis pasture) Potter County, Texas, located by certificate No. 1/39 and evidenced by letters patents Nos. 411 and 412 issued by the State of Texas under date of November 23, 1937, and of record in Vol. 66A of the Patent Records of the State of Texas. The metes and bounds description of such lands is as follows:

(1) First tract

One Hundred Seventy-one (171) acres of land known as the North part of the East part of said survey Seventy-eight (78) aforesaid, described by metes and bounds as follows:

Beginning at a stone 20 x 12 x 3 inches marked X, set by W.D. Twichell in 1905, for the Northeast corner of this survey and the Northwest corner of Section 59;

Thence, South 0 degrees 12 minutes East with the West line of said Section 59, 999.4 varas to the Northeast corner of the South 160 acres of East half of Section 78;

Thence, North 89 degrees 47 minutes West with the North line of the South 150 acres of the East half, 956.8 varas to a point in the East line of the West half Section 78;

Thence, North 0 degrees 10 minutes West with the East line of the West half 999.4 varas to a stone 18 x 14 x 3 inches in the middle of the South line of Section 79;

Thence, South 89 degrees 47 minutes East 965 varas to the place of beginning.

(2) Second tract

One Hundred Sixty (160) acres of land known as the South part of the East part of said survey No. Seventy-eight (78) described by metes and bounds as follows:

Beginning at the Southwest corner of Section 59, a stone marked X and a pile of stones; Thence, North 89 degrees 47 minutes West with the North line of Section 77, 966.5 varas to the Southeast corner of the West half of Section 78; Thence, North 0 degrees 10 minutes West with the East line of the West half of Section 78;

Thence, South 89 degrees 47 minutes East 965.8 varas to a point in the East line of Section 78;

Thence, South 0 degrees 12 minutes East 934.6 varas to the place of beginning.

Containing an area of 331 acres, more or less.

(Mar. 3, 1925, ch. 426, §12, as added Pub. L. 86–777, §2, Sept. 13, 1960, 74 Stat. 923; amended Pub. L. 104–273, §6, Oct. 9, 1996, 110 Stat. 3318.)

Editorial Notes

Amendments

1996—Pub. L. 104–273 amended section generally. Prior to amendment, section related to Secretary's authority under Federal helium refining program to obtain loans and issue obligations to carry out program.

§167k. Violations; penalties

Whoever willfully violates, attempts to violate, or conspires to violate, any provision of this chapter or any regulation or order issued or any terms of a license granted thereunder shall, upon conviction thereof, be punished by a fine of not more than $5,000 or by imprisonment for not more than two years, or both, except that whoever commits such an offense with intent to injure the United States or with intent to secure an advantage to any foreign nation, shall upon conviction thereof, be punished by a fine of not more than $20,000 or by imprisonment for not more than twenty years, or both.

(Mar. 3, 1925, ch. 426, §13, as added Pub. L. 86–777, §2, Sept. 13, 1960, 74 Stat. 923.)

§167l. Injunctions

Whenever in the judgment of the Secretary any person has engaged or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of this chapter, or any regulation or order issued or any term of a license granted thereunder, any such act or practice may be enjoined by any district court having jurisdiction of such person, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States.

(Mar. 3, 1925, ch. 426, §14, as added Pub. L. 86–777, §2, Sept. 13, 1960, 74 Stat. 923.)

§167m. Information

(a) Transparency

The Secretary, acting through the Bureau of Land Management, shall make available on the Internet information relating to the Federal Helium System that includes—

(1) continued publication of an open market and in-kind price;

(2) aggregated projections of excess refining capacity;

(3) ownership of helium held in the Federal Helium Reserve;

(4) the volume of helium delivered to persons through the Federal Helium Pipeline;

(5) pressure constraints of the Federal Helium Pipeline;

(6) an estimate of the projected date when 3,000,000,000 standard cubic feet of crude helium will remain in the Federal Helium Reserve and the final phase described in section 167d(c) of this title will begin;

(7) the amount of the fees charged under section 167c of this title;

(8) the scheduling of crude helium deliveries through the Federal Helium Pipeline; and

(9) other factors that will increase transparency.

(b) Reporting

Not later than 90 days after October 2, 2013, to provide the market with appropriate and timely information affecting the helium resource, the Director of the Bureau of Land Management shall establish a timely and public reporting process to provide data that affects the helium industry, including—

(1) annual maintenance schedules and quarterly updates, that shall include—

(A) the date and duration of planned shutdowns of the Federal Helium Pipeline;

(B) the nature of work to be undertaken on the Federal Helium System, whether routine, extended, or extraordinary;

(C) the anticipated impact of the work on the helium supply;

(D) the efforts being made to minimize any impact on the supply chain; and

(E) any concerns regarding maintenance of the Federal Helium Pipeline, including the pressure of the pipeline or deviation from normal operation of the pipeline;

(2) for each unplanned outage, a description of—

(A) the beginning of the outage;

(B) the expected duration of the outage;

(C) the nature of the problem;

(D) the estimated impact on helium supply;

(E) a plan to correct problems, including an estimate of the potential timeframe for correction and the likelihood of plan success within the timeframe;

(F) efforts to minimize negative impacts on the helium supply chain; and

(G) updates on repair status and the anticipated online date;

(3) monthly summaries of meetings and communications between the Bureau of Land Management and the Cliffside Refiners Limited Partnership, including a list of participants and an indication of any actions taken as a result of the meetings or communications; and

(4) current predictions of the lifespan of the Federal Helium System, including how much longer the crude helium supply will be available based on current and forecasted demand and the projected maximum production capacity of the Federal Helium System for the following fiscal year.

(Mar. 3, 1925, ch. 426, §15, as added Pub. L. 113–40, §6(3), Oct. 2, 2013, 127 Stat. 541.)

Editorial Notes

Prior Provisions

A prior section 167m, act Mar. 3, 1925, ch. 426, §15, as added Pub. L. 86–777, §2, Sept. 13, 1960, 74 Stat. 923; amended Pub. L. 104–273, §7, Oct. 9, 1996, 110 Stat. 3319, related to a National Academy of Sciences study and report on helium, prior to repeal by Pub. L. 113–40, §6(1), Oct. 2, 2013, 127 Stat. 540.

§167n. Helium gas resource assessment

(a) In general

Not later than 2 years after October 2, 2013, the Secretary, acting through the Director of the United States Geological Survey, shall—

(1) in coordination with appropriate heads of State geological surveys—

(A) complete a national helium gas assessment that identifies and quantifies the quantity of helium, including the isotope helium-3, in each reservoir, including assessments of the constituent gases found in each helium resource, such as carbon dioxide, nitrogen, and natural gas; and

(B) make available the modern seismic and geophysical log data for characterization of the Bush Dome Reservoir;

(2) in coordination with appropriate international agencies and the global geology community, complete a global helium gas assessment that identifies and quantifies the quantity of the helium, including the isotope helium-3, in each reservoir;

(3) in coordination with the Secretary of Energy, acting through the Administrator of the Energy Information Administration, complete—

(A) an assessment of trends in global demand for helium, including the isotope helium-3;

(B) a 10-year forecast of domestic demand for helium across all sectors, including scientific and medical research, commercial, manufacturing, space technologies, cryogenics, and national defense; and

(C) an inventory of medical, scientific, industrial, commercial, and other uses of helium in the United States, including Federal uses, that identifies the nature of the helium use, the amounts required, the technical and commercial viability of helium recapture and recycling in that use, and the availability of material substitutes wherever possible; and

(4) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the results of the assessments required under this paragraph.

(b) Authorization of appropriations

There is authorized to be appropriated to carry out this section $1,000,000.

(Mar. 3, 1925, ch. 426, §16, as added Pub. L. 113–40, §6(3), Oct. 2, 2013, 127 Stat. 542.)

Editorial Notes

Prior Provisions

A prior section 167n, act Mar. 3, 1925, ch. 426, §16, as added Pub. L. 86–777, §2, Sept. 13, 1960, 74 Stat. 923, directed the Secretary of the Interior to make annual reports to Congress, prior to repeal by Pub. L. 105–362, title IX, §901(q), Nov. 10, 1998, 112 Stat. 3291.

§167o. Low-Btu gas separation and helium conservation

(a) Authorization

The Secretary of Energy shall support programs of research, development, commercial application, and conservation (including the programs described in subsection (b))—

(1) to expand the domestic production of low-Btu gas and helium resources;

(2) to separate and capture helium from natural gas streams; and

(3) to reduce the venting of helium and helium-bearing low-Btu gas during natural gas exploration and production.

(b) Programs

(1) Membrane technology research

The Secretary of Energy, in consultation with other appropriate agencies, shall support a civilian research program to develop advanced membrane technology that is used in the separation of low-Btu gases, including technologies that remove helium and other constituent gases that lower the Btu content of natural gas.

(2) Helium separation technology

The Secretary of Energy shall support a research program to develop technologies for separating, gathering, and processing helium in low concentrations that occur naturally in geological reservoirs or formations, including—

(A) low-Btu gas production streams; and

(B) technologies that minimize the atmospheric venting of helium gas during natural gas production.

(3) Industrial helium program

The Secretary of Energy, working through the Advanced Manufacturing Office of the Department of Energy, shall carry out a research program—

(A) to develop low-cost technologies and technology systems for recycling, reprocessing, and reusing helium for all medical, scientific, industrial, commercial, aerospace, and other uses of helium in the United States, including Federal uses; and

(B) to develop industrial gathering technologies to capture helium from other chemical processing, including ammonia processing.

(c) Authorization of appropriations

There is authorized to be appropriated to carry out this section $3,000,000.

(Mar. 3, 1925, ch. 426, §17, as added Pub. L. 113–40, §6(3), Oct. 2, 2013, 127 Stat. 542.)

Editorial Notes

Prior Provisions

A prior section 17 of act Mar. 3, 1925, ch. 426, was redesignated section 20 and is set out as a Separability note under section 167 of this title.

§167p. Helium-3 separation

(a) Interagency cooperation

The Secretary shall cooperate with the Secretary of Energy, or a designee, on any assessment or research relating to the extraction and refining of the isotope helium-3 from crude helium and other potential sources, including—

(1) gas analysis; and

(2) infrastructure studies.

(b) Feasibility study

The Secretary, in consultation with the Secretary of Energy, or a designee, may carry out a study to assess the feasibility of—

(1) establishing a facility to separate the isotope helium-3 from crude helium; and

(2) exploring other potential sources of the isotope helium-3.

(c) Report

Not later than 1 year after October 2, 2013, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that contains a description of the results of the assessments conducted under this section.

(d) Authorization of appropriations

There is authorized to be appropriated to carry out this section $1,000,000.

(Mar. 3, 1925, ch. 426, §18, as added Pub. L. 113–40, §6(3), Oct. 2, 2013, 127 Stat. 543.)

§167q. Federal agency helium acquisition strategy

In anticipation of the implementation of Phase D described in section 167d(d) of this title, and not later than 2 years after October 2, 2013, the Secretary (in consultation with the Secretary of Energy, the Secretary of Defense, the Director of the National Science Foundation, the Administrator of the National Aeronautics and Space Administration, the Director of the National Institutes of Health, and other agencies as appropriate) shall submit to Congress a report that provides for Federal users—

(1) an assessment of the consumption of, and projected demand for, crude and refined helium;

(2) a description of a 20-year Federal strategy for securing access to helium;

(3) a determination of a date prior to September 30, 2021, for the implementation of Phase D as described in section 167d(d) of this title that minimizes any potential supply disruptions for Federal users;

(4) an assessment of the effects of increases in the price of refined helium and methods and policies for mitigating any determined effects; and

(5) a description of a process for prioritization of uses that accounts for diminished availability of helium supplies that may occur over time.

(Mar. 3, 1925, ch. 426, §19, as added Pub. L. 113–40, §6(3), Oct. 2, 2013, 127 Stat. 544.)

CHAPTER 11—ACQUISITION OF AND EXPENDITURES ON LAND FOR NATIONAL-DEFENSE PURPOSES

§§171, 171–1. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 171, acts Aug. 18, 1890, ch. 797, §1, 26 Stat. 316; July 2, 1917, ch. 35, 40 Stat. 241; Apr. 11, 1918, ch. 51, 40 Stat. 518, authorized Secretary of War to institute condemnation proceedings for acquisition of land, to purchase land, and to accept donations of land. See section 2663 of Title 10, Armed Forces.

Section 171–1, act Oct. 25, 1951, ch. 563, §101, 65 Stat. 641, granted certain condemnation authority to Secretary of Navy. See sections 2663 and 2668 of Title 10.

§171a. Omitted

Editorial Notes

Codification

Section, act July 2, 1917, ch. 35, §2, as added Mar. 27, 1942, ch. 199, title II, §201, 56 Stat. 177, related to acquisition of real property during war, and terminated on Dec. 28, 1945 by act Mar. 27, 1942, ch. 199, title II, §202, as added Dec. 28, 1945, ch. 590, §1(a), 59 Stat. 658.

§171b. Repealed. Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1570

Section, acts Aug. 3, 1956, ch. 939, title IV, §406, 70 Stat. 1015; Aug. 20, 1958, Pub. L. 85–685, title V, §510, 72 Stat. 662, related to acquisition of land not exceeding $5,000 in cost.

§§172, 173. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 172, act July 9, 1918, ch. 143, subch. XV §8, 40 Stat. 888, related to acquisition of property for production of lumber. See section 2665 of Title 10, Armed Forces.

Section 173, act Apr. 28, 1904, ch. 1762, §1, 33 Stat. 497, related to purchase of land for quarters and barracks in addition to sites for fortifications.

§174. Omitted

Editorial Notes

Codification

Section, act Aug. 18, 1890, ch. 797, §1, 26 Stat. 316, provided that nothing contained in former section 171 of this title should be construed to authorize an expenditure or involve the Government in any contract for future payment of money in excess of sums appropriated therefor.

§175. Transferred

Editorial Notes

Codification

Section, R.S. §355; June 28, 1930, ch. 710, 46 Stat. 828; Feb. 1, 1940, ch. 18, 54 Stat. 19; Oct. 9, 1940, ch. 793, 54 Stat. 1083; Sept. 1, 1970, Pub. L. 91–393, §1, 84 Stat. 835, which related to approval of title prior to Federal land purchases, payment of title expenses, application to Tennessee Valley Authority, and Federal jurisdiction over acquisitions, was transferred to section 255 of former Title 40, Public Buildings, Property, and Works, and was repealed and reenacted as sections 3111 and 3112 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as amended by Pub. L. 108–178, §2(a)(8), Dec. 15, 2003, 117 Stat. 2638, 2640.

§176. Omitted

Editorial Notes

Codification

Section, act Mar. 28, 1918, ch. 28, §1, 40 Stat. 460, authorized acquisition of property on Hudson River owned by North German Lloyd Dock Company and Hamburg-American Line Terminal & Navigation Company and provided that section 175 of this title did not apply to expenditures authorized in connection with such property. The President, by proclamation dated June 28, 1918, took possession of such property.

§§177 to 179. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat 641

Section 177, act June 25, 1906, ch. 3540, 34 Stat. 463, related to contracts for construction of fortifications and other works of defense.

Section 178, act Apr. 11, 1898, No. 21, 30 Stat. 737, provided for erection of forts in emergency. See sections 4776 and 9776 of Title 10, Armed Forces.

Section 179, act June 30, 1921, ch. 33, §1, 42 Stat. 81, related to chargeability of appropriations with respect to transportation cost incident to construction and maintenance of seacoast fortifications.

CHAPTER 12—VESSELS IN TERRITORIAL WATERS OF UNITED STATES

        

§191. Transferred

Editorial Notes

Codification

Section, act June 15, 1917, ch. 30, title II, §1, 40 Stat. 220; Aug. 9, 1950, ch. 656, §1, 64 Stat. 427; Sept. 26, 1950, ch. 1049, §2(b), 64 Stat. 1038; Pub. L. 96–70, title III, §3302(a), Sept. 27, 1979, 93 Stat. 498; Pub. L. 104–208, div. C, title VI, §649, Sept. 30, 1996, 110 Stat. 3009–711; Pub. L. 108–293, title II, §223, Aug. 9, 2004, 118 Stat. 1040; Pub. L. 115–232, div. C, title XXXV, §3548(a), Aug. 13, 2018, 132 Stat. 2328; Pub. L. 115–282, title IV, §407(b)(1)–(4), Dec. 4, 2018, 132 Stat. 4267, was transferred to section 70051 of Title 46, Shipping, by Pub. L. 115–282, title IV, §407(b)(5), Dec. 4, 2018, 132 Stat. 4267.

§191a. Transfer of Secretary of Transportation's powers to Secretary of Navy when Coast Guard operates as part of Navy

When the Coast Guard operates as a part of the Navy pursuant to section 3 ¹ of title 14, the powers conferred on the Secretary of Transportation by section 191 ¹ of this title, shall vest in and be exercised by the Secretary of the Navy.

(Nov. 15, 1941, ch. 471, §2, 55 Stat. 763; Pub. L. 87–845, §11, Oct. 18, 1962, 76A Stat. 699; Pub. L. 89–670, §6(b)(1), Oct. 15, 1966, 80 Stat. 938.)

Editorial Notes

References in Text

Section 3 of title 14, referred to in text, was redesignated section 103 of title 14 by Pub. L. 115–282, title I, §103(b), Dec. 4, 2018, 132 Stat. 4195, and references to section 3 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Redesignated Sections of Title 14 note preceding section 101 of Title 14, Coast Guard.

Section 191 of this title, referred to in text, was redesignated and transferred to section 70051 of Title 46, Shipping, by Pub. L. 115–282, title IV, §407(b)(1), (5), Dec. 4, 2018, 132 Stat. 4267.

Amendments

1962—Pub. L. 87–845 substituted "section 3 of title 14" for "section 1 of title 14".

Statutory Notes and Related Subsidiaries

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–845 effective Jan. 2, 1963, see section 25 of Pub. L. 87–845, set out as a note under section 414 of Title 28, Judiciary and Judicial Procedure.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

"Secretary of Transportation" substituted in text for "Secretary of the Treasury" pursuant to section 6(b)(1) of Pub. L. 89–670, which transferred Coast Guard to Department of Transportation and transferred to and vested in Secretary of Transportation functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of other officers and offices of Department of the Treasury. See section 108 of Title 49, Transportation.

¹ See References in Text note below.

§191b. Repealed. Pub. L. 96–70, title III, §3303(a)(5), Sept. 27, 1979, 93 Stat. 499

Section, acts Nov. 15, 1941, ch. 471, §4, 55 Stat. 763; Sept. 26, 1950, ch. 1049, §2(b), 64 Stat. 1038; Oct. 18, 1962, Pub. L. 87–845, §12, 76A Stat. 699, provided that this section, section 191a of this title, and section 91 of title 14 not affect the authority of the Governor of the Canal Zone conferred by section 191 of this title or section 34 of Title 2, Canal Zone Code.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Oct. 1, 1979, see section 3304 of Pub. L. 96–70, set out as an Effective Date note under section 3601 of Title 22, Foreign Relations and Intercourse.

§191c. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561

Section, act Nov. 15, 1941, ch. 471, §1, 55 Stat. 763, related to control of anchorage and movement of vessels to insure safety of naval vessels. See section 527 of Title 14, Coast Guard.

§192. Transferred

Editorial Notes

Codification

Section, act June 15, 1917, ch. 30, title II, §2, 40 Stat. 220; Mar. 28, 1940, ch. 72, §3(a), 54 Stat. 79; Nov. 15, 1941, ch. 471, §3, 55 Stat. 763; Aug. 9, 1950, ch. 656, §3, 64 Stat. 428; Pub. L. 107–295, title I, §104(b), Nov. 25, 2002, 116 Stat. 2085; Pub. L. 108–293, title VIII, §802(b), Aug. 9, 2004, 118 Stat. 1079; Pub. L. 115–282, title IV, §407(c)(1), (2), Dec. 4, 2018, 132 Stat. 4267, was transferred to section 70052 of Title 46, Shipping, by Pub. L. 115–282, title IV, §407(c)(3), Dec. 4, 2018, 132 Stat. 4267.

§193. Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862

Section, acts June 15, 1917, ch. 30, title II, §3, 40 Stat. 220; Mar. 28, 1940, ch. 72, §3(b), 54 Stat. 79, related to destruction of, injury to, or improper use of vessels. See section 2274 of Title 18, Crimes and Criminal Procedure.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.

§194. Transferred

Editorial Notes

Codification

Section, act June 15, 1917, ch. 30, title II, §4, 40 Stat. 220; Aug. 9, 1950, ch. 656, §2, 64 Stat. 428; Pub. L. 115–282, title IV, §407(d)(1), (2), Dec. 4, 2018, 132 Stat. 4267, was transferred to section 70053 of Title 46, Shipping, by Pub. L. 115–282, title IV, §407(d)(3), Dec. 4, 2018, 132 Stat. 4267.

§195. Definitions

In this Act:

(1) United states.—The term "United States" includes all territory and waters, continental or insular, subject to the jurisdiction of the United States.

(2) Territorial waters.—The term "territorial waters of the United States" includes all waters of the territorial sea of the United States as described in Presidential Proclamation 5928 of December 27, 1988.

(June 15, 1917, ch. 30, title XIII, §1, 40 Stat. 231; Pub. L. 96–70, title III, §3302(b), Sept. 27, 1979, 93 Stat. 498; Pub. L. 107–295, title I, §104(a), Nov. 25, 2002, 116 Stat. 2085.)

Editorial Notes

References in Text

This Act, referred to in text, means act June 15, 1917, ch. 30, 40 Stat. 217. For complete classification of this Act to the Code, see Tables.

Presidential Proclamation 5928 of December 27, 1988, referred to in par. (2), is set out as a note under section 1331 of Title 43, Public Lands.

Codification

Section was formerly classified to section 40 of this title. In the original this section defined "United States" as used in act June 15, 1917. Other provisions of that act were contained in sections 31 to 42 of this title and certain sections of former Title 18, Criminal Code and Criminal Procedure. The definition of "United States" as used in present provisions derived from those former sections is covered by section 5 of Title 18, Crimes and Criminal Procedure.

Amendments

2002—Pub. L. 107–295 added introductory provisions, designated existing provisions as par. (1), inserted heading, struck out "as used in this Act" before "includes", and added par. (2).

1979—Pub. L. 96–70 struck out "the Canal Zone and" after "this Act includes".

Statutory Notes and Related Subsidiaries

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96–70, set out as an Effective Date note under section 3601 of Title 22, Foreign Relations and Intercourse.

Separability

Act June 15, 1917, ch. 30, title XIII, §4, 40 Stat. 231, provided: "If any clause, sentence, paragraph, or part of this Act [see Tables for classification] shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered."

§§196 to 198. Transferred

Editorial Notes

Codification

Section 196, Aug. 9, 1954, ch. 659, §1, 68 Stat. 675; Pub. L. 96–70, title III, §3302(c), Sept. 27, 1979, 93 Stat. 498; Pub. L. 97–31, §12(152), Aug. 6, 1981, 95 Stat. 167, was redesignated as and transferred to section 56309 of Title 46, Shipping, by Pub. L. 115–91, div. C, title XXXV, §3504(a)(1), Dec. 12, 2017, 131 Stat. 1911.

Section 197, Aug. 9, 1954, ch. 659, §2, 68 Stat. 675; Pub. L. 97–31, §12(152), Aug. 6, 1981, 95 Stat. 167, was redesignated as and transferred to section 56310 of Title 46, Shipping, by Pub. L. 115–91, div. C, title XXXV, §3504(b)(1), Dec. 12, 2017, 131 Stat. 1912.

Section 198, Aug. 9, 1954, ch. 659, §3, 68 Stat. 675; Pub. L. 89–670, §6(b)(1), (2), Oct. 15, 1966, 80 Stat. 938; Pub. L. 97–31, §12(152), Aug. 6, 1981, 95 Stat. 167, was redesignated as and transferred to section 56311 of Title 46, Shipping, by Pub. L. 115–91, div. C, title XXXV, §3504(c)(1), Dec. 12, 2017, 131 Stat. 1912.

CHAPTER 13—INSURRECTION

        

§§201 to 204. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 201, R.S. §5297, provided for Federal aid for State Governments in case of an insurrection in any State. See section 251 of Title 10, Armed Forces.

Section 202, R.S. §5298, related to use of military and naval forces to enforce authority of Federal Government. See section 252 of Title 10.

Section 203, R.S. §5299, related to denial by State of equal protection of laws and authorized the President to take measures for the suppression of any insurrection, domestic violence, or combinations. See section 253 of Title 10.

Section 204, R.S. §5300, authorized the President to issue a proclamation commanding insurgents to disperse. See section 254 of Title 10.

§205. Suspension of commercial intercourse with State in insurrection

Whenever the President, in pursuance of the provisions of this chapter, has called forth the militia to suppress combinations against the laws of the United States, and to cause the laws to be duly executed, and the insurgents shall have failed to disperse by the time directed by the President, and when the insurgents claim to act under the authority of any State or States, and such claim is not disclaimed or repudiated by the persons exercising the functions of government in such State or States, or in the part or parts thereof in which such combination exists, and such insurrection is not suppressed by such State or States, or whenever the inhabitants of any State or part thereof are at any time found by the President to be in insurrection against the United States, the President may, by proclamation, declare that the inhabitants of such State, or of any section or part thereof where such insurrection exists, are in a state of insurrection against the United States; and thereupon all commercial intercourse by and between the same and the citizens thereof and the citizens of the rest of the United States shall cease and be unlawful so long as such condition of hostility shall continue; and all goods and chattels, wares and merchandise, coming from such State or section into the other parts of the United States, or proceeding from other parts of the United States to such State or section, by land or water, shall, together with the vessel or vehicle conveying the same, or conveying persons to or from such State or section, be forfeited to the United States.

(R.S. §5301.)

Editorial Notes

Codification

R.S. §5301 derived from acts July 13, 1861, ch. 3, §5, 12 Stat. 257; July 31, 1861, ch. 32, 12 Stat. 284.

§206. Suspension of commercial intercourse with part of State in insurrection

Whenever any part of a State not declared to be in insurrection is under the control of insurgents, or is in dangerous proximity to places under their control, all commercial intercourse therein and therewith shall be subject to the prohibitions and conditions of section 205 of this title for such time and to such extent as shall become necessary to protect the public interests, and be directed by the Secretary of the Treasury, with the approval of the President.

(R.S. §5302.)

Editorial Notes

Codification

R.S. §5302 derived from act July 2, 1864, ch. 225, §5, 13 Stat. 376.

§207. Persons affected by suspension of commercial intercourse

The provisions of this chapter in relation to commercial intercourse shall apply to all commercial intercourse by and between persons residing or being within districts within the lines of national military occupation in the States or parts of States declared in insurrection, whether with each other or with persons residing or being within districts declared in insurrection and not within those lines; and all persons within the United States, not native or naturalized citizens thereof, shall be subject to the same prohibitions, in all commercial intercourse with inhabitants of States or parts of States declared in insurrection, as citizens of States not declared to be in insurrection.

(R.S. §5303.)

Editorial Notes

Codification

R.S. §5303 derived from act July 2, 1864, ch. 225, §4, 13 Stat. 376.

§208. Licensing or permitting commercial intercourse with State or region in insurrection

The President may, in his discretion, license and permit commercial intercourse with any part of such State or section, the inhabitants of which are so declared in a state of insurrection, so far as may be necessary to authorize supplying the necessities of loyal persons residing in insurrectionary States, within the lines of actual occupation by the military forces of the United States, as indicated by published order of the commanding general of the department or district so occupied; and, also, so far as may be necessary to authorize persons residing within such lines to bring or send to market in the loyal States any products which they shall have produced with their own labor or the labor of freedmen, or others employed and paid by them, pursuant to rules relating thereto, which may be established under proper authority. And no goods, wares, or merchandise shall be taken into a State declared in insurrection, or transported therein, except to and from such places and to such monthly amounts as shall have been previously agreed upon, in writing, by the commanding general of the department in which such places are situated, and an officer designated by the Secretary of the Treasury for that purpose. Such commercial intercourse shall be in such articles and for such time and by such persons as the President, in his discretion, may think most conducive to the public interest; and, so far as by him licensed, shall be conducted and carried on only in pursuance of rules and regulations prescribed by the Secretary of the Treasury.

(R.S. §5304.)

Editorial Notes

Codification

R.S. §5304 derived from acts July 13, 1861, ch. 3, §5, 12 Stat. 257; July 2, 1864, ch. 225, §9, 13 Stat. 377.

§209. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 632

Section, R.S. §5305, related to appointment of officers to carry into effect licenses to trade in State or region in an insurrection.

§210. Penalties for unauthorized trading, etc.; jurisdiction of prosecutions

Every officer of the United States, civil, military, or naval, and every sutler, soldier, marine, or other person, who takes, or causes to be taken into a State declared to be in insurrection, or to any other point to be thence taken into such State, or who transports or sells, or otherwise disposes of therein, any goods, wares, or merchandise whatsoever, except in pursuance of license and authority of the President, as provided in this chapter, or who makes any false statement or representation upon which license and authority is granted for such transportation, sale, or other disposition, or who, under any license or authority obtained, willfully and knowingly transports, sells, or otherwise disposes of any other goods, wares, or merchandise than such as are in good faith so licensed and authorized, or who willfully and knowingly transports, sells, or disposes of the same, or any portion thereof, in violation of the terms of such license or authority, or of any rule or regulation prescribed by the Secretary of the Treasury concerning the same, or who is guilty of any act of embezzlement, of willful misappropriation of public or private money or property, of keeping false accounts, or of willfully making any false returns, shall be deemed guilty of a misdemeanor, and shall be fined not more than $5,000, and imprisoned in the penitentiary not more than three years. Violations of this section shall be cognizable before any court, civil or military, competent to try the same.

(R.S. §5306.)

Editorial Notes

Codification

R.S. §5306 derived from act July 2, 1864, ch. 225, §10, 13 Stat. 377.

§211. Investigations to detect and prevent frauds and abuses

It shall be the duty of the Secretary of the Treasury, from time to time, to institute such investigations as may be necessary to detect and prevent frauds and abuses in any trade or transactions which may be licensed between inhabitants of loyal States and of States in insurrection. And the agents making such investigations shall have power to compel the attendance of witnesses, and to make examinations on oath.

(R.S. §5307.)

Editorial Notes

Codification

R.S. §5307 derived from act July 2, 1864, ch. 225, §10, 13 Stat. 377.

§212. Confiscation of property employed to aid insurrection

Whenever during any insurrection against the Government of the United States, after the President shall have declared by proclamation that the laws of the United States are opposed, and the execution thereof obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the power vested in the marshals by law, any person, or his agent, attorney, or employee, purchases or acquires, sells or gives, any property of whatsoever kind or description, with intent to use or employ the same, or suffers the same to be used or employed in aiding, abetting, or promoting such insurrection or resistance to the laws, or any person engaged therein; or being the owner of any such property, knowingly uses or employs, or consents to such use or employment of the same, all such property shall be lawful subject of prize and capture wherever found; and it shall be the duty of the President to cause the same to be seized, confiscated, and condemned.

(R.S. §5308.)

Editorial Notes

Codification

R.S. §5308 derived from act Aug. 6, 1861, ch. 60, §1, 12 Stat. 319.

§213. Jurisdiction of confiscation proceedings

Such prizes and capture shall be condemned in the district court of the United States having jurisdiction of the amount, or in admiralty in any district in which the same may be seized, or into which they may be taken and proceedings first instituted.

(R.S. §5309; Feb. 27, 1877, ch. 69, §1, 19 Stat. 253; Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167.)

Editorial Notes

Codification

R.S. §5309 derived from act Aug. 6, 1861, ch. 60, §2, 12 Stat. 319.

Act Mar. 3, 1911, conferred the powers and duties of the former circuit courts upon the district courts.

Amendments

1877—Act Feb. 27, 1877, inserted "may" after "any district in which the same".

§214. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section, R.S. §5310, provided that property taken on inland waters of the United States was not a maritime prize. See section 7651 of Title 10, Armed Forces.

§215. Institution of confiscation proceedings

The Attorney General, or the United States attorney for any judicial district in which such property may at the time be, may institute the proceedings of condemnation, and in such case they shall be wholly for the benefit of the United States; or any person may file an information with such attorney, in which case the proceedings shall be for the use of such informer and the United States in equal parts.

(R.S. §5311; June 25, 1948, ch. 646, §1, 62 Stat. 909.)

Editorial Notes

Codification

R.S. §5311 derived from act Aug. 6, 1861, ch. 60, §3, 12 Stat. 319.

Statutory Notes and Related Subsidiaries

Change of Name

Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States attorney" for "attorney of the United States". See section 541 of Title 28, Judiciary and Judicial Procedure, and Historical and Revision Notes thereunder.

§216. Preventing transportation of goods to aid insurrection

The Secretary of the Treasury is authorized to prohibit and prevent the transportation in any vessel, or upon any railroad, turnpike, or other road or means of transportation within the United States, of any property, whatever may be the ostensible destination of the same, in all cases where there are satisfactory reasons to believe that such property is intended for any place in the possession or under the control of insurgents against the United States, or that there is imminent danger that such property will fall into the possession or under the control of such insurgents; and he is further authorized, in all cases where he deems it expedient so to do, to require reasonable security to be given that property shall not be transported to any place under insurrectionary control, and shall not, in any way, be used to give aid or comfort to such insurgents; and he may establish all such general or special regulations as may be necessary or proper to carry into effect the purposes of this section; and if any property is transported in violation of this chapter, or of any regulation of the Secretary of the Treasury, established in pursuance thereof, or if any attempt shall be made so to transport any, it shall be forfeited.

(R.S. §5312.)

Editorial Notes

Codification

R.S. §5312 derived from act May 20, 1862, ch. 81, §3, 12 Stat. 404.

§217. Trading in captured or abandoned property

All persons in the military or naval service of the United States are prohibited from buying or selling, trading, or in any way dealing in captured or abandoned property, whereby they shall receive or expect any profit, benefit, or advantage to themselves, or any other person, directly or indirectly connected with them; and it shall be the duty of such person whenever such property comes into his possession or custody, or within his control, to give notice thereof to some agent, appointed by virtue of this chapter, and to turn the same over to such agent without delay. Any officer of the United States, civil, military, or naval, or any sutler, soldier, or marine, or other person who shall violate any provision of this section, shall be deemed guilty of a misdemeanor, and shall be fined not more than $5,000, and imprisoned in the penitentiary not more than three years. Violations of this section shall be cognizable before any court, civil or military, competent to try the same.

(R.S. §5313.)

Editorial Notes

Codification

R.S. §5313 derived from act July 2, 1864, ch. 225, §10, 13 Stat. 377.

§218. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 632

Section, R.S. §5314; act Mar. 2, 1929, ch. 510, §1, 45 Stat. 1496, related to authority of President in collection of duties to change ports of entry in case of insurrection.

§219. Removal of customhouse and detention of vessels thereat

Whenever, at any port of entry, the duties on imports cannot, in the judgment of the President, be collected in the ordinary way, or by the course provided in section 218 ¹ of this title, by reason of the cause mentioned in said section, he may direct that the customhouse for the district be established in any secure place within the district, either on land or on board any vessel in the district, or at sea near the coast; and in such case the collector shall reside at such place, or on shipboard, as the case may be, and there detain all vessels and cargoes arriving within or approaching the district, until the duties imposed by law on such vessels and their cargoes are paid in cash. But if the owner or consignee of the cargo on board any vessel thus detained, or the master of the vessel, desires to enter a port of entry in any other district where no such obstructions to the execution of the laws exist, the master may be permitted so to change the destination of the vessel and cargo in his manifest; whereupon the collector shall deliver him a written permit to proceed to the port so designated. And the Secretary of the Treasury, with the approval of the President, shall make proper regulations for the enforcement on shipboard of such provisions of the laws regulating the assessment and collection of duties as in his judgment may be necessary and practicable.

(R.S. §5315.)

Editorial Notes

References in Text

Section 218 of this title, referred to in text, was repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 632.

Codification

R.S. §5315 derived from acts July 13, 1861, ch. 3, §2, 12 Stat. 256; Mar. 3, 1875, ch. 136, §2, 18 Stat. 469.

Executive Documents

Transfer of Functions

All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise of the Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.

¹ See References in Text note below.

§220. Enforcement of section 219

It shall be unlawful to take any vessel or cargo detained under section 219 of this title from the custody of the proper officers of the customs, unless by process of some court of the United States; and in case of any attempt otherwise to take such vessel or cargo by any force, or combination, or assemblage of persons, too great to be overcome by the officers of the customs, the President, or such person as he shall have empowered for that purpose, may employ such part of the Army or Navy or militia of the United States, or such force of citizen volunteers as may be necessary, to prevent the removal of such vessel or cargo, and to protect the officers of the customs in retaining the custody thereof.

(R.S. §5316.)

Editorial Notes

Codification

R.S. §5316 derived from act July 12, 1861, ch. 3, §3, 12 Stat. 256.

Executive Documents

Transfer of Functions

All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise of Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.

§221. Closing ports of entry; forfeiture of vessels seeking to enter closed port

Whenever, in any collection district, the duties on imports can not, in the judgment of the President, be collected in the ordinary way, nor in the manner provided by sections 218 ¹ to 220 of this title, by reason of the cause mentioned in section 218 of this title, the President may close the port of entry in that district; and shall in such case give notice thereof by proclamation. And thereupon all right of importation, warehousing, and other privileges incident to ports of entry shall cease and be discontinued at such port so closed until it is opened by the order of the President on the cessation of such obstructions. Every vessel from beyond the United States, or having on board any merchandise liable to duty, which attempts to enter any port which has been closed under this section, shall, with her tackle, apparel, furniture, and cargo, be forfeited.

(R.S. §5317.)

Editorial Notes

References in Text

Section 218 of this title, referred to in text, was repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 632.

Codification

R.S. §5317 derived from act July 12, 1861, ch. 3, §4, 12 Stat. 256.

Executive Documents

Transfer of Functions

All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise of Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.

¹ See References in Text note below.

§222. Transferred

Editorial Notes

Codification

Section, R.S. §5318; act Jan. 28, 1915, ch. 20, §1, 38 Stat. 800, related to use of auxiliary vessels to enforce this chapter and was transferred to section 540 of Title 19, Customs Duties.

§223. Forfeiture of vessels owned by citizens of insurrectionary States

From and after fifteen days after the issuing of the proclamation, as provided in section 205 of this title, any vessel belonging in whole or in part to any citizen or inhabitant of such State or part of a State whose inhabitants are so declared in a state of insurrection, found at sea, or in any port of the rest of the United States, shall be forfeited.

(R.S. §5319.)

Editorial Notes

Codification

R.S. §5319 derived from act July 12, 1861, ch. 3, §7, 12 Stat. 257.

§224. Refusing clearance to vessels with suspected cargoes; forfeiture for departing without clearance

The Secretary of the Treasury is authorized to refuse a clearance to any vessel or other vehicle laden with merchandise, destined for a foreign or domestic port, whenever he shall have satisfactory reason to believe that such merchandise, or any part thereof, whatever may be its ostensible destination, is intended for ports in possession or under control of insurgents against the United States; and if any vessel for which a clearance or permit has been refused by the Secretary of the Treasury, or by his order, shall depart or attempt to depart for a foreign or domestic port without being duly cleared or permitted, such vessel, with her tackle, apparel, furniture, and cargo, shall be forfeited.

(R.S. §5320.)

Editorial Notes

Codification

R.S. §5320 derived from act May 20, 1862, ch. 81, §1, 12 Stat. 404.

§225. Bond to deliver cargo at destination named in clearance

Whenever a permit or clearance is granted for either a foreign or domestic port, it shall be lawful for the collector of the customs granting the same, if he deems it necessary, under the circumstances of the case, to require a bond to be executed by the master or the owner of the vessel, in a penalty equal to the value of the cargo, and with sureties to the satisfaction of such collector, that the cargo shall be delivered at the destination for which it is cleared or permitted, and that no part thereof shall be used in affording aid or comfort to any person or parties in insurrection against the authority of the United States.

(R.S. §5321.)

Editorial Notes

Codification

R.S. §5321 derived from act May 20, 1862, ch. 81, §2, 12 Stat. 404.

Executive Documents

Transfer of Functions

All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise of Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.

§226. Protection of liens on condemned vessels

In all cases wherein any vessel, or other property, is condemned in any proceeding by virtue of any laws relating to insurrection or rebellion, the court rendering judgment of condemnation shall, notwithstanding such condemnation, and before awarding such vessel, or other property, or the proceeds thereof, to the United States, or to any informer, first provide for the payment, out of the proceeds of such vessel, or other property, of any bona fide claims which shall be filed by any loyal citizen of the United States, or of any foreign state or power at peace and amity with the United States, intervening in such proceeding, and which shall be duly established by evidence, as a valid claim against such vessel, or other property, under the laws of the United States or of any State thereof not declared to be in insurrection. No such claim shall be allowed in any case where the claimant has knowingly participated in the illegal use of such ship, vessel, or other property. This section shall extend to such claims only as might have been enforced specifically against such vessel, or other property, in any State not declared to be in insurrection, wherein such claim arose.

(R.S. §5322.)

Editorial Notes

Codification

R.S. §5322 derived from act Mar. 3, 1863, ch. 90, 12 Stat. 762.

CHAPTER 14—WARTIME VOTING BY LAND AND NAVAL FORCES

§§301 to 303. Repealed. Aug. 9, 1955, ch. 656, title III, §307, 69 Stat. 589

Section 301, acts Sept. 16, 1942, ch. 561, title I, §1, 56 Stat. 753; July 1, 1943, ch. 187, §§1, 5, 57 Stat. 371, granted absentee members of land or naval forces of the United States the right to vote in Presidential, Vice Presidential, and Congressional elections. See section 20301 et seq. of Title 52, Voting and Elections.

Section 302, act Sept. 16, 1942, ch. 561, title I, §2, 56 Stat. 753, exempted persons in military service in time of war from paying poll taxes or other taxes as a condition of voting in any election for President, Vice President, electors for President or Vice President, or for Senator or Member of the House of Representatives.

Section 303, acts Sept. 16, 1942, ch. 561, title I, §3, 56 Stat. 753; Apr. 1, 1944, ch. 150, 58 Stat. 136, provided for voting in accordance with State law.

Statutory Notes and Related Subsidiaries

Additional Repeal

Sections 301 to 303 were also repealed by act Aug. 10, 1956, ch. 1041, §53, 70 Stat. 641.

§§304 to 315. Repealed. Apr. 1, 1944, ch. 150, 58 Stat. 136

Section 304, act Sept. 16, 1942, ch. 561, §4, 56 Stat. 754, related to a public list of applicants.

Section 305, act Sept. 16, 1942, ch. 561, §5, 56 Stat. 754, related to form of ballots and booklets.

Section 306, act Sept. 16, 1942, ch. 561, §6, 56 Stat. 755, related to use of official envelopes.

Section 307, act Sept. 16, 1942, ch. 561, §7, 56 Stat. 756, related to transmission of ballots.

Section 308, act Sept. 16, 1942, ch. 561, §8, 56 Stat. 756, related to return of ballots.

Section 309, act Sept. 16, 1942, ch. 561, §9, 56 Stat. 756, related to certification of votes.

Section 310, act Sept. 16, 1942, ch. 561, §10, 56 Stat. 756, related to payment of expenses.

Section 311, act Sept. 16, 1942, ch. 561, §11, 56 Stat. 757, related to utilization of services of local agencies.

Section 312, act Sept. 16, 1942, ch. 561, §12, 56 Stat. 757, related to voting under State law.

Section 313, act Sept. 16, 1942, ch. 561, §13, 56 Stat. 757, related to primary elections.

Section 314, act Sept. 16, 1942, ch. 561, §14, 56 Stat. 757, related to offenses against elective franchise.

Section 315, act Sept. 16, 1942, ch. 561, §15, 56 Stat. 757, related to formality of compliance.

§§321 to 331. Repealed. Aug. 9, 1955, ch. 656, title III, §307, 69 Stat. 589

Section 321, act Sept. 16, 1942, ch. 561, title II, §201, as added Apr. 1, 1944, ch. 150, 58 Stat. 136; amended Apr. 19, 1946, ch. 142, 60 Stat. 96, related to State absentee voting legislation.

Section 322, act Sept. 16, 1942, ch. 561, title II, §202, as added Apr. 1, 1944, ch. 150, 58 Stat. 137; amended Apr. 19, 1946, ch. 142, 60 Stat. 96, related to use of post cards.

Section 323, act Sept. 16, 1942, ch. 561, title II, §203, as added Apr. 1, 1944, ch. 150, 58 Stat. 137; amended Apr. 19, 1946, ch. 142, 60 Stat. 97, related to distribution of ballots.

Section 324, act Sept. 16, 1942, ch. 561, title II, §204, as added Apr. 1, 1944, ch. 150, 58 Stat. 138; amended Apr. 19, 1946, ch. 142, 60 Stat. 97; Sept. 29, 1950, ch. 1112, §1, 64 Stat. 1082, provided for style and markings of envelopes, protective inserts, return envelopes, and size and weight of ballots and envelopes.

Section 325, act Sept. 16, 1942, ch. 561, title II, §205, as added Apr. 1, 1944, ch. 150, 58 Stat. 138; amended Apr. 19, 1946, ch. 142, 60 Stat. 97, related to signature and oath of voter.

Section 326, act Sept. 16, 1942, ch. 561, title II, §206, as added Apr. 1, 1944, ch. 150, 58 Stat. 139; amended Apr. 19, 1946, ch. 142, 60 Stat. 98, related to instructions for marking ballots.

Section 327, act Sept. 16, 1942, ch. 561, title II, §207, as added Apr. 1, 1944, ch. 150, 58 Stat. 139; amended Apr. 19, 1946, ch. 142, 60 Stat. 99, related to extension of State's time limits.

Section 328, act Sept. 16, 1942, ch. 561, title II, §208, as added Apr. 19, 1946, ch. 142, 60 Stat. 99, provided for notification of forthcoming elections by secretaries of states.

Section 329, act Sept. 16, 1942, ch. 561, title II, §209, as added Apr. 19, 1946, ch. 142, 60 Stat. 99; amended Sept. 29, 1950, ch. 1111, 64 Stat. 1082, provided for cooperation with States, printing and transmitting of post cards, and content of post cards.

Section 330, act Sept. 16, 1942, ch. 561, title II, §210, as added Apr. 19, 1946, ch. 142, 60 Stat. 101; amended July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501, related to transmission of post cards.

Section 331, act Sept. 16, 1942, ch. 561, title II, §211, as added Apr. 19, 1946, ch. 142, 60 Stat. 101; amended July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501, related to distribution of information.

A prior section 331, act Sept. 16, 1942, ch. 561, title III, §301, as added Apr. 1, 1944, ch. 150, 58 Stat. 140, related to establishment of United States War Ballot Commission and was repealed by act Apr. 19, 1946, ch. 142, 60 Stat. 96.

Statutory Notes and Related Subsidiaries

Additional Repeal

Sections 321 to 331 were also repealed by act Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641.

§§332 to 340. Repealed. Apr. 19, 1946, ch. 142, 60 Stat. 96

Section 332, act Sept. 16, 1942, ch. 561, title III, §302, as added Apr. 1, 1944, ch. 150, 58 Stat. 140, related to persons subject to this subchapter.

Section 333, act Sept. 16, 1942, ch. 561, title III, §303, as added Apr. 1, 1944, ch. 150, 58 Stat. 141, related to Federal war ballots.

Section 334, act Sept. 16, 1942, ch. 561, title III, §304, as added Apr. 1, 1944, ch. 150, 58 Stat. 143, related to administration of oaths.

Section 335, act Sept. 16, 1942, ch. 561, title III, §305, as added Apr. 1, 1944, ch. 150, 58 Stat. 143, related to administration of this subchapter.

Section 336, act Sept. 16, 1942, ch. 561, title III, §306, as added Apr. 1, 1944, ch. 150, 58 Stat. 144, related to lists of candidates.

Section 337, act Sept. 16, 1942, ch. 561, title III, §307, as added Apr. 1, 1944, ch. 150, 58 Stat. 144, related to distribution and collection of ballots.

Section 338, act Sept. 16, 1942, ch. 561, title III, §308, as added Apr. 1, 1944, ch. 150, 58 Stat. 145, related to merchant marine ballots.

Section 339, act Sept. 16, 1942, ch. 561, title III, §309, as added Apr. 1, 1944, ch. 150, 58 Stat. 145, related to transmission of ballots.

Section 340, act Sept. 16, 1942, ch. 561, title III, §310, as added Apr. 1, 1944, ch. 150, 58 Stat. 145, related to reports on balloting.

§341. Repealed. Aug. 9, 1955, ch. 656, title III, §307, 69 Stat. 589

Section, act Sept. 16, 1942, ch. 561, title III, §301, as added Apr. 19, 1946, ch. 142, 60 Stat. 101, provided for prevention of fraud, coercion, and undue influence; free discussion, and acts done in good faith.

A prior section 341, act Sept. 16, 1942, ch. 561, title III, §311, as added Apr. 1, 1944, ch. 150, 58 Stat. 146, related to validity of ballots and was repealed by act Apr. 19, 1946, ch. 142, 60 Stat. 96.

Statutory Notes and Related Subsidiaries

Additional Repeal

Section was also repealed by act Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641.

§342. Repealed. May 24, 1949, ch. 139, §142, 63 Stat. 109

Section, act Sept. 16, 1942, ch. 561, title III, §302, as added Apr. 19, 1946, ch. 142, 60 Stat. 102, related to prohibition against taking of polls. See section 596 of Title 18, Crimes and Criminal Procedure.

A prior section 342, act Sept. 16, 1942, ch. 561, title III, §312, as added Apr. 1, 1944, ch. 150, 58 Stat. 146, which provided for safeguards and secrecy of ballots and prevention of fraud and coercion as to voting, was repealed by act Apr. 19, 1946, ch. 142, 60 Stat. 102.

§§343 to 347. Repealed. Apr. 19, 1946, ch. 142, 60 Stat. 96

Section 343, act Sept. 16, 1942, ch. 561, title III, §313, as added Apr. 1, 1944, ch. 150, 58 Stat. 146, related to penalties under sections 341 to 347 of this title.

Section 344, act Sept. 16, 1942, ch. 561, title III, §314, as added Apr. 1, 1944, ch. 150, 58 Stat. 146, related to prohibition on taking polls. See section 596 of Title 18, Crimes and Criminal Procedure.

Section 344 was also repealed by act June 25, 1948, ch. 645, §21, 62 Stat. 862.

Section 345, act Sept. 16, 1942, ch. 561, title III, §315, as added Apr. 1, 1944, ch. 150, 58 Stat. 147, related to certain State officials.

Section 346, act Sept. 16, 1942, ch. 561, title III, §316, as added Apr. 1, 1944, ch. 150, 58 Stat. 147, related to agencies acting for the Secretary of State.

Section 347, act Sept. 16, 1942, ch. 561, title III, §317, as added Apr. 1, 1944, ch. 150, 58 Stat. 147, related to construction of chapter.

§§351 to 355. Repealed. Aug. 9, 1955, ch. 656, title III, §307, 69 Stat. 589

Section 351, act Sept. 16, 1942, ch. 561, title IV, §401, as added Apr. 19, 1946, ch. 142, 60 Stat. 102, defined terms for purposes of this chapter.

A prior section 351, act Sept. 16, 1942, ch. 561, title IV, §401, as added Apr. 1, 1944, ch. 150, 58 Stat. 147, authorized appropriations for purposes of this chapter and was repealed by act Apr. 19, 1946, ch. 142, 60 Stat. 96.

Section 352, act Sept. 16, 1942, ch. 561, title IV, §402, as added Apr. 19, 1946, ch. 142, 60 Stat. 102; amended Sept. 29, 1950, ch. 1112, §2, 64 Stat. 1083, related to free postage.

A prior section 352, act Sept. 16, 1942, ch. 561, title IV, §402, as added Apr. 1, 1944, ch. 150, 58 Stat. 147, related to free postage and was repealed by act Apr. 19, 1946, ch. 142, 60 Stat. 96.

Section 353, act Sept. 16, 1942, ch. 561, title IV, §403, as added Apr. 19, 1946, ch. 142, 60 Stat. 103, related to administration of this chapter.

A prior section 353, act Sept. 16, 1942, ch. 561, title IV, §403, as added Apr. 1, 1944, ch. 150, 58 Stat. 148, defined terms for purposes of this chapter and was repealed by act Apr. 19, 1946, ch. 142, 60 Stat. 96.

Section 354, act Sept. 16, 1942, ch. 561, title IV, §404, as added Apr. 19, 1946, ch. 142, 60 Stat. 103, related to separability of provisions.

A prior section 354, act Sept. 16, 1942, ch. 561, title IV, §404, as added Apr. 1, 1944, ch. 150, 58 Stat. 148, related to separability of provisions and was repealed by act Apr. 19, 1946, ch. 142, 60 Stat. 96.

Section 355, act Sept. 16, 1942, ch. 561, title IV, §405, as added Apr. 19, 1946, ch. 142, 60 Stat. 103, related to construction of this chapter.

Statutory Notes and Related Subsidiaries

Additional Repeal

Sections 351 to 355 were also repealed by act Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641.

CHAPTER 15—NATIONAL SECURITY

§401. Transferred

Editorial Notes

Codification

Section 401, comprising section 2 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3002 of this title.

§401a. Transferred

Editorial Notes

Codification

Section 401a, comprising section 3 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3003 of this title.

SUBCHAPTER I—COORDINATION FOR NATIONAL SECURITY

§402. Transferred

Editorial Notes

Codification

Section 402, comprising section 101 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3021 of this title.

The National Security Agency Act of 1959, Pub. L. 86–36, formerly set out as a note under section 402, was editorially reclassified as chapter 47 of this title.

§402–1. Transferred

Editorial Notes

Codification

Section 402–1, comprising section 101A of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3022 of this title.

§402a. Transferred

Editorial Notes

Codification

Section 402a, comprising section 811 of the Counterintelligence and Security Enhancements Act of 1994, Pub. L. 103–359, title VIII, and also of the Intelligence Authorization Act for Fiscal Year 1995, Pub. L. 103–359, was editorially reclassified as section 3381 of this title.

§402b. Transferred

Editorial Notes

Codification

Section 402b, comprising section 902 of the Counterintelligence Enhancement Act of 2002, Pub. L. 107–306, title IX, and also of the Intelligence Authorization Act for Fiscal Year 2003, Pub. L. 107–306, was editorially reclassified as section 3382 of this title.

§402c. Transferred

Editorial Notes

Codification

Section 402c, comprising section 904 of the Counterintelligence Enhancement Act of 2002, Pub. L. 107–306, title IX, and also of the Intelligence Authorization Act for Fiscal Year 2003, Pub. L. 107–306, was editorially reclassified as section 3383 of this title.

§403. Transferred

Editorial Notes

Codification

Section 403, comprising section 102 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3023 of this title.

§403–1. Transferred

Editorial Notes

Codification

Section 403–1, comprising section 102A of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3024 of this title.

§403–1a. Transferred

Editorial Notes

Codification

Section 403–1a, comprising section 1019 of the National Security Intelligence Reform Act of 2004, Pub. L. 108–458, title I, and also of the Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L. 108–458, was editorially reclassified as section 3364 of this title.

§403–1b. Transferred

Editorial Notes

Codification

Section 403–1b, comprising section 1041 of the National Security Intelligence Reform Act of 2004, Pub. L. 108–458, title I, and also of the Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L. 108–458, was editorially reclassified as section 3322 of this title.

§403–1c. Transferred

Editorial Notes

Codification

Section 403–1c, comprising section 1053 of the National Security Intelligence Reform Act of 2004, Pub. L. 108–458, title I, and also of the Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L. 108–458, was editorially reclassified as section 3321 of this title.

§403–2. Transferred

Editorial Notes

Codification

Section 403–2, comprising section 403 of the Intelligence Authorization Act, Fiscal Year 1992, Pub. L. 102–183, was editorially reclassified as section 3329 of this title.

§403–2a. Transferred

Editorial Notes

Codification

Section 403–2a, comprising section 8131 of the Department of Defense Appropriations Act, 1995, Pub. L. 103–335, titles I–VIII, was editorially reclassified as section 3303 of this title.

§403–2b. Transferred

Editorial Notes

Codification

Section 403–2b, comprising section 602 of the Intelligence Authorization Act for Fiscal Year 1995, Pub. L. 103–359, was editorially reclassified as section 3304 of this title.

§403–3. Transferred

Editorial Notes

Codification

Section 403–3, comprising section 103 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3025 of this title.

§403–3a. Transferred

Editorial Notes

Codification

Section 403–3a, comprising section 103A of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3026 of this title.

§403–3b. Transferred

Editorial Notes

Codification

Section 403–3b, comprising section 103B of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3027 of this title.

§403–3c. Transferred

Editorial Notes

Codification

Section 403–3c, comprising section 103C of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3028 of this title.

§403–3d. Transferred

Editorial Notes

Codification

Section 403–3d, comprising section 103D of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3029 of this title.

§403–3e. Transferred

Editorial Notes

Codification

Section 403–3e, comprising section 103E of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3030 of this title.

§403–3f. Transferred

Editorial Notes

Codification

Section 403–3f, comprising section 103F of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3031 of this title.

§403–3g. Transferred

Editorial Notes

Codification

Section 403–3g, comprising section 103G of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3032 of this title.

§403–3h. Transferred

Editorial Notes

Codification

Section 403–3h, comprising section 103H of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3033 of this title.

§403–3i. Transferred

Editorial Notes

Codification

Section 403–3i, comprising section 103I of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3034 of this title.

§403–4. Transferred

Editorial Notes

Codification

Section 403–4, comprising section 104 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3035 of this title.

§403–4a. Transferred

Editorial Notes

Codification

Section 403–4a, comprising section 104A of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3036 of this title.

§403–4b. Transferred

Editorial Notes

Codification

Section 403–4b, comprising section 1011(c) of the National Security Intelligence Reform Act of 2004, Pub. L. 108–458, title I, and also of the Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L. 108–458, was editorially reclassified as section 3506a of this title.

§403–4c. Transferred

Editorial Notes

Codification

Section 403–4c, comprising section 104B of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3037 of this title.

§403–5. Transferred

Editorial Notes

Codification

Section 403–5, comprising section 105 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3038 of this title.

§403–5a. Transferred

Editorial Notes

Codification

Section 403–5a, comprising section 105A of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3039 of this title.

§403–5b. Transferred

Editorial Notes

Codification

Section 403–5b, comprising section 105B of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3040 of this title.

§403–5c. Transferred

Editorial Notes

Codification

Section 403–5c, comprising section 105C of the National Security Act of 1947, act July 26, 1947, ch. 343, was renumbered section 702 of act July 26, 1947, by Pub. L. 108–136, div. A, title IX, §922(c), Nov. 24, 2003, 117 Stat. 1573, and transferred to section 432 of this title, which was editorially reclassified as section 3142 of this title.

§403–5d. Transferred

Editorial Notes

Codification

Section 403–5d, comprising section 203(d) of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 or USA PATRIOT Act, Pub. L. 107–56, was editorially reclassified as section 3365 of this title.

§403–5e. Transferred

Editorial Notes

Codification

Section 403–5e, comprising section 105D of the National Security Act of 1947, act July 26, 1947, ch. 343, was renumbered section 703 of act July 26, 1947, by Pub. L. 108–136, div. A, title IX, §922(c), Nov. 24, 2003, 117 Stat. 1573, and transferred to section 432a of this title, which was editorially reclassified as section 3143 of this title.

§403–6. Transferred

Editorial Notes

Codification

Section 403–6, comprising section 106 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3041 of this title.

§403–7. Transferred

Editorial Notes

Codification

Section 403–7, comprising section 309 of the Intelligence Authorization Act for Fiscal Year 1997, Pub. L. 104–293, was editorially reclassified as section 3324 of this title.

§403–8. Transferred

Editorial Notes

Codification

Section 403–8, comprising section 313 of the Intelligence Authorization Act for Fiscal Year 2000, Pub. L. 106–120, was editorially reclassified as section 3325 of this title.

§403–9. Transferred

Editorial Notes

Codification

Section 403–9, comprising section 348 of the Intelligence Authorization Act for Fiscal Year 2010, Pub. L. 111–259, was editorially reclassified as section 3308 of this title.

§403a. Transferred

Editorial Notes

Codification

Section 403a, comprising section 1 of the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227, was editorially reclassified as section 3501 of this title.

§403b. Transferred

Editorial Notes

Codification

Section 403b, comprising section 2 of the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227, was editorially reclassified as section 3502 of this title.

§403c. Transferred

Editorial Notes

Codification

Section 403c, comprising section 3 of the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227, was editorially reclassified as section 3503 of this title.

§403d. Transferred

Editorial Notes

Codification

Section 403d, comprising former section 4 of the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227, was editorially reclassified as section 3504 of this title.

§403e. Transferred

Editorial Notes

Codification

Section 403e, comprising section 4 of the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227, was editorially reclassified as section 3505 of this title.

§403e–1. Transferred

Editorial Notes

Codification

Section 403e–1, comprising section 402 of the Intelligence Authorization Act for Fiscal Year 1984, Pub. L. 98–215, was editorially reclassified as section 3323 of this title.

§403f. Transferred

Editorial Notes

Codification

Section 403f, comprising section 5 of the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227, was editorially reclassified as section 3506 of this title.

§403g. Transferred

Editorial Notes

Codification

Section 403g, comprising section 6 of the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227, was editorially reclassified as section 3507 of this title.

§403h. Transferred

Editorial Notes

Codification

Section 403h, comprising section 7 of the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227, was editorially reclassified as section 3508 of this title.

§403i. Transferred

Editorial Notes

Codification

Section 403i, comprising former section 9 of the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227, was editorially reclassified as section 3509 of this title.

§403j. Transferred

Editorial Notes

Codification

Section 403j, comprising section 8 of the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227, was editorially reclassified as section 3510 of this title.

§403k. Transferred

Editorial Notes

Codification

Section 403k, comprising section 11 of the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227, was editorially reclassified as section 3511 of this title.

§403l. Transferred

Editorial Notes

Codification

Section 403l, comprising section 12 of the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227, was editorially reclassified as section 3512 of this title.

§403m. Transferred

Editorial Notes

Codification

Section 403m, comprising section 13 of the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227, was editorially reclassified as section 3513 of this title.

§403n. Transferred

Editorial Notes

Codification

Section 403n, comprising section 14 of the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227, was editorially reclassified as section 3514 of this title.

§403o. Transferred

Editorial Notes

Codification

Section 403o, comprising section 15 of the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227, was editorially reclassified as section 3515 of this title.

§403p. Transferred

Editorial Notes

Codification

Section 403p, comprising section 16 of the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227, was editorially reclassified as section 3516 of this title.

§403q. Transferred

Editorial Notes

Codification

Section 403q, comprising section 17 of the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227, was editorially reclassified as section 3517 of this title.

§403r. Transferred

Editorial Notes

Codification

Section 403r, comprising section 18 of the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227, was editorially reclassified as section 3518 of this title.

§403r–1. Transferred

Editorial Notes

Codification

Section 403r–1, comprising section 306 of the Intelligence Authorization Act, Fiscal Year 1990, Pub. L. 101–193, was editorially reclassified as section 3518a of this title.

§403s. Transferred

Editorial Notes

Codification

Section 403s, comprising section 19 of the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227, was editorially reclassified as section 3519 of this title.

§403t. Transferred

Editorial Notes

Codification

Section 403t, comprising section 20 of the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227, was editorially reclassified as section 3520 of this title.

§403u. Transferred

Editorial Notes

Codification

Section 403u, comprising section 21 of the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227, was editorially reclassified as section 3521 of this title.

§403v. Transferred

Editorial Notes

Codification

Section 403v, comprising section 22 of the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227, was editorially reclassified as section 3522 of this title.

§403w. Transferred

Editorial Notes

Codification

Section 403w, comprising section 23 of the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227, was editorially reclassified as section 3523 of this title.

§403x. Transferred

Editorial Notes

Codification

Section 403x, comprising section 2 of the Central Intelligence Agency Voluntary Separation Pay Act, Pub. L. 103–36, was editorially reclassified as section 3519a of this title.

§404. Transferred

Editorial Notes

Codification

Section 404, comprising section 107 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3042 of this title. Section 3042 of this title was subsequently repealed by Pub. L. 116–92, div. E, title LXVII, §6742(b)(3), Dec. 20, 2019, 133 Stat. 2240.

§404a. Transferred

Editorial Notes

Codification

Section 404a, comprising section 108 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3043 of this title.

§404b. Transferred

Editorial Notes

Codification

Section 404b, comprising section 1403 of the National Defense Authorization Act for Fiscal Year 1991, Pub. L. 101–510, was editorially reclassified as section 3301 of this title.

§404c. Transferred

Editorial Notes

Codification

Section 404c, comprising section 1457 of the National Defense Authorization Act for Fiscal Year 1991, Pub. L. 101–510, was editorially reclassified as section 3310 of this title.

§404d. Transferred

Editorial Notes

Codification

Section 404d, comprising former section 109 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3044 of this title.

§404d–1. Transferred

Editorial Notes

Codification

Section 404d–1, comprising section 110 of the National Security Act of 1947, act July 26, 1947, ch. 343, was renumbered section 112 of act July 26, 1947, by Pub. L. 105–107, title III, §303(b), Nov. 20, 1997, 111 Stat. 2252, and transferred to section 404g of this title, which was editorially reclassified as section 3047 of this title.

§404e. Transferred

Editorial Notes

Codification

Section 404e, comprising section 110 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3045 of this title.

§404f. Transferred

Editorial Notes

Codification

Section 404f, comprising former section 111 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3046 of this title.

§404g. Transferred

Editorial Notes

Codification

Section 404g, comprising section 112 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3047 of this title.

§404h. Transferred

Editorial Notes

Codification

Section 404h, comprising section 113 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3048 of this title.

§404h–1. Transferred

Editorial Notes

Codification

Section 404h–1, comprising section 113A of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3049 of this title.

§404i. Transferred

Editorial Notes

Codification

Section 404i, comprising section 114 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3050 of this title.

§404i–1. Transferred

Editorial Notes

Codification

Section 404i–1, comprising former section 114A of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3051 of this title.

§404j. Transferred

Editorial Notes

Codification

Section 404j, comprising section 115 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3052 of this title.

§404k. Transferred

Editorial Notes

Codification

Section 404k, comprising section 116 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3053 of this title.

§404l. Transferred

Editorial Notes

Codification

Section 404l, comprising section 117 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3054 of this title.

§404m. Transferred

Editorial Notes

Codification

Section 404m, comprising section 118 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3055 of this title.

§404n. Transferred

Editorial Notes

Codification

Section 404n, comprising section 313 of the Intelligence Authorization Act for Fiscal Year 2003, Pub. L. 107–306, was editorially reclassified as section 3361 of this title.

§404n–1. Transferred

Editorial Notes

Codification

Section 404n–1, comprising section 341 of the Intelligence Authorization Act for Fiscal Year 2003, Pub. L. 107–306, was editorially reclassified as section 3362 of this title.

§404n–2. Transferred

Editorial Notes

Codification

Section 404n–2, comprising section 343 of the Intelligence Authorization Act for Fiscal Year 2003, Pub. L. 107–306, was editorially reclassified as section 3363 of this title.

§404n–3. Transferred

Editorial Notes

Codification

Section 404n–3, comprising former section 827 of the Intelligence Authorization Act for Fiscal Year 2003, Pub. L. 107–306, was editorially reclassified as a note under section 3036 of this title.

§404o. Transferred

Editorial Notes

Codification

Section 404o, comprising section 119 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3056 of this title.

§404o–1. Transferred

Editorial Notes

Codification

Section 404o–1, comprising section 119A of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3057 of this title.

§404o–2. Transferred

Editorial Notes

Codification

Section 404o–2, comprising section 119B of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3058 of this title.

SUBCHAPTER II—MISCELLANEOUS AND CONFORMING PROVISIONS

§405. Transferred

Editorial Notes

Codification

Section 405, comprising section 303 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3073 of this title.

§406. Transferred

Editorial Notes

Codification

Section 406, comprising act June 24, 1948, ch. 632, 62 Stat. 648, was editorially reclassified as a note under section 3073 of this title.

§407. Transferred

Editorial Notes

Codification

Section 407, comprising section 1602 of the Supplemental Appropriation Act, 1959, Pub. L. 85–766, was editorially reclassified as section 3328 of this title.

§408. Transferred

Editorial Notes

Codification

Section 408, comprising section 201(d) of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3005 of this title.

§409. Transferred

Editorial Notes

Codification

Section 409, comprising sections 205(c), 206(a), and 207(c) of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3004 of this title.

§409a. Transferred

Editorial Notes

Codification

Section 409a, comprising section 301 of the National Security Act of 1947, act July 26, 1947, ch. 343, which section is also known as the National Security Agency Voluntary Separation Act, was editorially reclassified as section 3071 of this title.

§409b. Transferred

Editorial Notes

Codification

Section 409b, comprising section 302 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3072 of this title.

§409b–1. Transferred

Editorial Notes

Codification

Section 409b–1, comprising section 311(b) of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3072a of this title.

§410. Transferred

Editorial Notes

Codification

Section 410, comprising section 308 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3075 of this title.

§411. Transferred

Editorial Notes

Codification

Section 411, comprising section 307 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3074 of this title.

§412. Transferred

Editorial Notes

Codification

Section 412, comprising section 411 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3006 of this title.

SUBCHAPTER III—ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

§413. Transferred

Editorial Notes

Codification

Section 413, comprising section 501 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3091 of this title.

§413a. Transferred

Editorial Notes

Codification

Section 413a, comprising section 502 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3092 of this title.

§413b. Transferred

Editorial Notes

Codification

Section 413b, comprising section 503 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3093 of this title.

§413c. Transferred

Editorial Notes

Codification

Section 413c, comprising section 1079 of the National Defense Authorization Act for Fiscal Year 2008, Pub. L. 110–181, was editorially reclassified as section 3307 of this title.

§414. Transferred

Editorial Notes

Codification

Section 414, comprising section 504 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3094 of this title.

§415. Transferred

Editorial Notes

Codification

Section 415, comprising section 505 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3095 of this title.

§415a. Transferred

Editorial Notes

Codification

Section 415a, comprising section 506 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3096 of this title.

§415a–1. Transferred

Editorial Notes

Codification

Section 415a–1, comprising section 506A of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3097 of this title.

§415a–2. Transferred

Editorial Notes

Codification

Section 415a–2, comprising section 8107 of the Department of Defense Appropriations Act, 2009, Pub. L. 110–329, div. C, and also of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, Pub. L. 110–329, was editorially reclassified as section 3305 of this title.

§415a–3. Transferred

Editorial Notes

Codification

Section 415a–3, comprising former section 8104 of the Department of Defense Appropriations Act, 2010, Pub. L. 111–118, was editorially reclassified as a note under section 3103 of this title.

§415a–4. Transferred

Editorial Notes

Codification

Section 415a–4, comprising section 506B of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3098 of this title.

§415a–5. Transferred

Editorial Notes

Codification

Section 415a–5, comprising section 506C of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3099 of this title.

§415a–6. Transferred

Editorial Notes

Codification

Section 415a–6, comprising section 506D of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3100 of this title.

§415a–7. Transferred

Editorial Notes

Codification

Section 415a–7, comprising section 506E of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3101 of this title.

§415a–8. Transferred

Editorial Notes

Codification

Section 415a–8, comprising section 506F of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3102 of this title.

§415a–9. Transferred

Editorial Notes

Codification

Section 415a–9, comprising section 506G of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3103 of this title.

§415a–10. Transferred

Editorial Notes

Codification

Section 415a–10, comprising section 506H of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3104 of this title.

§415a–11. Transferred

Editorial Notes

Codification

Section 415a–11, comprising section 506I of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3105 of this title.

§415b. Transferred

Editorial Notes

Codification

Section 415b, comprising section 507 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3106 of this title.

§415c. Transferred

Editorial Notes

Codification

Section 415c, comprising section 601 of the Implementing Recommendations of the 9/11 Commission Act of 2007, Pub. L. 110–53, was editorially reclassified as section 3306 of this title.

§415d. Transferred

Editorial Notes

Codification

Section 415d, comprising section 508 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3107 of this title.

SUBCHAPTER IV—PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION

§421. Transferred

Editorial Notes

Codification

Section 421, comprising section 601 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3121 of this title.

§422. Transferred

Editorial Notes

Codification

Section 422, comprising section 602 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3122 of this title.

§423. Transferred

Editorial Notes

Codification

Section 423, comprising former section 603 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3123 of this title.

§424. Transferred

Editorial Notes

Codification

Section 424, comprising section 603 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3124 of this title.

§425. Transferred

Editorial Notes

Codification

Section 425, comprising section 604 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3125 of this title.

§426. Transferred

Editorial Notes

Codification

Section 426, comprising section 605 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3126 of this title.

SUBCHAPTER V—PROTECTION OF OPERATIONAL FILES

§431. Transferred

Editorial Notes

Codification

Section 431, comprising section 701 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3141 of this title.

§432. Transferred

Editorial Notes

Codification

Section 432, comprising section 702 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3142 of this title.

§432a. Transferred

Editorial Notes

Codification

Section 432a, comprising section 703 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3143 of this title.

§432b. Transferred

Editorial Notes

Codification

Section 432b, comprising section 704 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3144 of this title.

§432c. Transferred

Editorial Notes

Codification

Section 432c, comprising section 705 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3145 of this title.

§432d. Transferred

Editorial Notes

Codification

Section 432d, comprising section 706 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3146 of this title.

SUBCHAPTER VI—ACCESS TO CLASSIFIED INFORMATION

§435. Transferred

Editorial Notes

Codification

Section 435, comprising section 801 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3161 of this title.

§435a. Transferred

Editorial Notes

Codification

Section 435a, comprising section 309 of the Intelligence Authorization Act for Fiscal Year 2001, Pub. L. 106–567, was editorially reclassified as section 3345 of this title.

§435b. Transferred

Editorial Notes

Codification

Section 435b, comprising section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L. 108–458, was editorially reclassified as section 3341 of this title.

§435c. Transferred

Editorial Notes

Codification

Section 435c, comprising section 3002 of the Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L. 108–458, was editorially reclassified as section 3343 of this title.

§435d. Transferred

Editorial Notes

Codification

Section 435d, comprising section 7 of the Reducing Over-Classification Act, Pub. L. 111–258, was editorially reclassified as section 3344 of this title.

§436. Transferred

Editorial Notes

Codification

Section 436, comprising section 802 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3162 of this title.

§437. Transferred

Editorial Notes

Codification

Section 437, comprising section 803 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3163 of this title.

§438. Transferred

Editorial Notes

Codification

Section 438, comprising section 804 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3164 of this title.

SUBCHAPTER VII—APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE ACTIVITIES

§441. Transferred

Editorial Notes

Codification

Section 441, comprising section 901 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3171 of this title.

§441a. Transferred

Editorial Notes

Codification

Section 441a, comprising section 902 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3172 of this title.

§441b. Transferred

Editorial Notes

Codification

Section 441b, comprising section 903 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3173 of this title.

§441c. Transferred

Editorial Notes

Codification

Section 441c, comprising section 904 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3174 of this title.

§441d. Transferred

Editorial Notes

Codification

Section 441d, comprising former section 905 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3175 of this title.

SUBCHAPTER VII–A—EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE

Part A—Science and Technology

§441g. Transferred

Editorial Notes

Codification

Section 441g, comprising section 1001 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3191 of this title.

§441g–1. Transferred

Editorial Notes

Codification

Section 441g–1, comprising section 1002 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3192 of this title.

§441g–2. Transferred

Editorial Notes

Codification

Section 441g–2, comprising former section 1003 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3193 of this title.

Part B—Foreign Languages Program

§441j. Transferred

Editorial Notes

Codification

Section 441j, comprising section 1011 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3201 of this title.

§441j–1. Transferred

Editorial Notes

Codification

Section 441j–1, comprising section 1012 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3202 of this title.

§441j–2. Transferred

Editorial Notes

Codification

Section 441j–2, comprising section 1013 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3203 of this title.

§441j–3. Transferred

Editorial Notes

Codification

Section 441j–3, comprising section 1014 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3204 of this title.

§441j–4. Transferred

Editorial Notes

Codification

Section 441j–4, comprising section 1015 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3205 of this title.

Part C—Additional Education Provisions

§441m. Transferred

Editorial Notes

Codification

Section 441m, comprising section 1021 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3221 of this title.

§441n. Transferred

Editorial Notes

Codification

Section 441n, comprising section 1022 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3222 of this title.

§441o. Transferred

Editorial Notes

Codification

Section 441o, comprising section 1023 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3223 of this title.

§441p. Transferred

Editorial Notes

Codification

Section 441p, comprising section 1024 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3224 of this title.

SUBCHAPTER VIII—ADDITIONAL MISCELLANEOUS PROVISIONS

§442. Transferred

Editorial Notes

Codification

Section 442, comprising section 1101 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3231 of this title.

§442a. Transferred

Editorial Notes

Codification

Section 442a, comprising section 1102 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3232 of this title.

§442b. Transferred

Editorial Notes

Codification

Section 442b, comprising section 1103 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3233 of this title.

CHAPTER 16—DEFENSE INDUSTRIAL RESERVES

        

§§451 to 453. Transferred

Editorial Notes

Codification

Sections 451, 452, and 453 of this title were transferred to section 2535 of Title 10, Armed Forces, and redesignated as subsecs. (a), (c), and (b), respectively, of section 2535 by Pub. L. 102–484, div. D, title XLII, §4235(a)(2), (3), (b), Oct. 23, 1992, 106 Stat. 2690, 2691. Section 2535 of Title 10 was transferred and renumbered as section 4881 of that title by Pub. L. 116–283, div. A, title XVIII, §1870(e)(2)(A), Jan. 1, 2021, 134 Stat. 4286.

Section 451, acts July 2, 1948, ch. 811, §2, 62 Stat. 1225; Nov. 16, 1973, Pub. L. 93–155, title VIII, §809, 87 Stat. 617, related to Congressional declaration of purpose and policy in enacting this chapter.

Section 452, acts July 2, 1948, ch. 811, §3, 62 Stat. 1225; Nov. 16, 1973, Pub. L. 93–155, title VIII, §809, 87 Stat. 617, defined "Secretary", "Defense Industrial Reserve", and "plant equipment package" for purposes of this chapter.

Section 453, acts July 2, 1948, ch. 811, §4, 62 Stat. 1226; Nov. 16, 1973, Pub. L. 93–155, title VIII, §809, 87 Stat. 617; Nov. 14, 1986, Pub. L. 99–661, div. A, title XIII, §1359(a), 100 Stat. 3999, related to powers and duties of Secretary of Defense, reimbursement for transferred Defense Industrial Reserve equipment, and regulations.

Statutory Notes and Related Subsidiaries

Short Title

Act July 2, 1948, ch. 811, §1, 62 Stat. 1225, as amended by Pub. L. 93–155, title VIII, §809, Nov. 16, 1973, 87 Stat. 617, provided: "That this Act [enacting this chapter] may be cited as the 'Defense Industrial Reserve Act'."

§454. Repealed. Pub. L. 101–510, div. A, title XIII, §1303(a), Nov. 5, 1990, 104 Stat. 1669

Section, acts July 2, 1948, ch. 811, §5, 62 Stat. 1226; Nov. 16, 1973, Pub. L. 93–155, title VIII, §809, 87 Stat. 618, related to reports concerning status of defense industrial reserve.

§455. Authorization of appropriations

There are authorized to be appropriated such sums as the Congress may from time to time determine to be necessary to enable the Secretary to carry out the provisions of this chapter.

(July 2, 1948, ch. 811, §6, 62 Stat. 1226; Pub. L. 93–155, title VIII, §809, Nov. 16, 1973, 87 Stat. 618.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 14 of act July 2, 1948, ch. 811, 62 Stat. 1228 (classified to section 462 of this title) prior to the general amendment of act July 2, 1948, by Pub. L. 93–155.

Amendments

1973—Pub. L. 93–155 substituted provisions respecting authorization of appropriations, for prior provisions respecting acceptance of plants by Administrator of General Services, disposition of plants, and conditions of lease, now covered in section 453 of this title.

§§456 to 462. Omitted

Editorial Notes

Codification

Sections 456 to 462 were omitted in the general amendment of act July 2, 1948, ch. 811 by Pub. L. 93–155, title VIII, §809, Nov. 16, 1973, 87 Stat. 617. See sections 453 to 455 of this title.

Section 456, act July 2, 1948, ch. 811, §7, 62 Stat. 1227, related to powers of Secretary of Defense respecting property in national industrial reserve. See section 453 of this title.

Section 457, act July 2, 1948, ch. 811, §8, 62 Stat. 1227, related to transportation, maintenance, disposition, etc., of transferred property. See section 453 of this title.

Section 458, act July 2, 1948, ch. 811, §9, 62 Stat. 1227, related to limitation on acquisition of property.

Section 459, act July 2, 1948, ch. 811, §10, 62 Stat. 1227, provided for an Industrial Reserve Review Committee, its composition, appointment, tenure, and compensation and related to inapplicability of certain laws to Committee solely by reason of appointment to and membership on such Committee.

Section 460, act July 2, 1948, ch. 811, §11, 62 Stat. 1228, related to duties of Industrial Reserve Review Committee, including making of recommendations to Secretary of Defense.

Section 461, act July 2, 1948, ch. 811, §12, 62 Stat. 1228, provided for reports to Congress. See section 454 of this title.

Section 462, acts July 2, 1948, ch. 811, §14, 62 Stat. 1228; June 30, 1949, ch. 288, title I, §103, 63 Stat. 380, authorized appropriations. See section 455 of this title.

CHAPTER 17—ARMING AMERICAN VESSELS

§481. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section, act June 29, 1948, ch. 715, §1, 62 Stat. 1095, provided for arming of American vessels during a war or national emergency. See section 261 of Title 10, Armed Forces.

CHAPTER 18—AIR-WARNING SCREEN

        

§491. Establishment and development of land-based air warning and control installations and facilities; extent of appropriation; procurement of communication services

The Secretary of the Air Force is authorized to establish and develop within and without the continental limits of the United States in fulfilling the air defense responsibilities of the Department of the Air Force such land-based air warning and control installations and facilities, by the construction, installation, or equipment of temporary or permanent public works, including buildings, facilities, appurtenances, utilities, and access roads, and to provide for necessary administration and planning therefor, without regard to section 3324(a) and (b) of title 31, as he may deem necessary in the interest of national security: Provided, That not to exceed $85,500,000 shall be appropriated for the construction of public works authorized by this section.

The Secretary of the Air Force is authorized to procure communication services required for the semiautomatic ground environment system. No contract for such services may be for a period of more than ten years from the date communication services are first furnished under such contract. The aggregate contingent liability of the Government under the termination provisions of all contracts authorized hereunder may not exceed a total of $222,000,000 and the Government Accountability Office shall have access to such carrier records and accounts as it may deem necessary for the purpose of audit. In procuring such services, the Secretary of the Air Force shall utilize to the fullest extent practicable the facilities and capabilities of communication common carriers, including rural telephone cooperatives, within their respective service areas and for power supply, shall utilize to the fullest extent practicable, the facilities and capabilities of public utilities and rural electric cooperatives within their respective service areas. Negotiations with communication common carriers, including cooperatives, and representation in proceedings involving such carriers before Federal and State regulatory bodies where such negotiations or proceedings involve contracts authorized by this paragraph shall be in accordance with the provisions of sections 501–505 of title 40.

(Mar. 30, 1949, ch. 41, §1, 63 Stat. 17; Aug. 3, 1956, ch. 939, title III, §303, 70 Stat. 1012; Pub. L. 97–214, §10(b)(4), July 12, 1982, 96 Stat. 175; Pub. L. 104–316, title I, §128(a), Oct. 19, 1996, 110 Stat. 3841; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)

Editorial Notes

Codification

"Section 3324(a) and (b) of title 31" substituted in text for "section 3648 of the Revised Statutes (31 U.S.C. 529)" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

In text, "sections 501–505 of title 40" substituted for "section 201 of the Act of June 30, 1949, as amended (40 U.S.C.A. sec. 481)" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Amendments

2004—Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office" in second par.

1996—Pub. L. 104–316, in third sentence of second par., struck out "no termination payment shall be final until audited and approved by" after "$222,000,000 and", struck out "which" after "Office", and inserted "of audit" after "for the purpose".

1982—Pub. L. 97–214 struck out reference to sections 1136 [10 U.S.C. 4774, 9774] and 3734 [40 U.S.C. 259, 267] of the Revised Statutes.

1956—Act Aug. 3, 1956, authorized procurement of communication services required for the semiautomatic ground environment system.

Statutory Notes and Related Subsidiaries

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–214 effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing, authorized before, on, or after such date, see section 12(a) of Pub. L. 97–214, set out as an Effective Date note under section 2801 of Title 10, Armed Forces.

§492. Acquisition of land

In furtherance of section 491 of this title, the Secretary of the Air Force is authorized to make surveys and to acquire lands and rights pertaining thereto or other interests therein, including the temporary use thereof, by donation, purchase, exchange of Government-owned lands, or otherwise, and to place permanent and temporary improvements thereon whether such lands are held in fee or under lease, or under other temporary tenure.

(Mar. 30, 1949, ch. 41, §2, 63 Stat. 17.)

§493. Authorization of appropriations

There is authorized to be appropriated, out of any moneys in the Treasury of the United States not otherwise appropriated, such sums as may be necessary to carry out the purposes of this chapter, and when so specified in an appropriation Act such amounts shall remain available until expended.

(Mar. 30, 1949, ch. 41, §3, 63 Stat. 18.)

§494. Supervision and control of project

The provisions of this chapter shall be subject to the duties and authority of the Secretary of Defense and the departments and agencies of the Department of Defense as provided in the National Security Act of 1947.

(Mar. 30, 1949, ch. 41, §4, 63 Stat. 18; Aug. 10, 1949, ch. 412, §12(a), 63 Stat. 591.)

Editorial Notes

References in Text

The National Security Act of 1947, referred to in text, is act July 26, 1947, ch. 343, 61 Stat. 495, which is classified principally to chapter 44 (§3001 et seq.) of this title. For complete classification of this Act to the Code, see Tables.

Statutory Notes and Related Subsidiaries

Change of Name

"Department of Defense" substituted in text for "National Military Establishment" on authority of act Aug. 10, 1949, ch. 412, §12(a), 63 Stat. 591.

CHAPTER 19—GUIDED MISSILES

        

§501. Establishment of long-range proving ground for guided missiles and other weapons; jurisdiction of Secretary of the Air Force; use by all Services

The Secretary of the Air Force is authorized to establish a joint long-range proving ground for guided missiles and other weapons by the construction, installation, or equipment of temporary or permanent public works, including buildings, facilities, appurtenances, and utilities, within or without the continental limits of the United States, for scientific study, testing, and training purposes by the Departments of the Army, Navy, and Air Force.

(May 11, 1949, ch. 98, §1, 63 Stat. 66.)

§502. Acquisition of land

The Secretary of the Air Force is authorized in discharging the authority given in section 501 of this title to make surveys, to acquire lands and rights or other interests pertaining thereto, including the temporary use thereof, by donation, purchase, exchange of Government-owned lands, or otherwise, without regard to section 3324(a) and (b) of title 31. Prior to the acquisition under the authority of this section of any lands or rights or other interests pertaining thereto, the Secretary of the Air Force shall come into agreement with the Armed Services Committees of the Senate and the House of Representatives with respect to the acquisition of such lands, rights, or other interests.

(May 11, 1949, ch. 98, §2, 63 Stat. 66.)

Editorial Notes

Codification

"Section 3324(a) and (b) of title 31" substituted in text for "section 3648, Revised Statutes, as amended [31 U.S.C. 529]" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

§503. Authorization of appropriations

There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, not to exceed $75,000,000 to carry out the purposes of sections 501 and 502 of this title.

(May 11, 1949, ch. 98, §3, 63 Stat. 66.)

§504. Delegation of authority by Secretary of Defense; contributions for support

The Secretary of Defense is authorized, in his discretion, to transfer to the Secretary of the Army or the Secretary of the Navy, and to retransfer from either of such Secretaries to the other or to the Secretary of the Air Force, all, or any part of, the authority granted by sections 501 and 502 of this title; and, in connection with any such transfer or retransfer, to transfer all or any part of the funds available for the establishment and support of the joint long-range proving ground for guided missiles and other weapons. The Secretary of Defense is further authorized to permit, to the extent that he may deem appropriate, the Secretaries of the Army, the Navy, and the Air Force to contribute, with or without reimbursement, to the establishment and support of the joint long-range proving ground for guided missiles authorized by this chapter, by the loan, assignment, or transfer of personnel, supplies, equipment, and services.

(May 11, 1949, ch. 98, §4, 63 Stat. 66.)

CHAPTER 20—WIND TUNNELS

SUBCHAPTER I—CONSTRUCTION OF WIND-TUNNEL FACILITIES

        

SUBCHAPTER II—AIR ENGINEERING DEVELOPMENT CENTER

        

SUBCHAPTER I—CONSTRUCTION OF WIND-TUNNEL FACILITIES

§511. Joint development of unitary plan for construction of facilities; construction at educational institutions

The Administrator of the National Aeronautics and Space Administration (hereinafter referred to as the "Administrator") and the Secretary of Defense are authorized and directed jointly to develop a unitary plan for the construction of transsonic, supersonic, and hypersonic wind-tunnel facilities for the solution of research, development, and evaluation problems in aeronautics, including the construction of facilities at educational institutions within the continental limits of the United States for training and research in aeronautics, and to revise the uncompleted portions of the unitary plan from time to time to accord with changes in national defense requirements and scientific and technical advances. The Administrator and the Secretaries of the Army, the Navy, and the Air Force are authorized to proceed with the construction and equipment of facilities in implementation of the unitary plan to the extent permitted by appropriations pursuant to existing authority and the authority contained in this chapter. Any further implementation of the unitary plan shall be subject to such additional authorizations as may be approved by Congress.

(Oct. 27, 1949, ch. 766, title I, §101, 63 Stat. 936; Pub. L. 85–568, title III, §301(d)(1), (2), July 29, 1958, 72 Stat. 433; Pub. L. 106–391, title III, §312(1), Oct. 30, 2000, 114 Stat. 1594.)

Editorial Notes

Amendments

2000—Pub. L. 106–391 substituted "transsonic, supersonic, and hypersonic" for "transsonic and supersonic".

1958—Pub. L. 85–568 substituted "The Administrator of the National Aeronautics and Space Administration (hereinafter referred to as the 'Administrator')" for "The National Advisory Committee for Aeronautics (hereinafter referred to as the 'Committee')", and "Administrator" for "Committee" in second sentence.

Statutory Notes and Related Subsidiaries

Effective Date of 1958 Amendment

Pub. L. 85–568, title III, §301(e), July 29, 1958, 72 Stat. 433, provided that: "This section [amending this section and sections 512, 513, and 515 of this title, section 22–1 of former Title 5, and sections 2302 and 2303 of Title 10, Armed Forces, and enacting provisions set out as a note under section 2472 of Title 42, The Public Health and Welfare] shall take effect ninety days after the date of the enactment of this Act [July 29, 1958], or on any earlier date on which the Administrator [of the National Aeronautics and Space Administration] shall determine, and announce by proclamation published in the Federal Register, that the Administration has been organized and is prepared to discharge the duties and exercise the powers conferred upon it by this Act."

Short Title

Act Oct. 27, 1949, ch. 766, title I, §106, 63 Stat. 937, provided that: "This title [enacting this subchapter] may be cited as the 'Unitary Wind Tunnel Plan Act of 1949'."

Act Oct. 27, 1949, ch. 766, title II, §205, 63 Stat. 938, provided that: "This title [enacting subchapter II of this chapter] may be cited as the 'Air Engineering Development Center Act of 1949'."

§512. Limitation on cost of construction and equipment; vesting of title to facilities

The Administrator is authorized, in implementation of the unitary plan, to construct and equip transsonic or supersonic wind tunnels of a size, design and character adequate for the efficient conduct of experimental work in support of long-range fundamental research at educational institutions within the continental United States, to be selected by the Administrator, or to enter into contracts with such institutions to provide for such construction and equipment, at a total cost not to exceed $10,000,000: Provided, That the Administrator may, in his discretion, after consultation with the Committees on Armed Services of both Houses of the Congress, vest title to the facilities completed pursuant to this section in such educational institutions under such terms and conditions as may be deemed in the best interests of the United States.

(Oct. 27, 1949, ch. 766, title I, §102, 63 Stat. 936; Pub. L. 85–568, title III, §301(d)(2), (3), July 29, 1958, 72 Stat. 433.)

Editorial Notes

Amendments

1958—Pub. L. 85–568 substituted "Administrator" for "Committee" in three places, and "his" for "its".

Statutory Notes and Related Subsidiaries

Effective Date of 1958 Amendment

Amendment by Pub. L. 85–568 effective 90 days after July 29, 1958, or on any earlier date on which the Administrator of the National Aeronautics and Space Administration determines, and announces by proclamation, that the Administration has been organized and is prepared to discharge the duties and exercise the powers conferred upon it, see section 301(e) of Pub. L. 85–568, set out as a note under section 511 of this title.

§513. Expansion of existing facilities; appropriations; testing of models

(a) The Administrator is authorized to expand the facilities at his existing laboratories and centers by the construction of additional transsonic, supersonic, and hypersonic wind tunnels, including buildings, equipment, and accessory construction, and by the acquisition of land and installation of utilities.

(b) There is authorized to be appropriated such sums as may be necessary to carry out the purposes of this section, but not to exceed $136,000,000.

(c) The facilities authorized by this section shall be operated and staffed by the Administrator but shall be available primarily to industry for testing experimental models in connection with the development of aircraft and missiles. Such tests shall be scheduled and conducted in accordance with industry's requirements and allocation of facility time shall be made in accordance with the public interest, with proper emphasis upon the requirements of each military service and due consideration of civilian needs.

(Oct. 27, 1949, ch. 766, title I, §103, 63 Stat. 937; Pub. L. 85–568, title III, §301(d)(2), (3), July 29, 1958, 72 Stat. 433; Pub. L. 106–391, title III, §312(2), Oct. 30, 2000, 114 Stat. 1594.)

Editorial Notes

Amendments

2000—Subsec. (a). Pub. L. 106–391, §312(2)(A), (B), substituted "laboratories and centers" for "laboratories" and "transsonic, supersonic, and hypersonic" for "supersonic".

Subsec. (c). Pub. L. 106–391, §312(2)(C), substituted "facility" for "laboratory".

1958—Subsecs. (a), (c). Pub. L. 85–568 substituted "Administrator" for "Committee" in subsecs. (a) and (c), and "his" for "its" in subsec. (a).

Statutory Notes and Related Subsidiaries

Effective Date of 1958 Amendment

Amendment by Pub. L. 85–568 effective 90 days after July 29, 1958, or on any earlier date on which the Administrator of the National Aeronautics and Space Administration determines, and announces by proclamation, that the Administration has been organized and is prepared to discharge the duties and exercise the powers conferred upon it, see section 301(e) of Pub. L. 85–568, set out as a note under section 511 of this title.

Additional Appropriations

Act June 29, 1950, ch. 405, §801, 64 Stat. 286, provided in part for an additional appropriation of $75,000,000, to remain available until expended; for the construction and completion and equipment of facilities at the Langley Aeronautical Laboratory, Langley Air Force Base, Virginia.

§514. Expansion of facilities at Carderock, Maryland

The Secretary of the Navy is authorized, in implementation of the unitary plan, to expand the naval facilities at the David W. Taylor Model Basin, Carderock, Maryland, by the construction of a wind tunnel, including buildings, equipment, utilities, and accessory construction, at a cost not to exceed $6,600,000.

(Oct. 27, 1949, ch. 766, title I, §104, 63 Stat. 937.)

§515. Reports to Congress

The Administrator shall submit semi-annual written reports to the Congress covering the selection of institutions and contracts entered into pursuant to section 512 of this title together with other pertinent information relative to the Administrator's activities and accomplishments thereunder.

(Oct. 27, 1949, ch. 766, title I, §105, 63 Stat. 937; Pub. L. 85–568, title III, §301(d)(2), July 29, 1958, 72 Stat. 433.)

Editorial Notes

Amendments

1958—Pub. L. 85–568 substituted "Administrator" for "Committee" and "Administrator's" for "Committee's".

Statutory Notes and Related Subsidiaries

Effective Date of 1958 Amendment

Amendment by Pub. L. 85–568 effective 90 days after July 29, 1958, or on any earlier date on which the Administrator of the National Aeronautics and Space Administration determines, and announces by proclamation, that the Administration has been organized and is prepared to discharge the duties and exercise the powers conferred upon it, see section 301(e) of Pub. L. 85–568, set out as a note under section 511 of this title.

SUBCHAPTER II—AIR ENGINEERING DEVELOPMENT CENTER

§521. Establishment; construction, maintenance, and operation of public works and wind tunnels

The Secretary of the Air Force is authorized to establish an Air Engineering Development Center, and to construct, install, and equip (1) temporary and permanent public works, including housing accommodations and community facilities for military and civilian personnel, buildings, facilities, appurtenances, and utilities; and (2) wind tunnels in implementation of the unitary plan referred to in subchapter I of this chapter; and to maintain and operate the public works and wind tunnels authorized by this subchapter.

(Oct. 27, 1949, ch. 766, title II, §201, 63 Stat. 937.)

§522. Acquisition of lands; advance payments for construction

To accomplish the purposes of this subchapter, the Secretary of the Air Force is authorized to acquire lands and rights pertaining thereto, or other interest therein, including the temporary use thereof, by donation, purchase, exchange of Government-owned lands, or otherwise, and construction under this subchapter may be prosecuted without regard to section 3324(a) and (b) of title 31.

(Oct. 27, 1949, ch. 766, title II, §202, 63 Stat. 937.)

Editorial Notes

Codification

"Section 3324(a) and (b) of title 31" substituted in text for "section 3648, Revised Statutes, as amended [31 U.S.C. 529]" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

§523. Employment of civilian personnel

The Secretary of the Air Force is authorized to employ such civilian personnel as may be necessary to carry out the purposes of this subchapter without regard to the limitation on maximum number of employees imposed by section 14(a) ¹ of the Federal Employees Pay Act of 1946 (5 U.S.C. 947(g)).

(Oct. 27, 1949, ch. 766, title II, §203, 63 Stat. 937.)

Editorial Notes

References in Text

Section 14(a) of the Federal Employees Pay Act of 1946 (5 U.S.C. 947(g)), referred to in text, was repealed by act Sept. 12, 1950, ch. 946, title III, §301(85), 64 Stat. 843.

¹ See References in Text note below.

§524. Authorization of appropriations

There is authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, to remain available until expended when so specified in the appropriation act concerned, (a) not to exceed $157,500,000 for the establishment and for initial construction, installation, and equipment of the Air Engineering Development Center authorized in this subchapter, including expenses for necessary surveys and acquisition of land, and (b) such sums as may be necessary to carry out the other purposes of this subchapter.

(Oct. 27, 1949, ch. 766, title II, §204, 63 Stat. 937; Sept. 21, 1950, ch. 969, 64 Stat. 895.)

Editorial Notes

Amendments

1950—Act Sept. 21, 1950, substituted "$157,500,000" for "$100,000,000".

CHAPTER 21—ABACÁ PRODUCTION

§§541 to 546. Omitted

Editorial Notes

Codification

Sections 541 to 546, act Aug. 10, 1950, ch. 673, §§2–7, 64 Stat. 435–437, terminated not later than ten years after Apr. 1, 1950. See Effective and Termination Date note below.

Section 541 related to Congressional declaration of policy.

Section 542 related to production program of abacá.

Section 543 related to administration.

Section 544 related to financing.

Section 545 related to disposal of property.

Section 546 related to reports to Congress.

Statutory Notes and Related Subsidiaries

Effective and Termination Dates

Act Aug. 10, 1950, ch. 673, §8, 64 Stat. 437, provided that this chapter become effective Apr. 1, 1950, and remain effective for ten years thereafter, unless Congress or President direct earlier termination of operations, and for such further period as necessary to earliest practicable liquidation of operations under this chapter.

CHAPTER 22—UNIFORM CODE OF MILITARY JUSTICE

SUBCHAPTER I—GENERAL PROVISIONS

§§551 to 556. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 551, act May 5, 1950, ch. 169, §1, 64 Stat. 108, defined terms used in this chapter. See sections 101 and 801 of Title 10, Armed Forces.

Section 552, acts May 5, 1950, ch. 169, §1, 64 Stat. 109; Aug. 1, 1956, ch. 852, §23, 70 Stat. 911, related to persons subject to Articles of War. See section 802 of Title 10. Act Aug. 1, 1956, ch. 852, §23, 70 Stat. 911 was repealed by Pub. L. 87–651, title III, §307A, Sept. 7, 1962, 76 Stat. 526.

Section 553, act May 5, 1950, ch. 169, §1, 64 Stat. 109, related to jurisdiction to try certain personnel. See section 803 of Title 10.

Section 554, act May 5, 1950, ch. 169, §1, 64 Stat. 110, provided for dismissed officer's right to trial by court-martial. See section 804 of Title 10.

Section 555, act May 5, 1950, ch. 169, §1, 64 Stat. 110, provided that this chapter should be applicable in all places. See section 805 of Title 10.

Section 556, act May 5, 1950, ch. 169, §1, 64 Stat. 110, related to judge advocates and legal officers. See section 806 of Title 10.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, §53 footnote, 70A Stat. 680.

SUBCHAPTER II—APPREHENSION AND RESTRAINT

§§561 to 568. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 561, act May 5, 1950, ch. 169, §1, 64 Stat. 111, related to apprehension. See section 807 of Title 10, Armed Forces.

Section 562, act May 5, 1950, ch. 169, §1, 64 Stat. 111, provided for apprehension of deserters. See section 808 of Title 10.

Section 563, act May 5, 1950, ch. 169, §1, 64 Stat. 111, related to imposition of restraint. See section 809 of Title 10.

Section 564, act May 5, 1950, ch. 169, §1, 64 Stat. 111, related to restraint of persons charged with offenses. See section 810 of Title 10.

Section 565, act May 5, 1950, ch. 169, §1, 64 Stat. 112, provided for reports and receiving of prisoners. See section 811 of Title 10.

Section 566, act May 5, 1950, ch. 169, §1, 64 Stat. 112, prohibited confinement of members of armed forces with enemy prisoners. See section 812 of Title 10.

Section 567, act May 5, 1950, ch. 169, §1, 64 Stat. 112, prohibited punishment before trial. See section 813 of Title 10.

Section 568, act May 5, 1950, ch. 169, §1, 64 Stat. 112, related to delivery of offenders to civil authorities. See section 814 of Title 10.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, §53 footnote, 70A Stat. 680.

SUBCHAPTER III—NON-JUDICIAL PUNISHMENT

§571. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section, act May 5, 1950, ch. 169, §1, 64 Stat. 112, related to commanding officer's non-judicial punishment. See section 815 of Title 10, Armed Forces.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, §53 footnote, 70A Stat. 680.

SUBCHAPTER IV—COURTS-MARTIAL JURISDICTION

§§576 to 581. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 576, act May 5, 1950, ch. 169, §1, 64 Stat. 113, classified types of courts-martial. See section 816 of Title 10, Armed Forces.

Section 577, act May 5, 1950, ch. 169, §1, 64 Stat. 114, related to jurisdiction of courts-martial in general. See section 817 of Title 10.

Section 578, act May 5, 1950, ch. 169, §1, 64 Stat. 114, related to jurisdiction of general courts-martial. See section 818 of Title 10.

Section 579, act May 5, 1950, ch. 169, §1, 64 Stat. 114, related to jurisdiction of special courts-martial. See section 819 of Title 10.

Section 580, act May 5, 1950, ch. 169, §1, 64 Stat. 114, related to jurisdiction of summary courts-martial. See section 820 of Title 10.

Section 581, act May 5, 1950, ch. 169, §1, 64 Stat. 115, provided that jurisdiction of courts-martial was not exclusive. See section 821 of Title 10.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, §53 footnote, 70A Stat. 680.

SUBCHAPTER V—APPOINTMENT AND COMPOSITION OF COURTS-MARTIAL

§§586 to 593. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 586, act May 5, 1950, ch. 169, §1, 64 Stat. 115, prescribed persons who may convene general courts-martial. See section 822 of Title 10, Armed Forces.

Section 587, act May 5, 1950, ch. 169, §1, 64 Stat. 115, prescribed persons who may convene special courts-martial. See section 823 of Title 10.

Section 588, act May 5, 1950, ch. 169, §1, 64 Stat. 116, prescribed persons who may convene summary courts-martial. See section 824 of Title 10.

Section 589, act May 5, 1950, ch. 169, §1, 64 Stat. 116, related to persons who may serve on courts-martial. See section 825 of Title 10.

Section 590, act May 5, 1950, ch. 169, §1, 64 Stat. 117, provided for law officer of a general court-martial. See section 826 of Title 10.

Section 591, act May 5, 1950, ch. 169, §1, 64 Stat. 117, related to appointment of trial counsel and defense counsel. See section 827 of Title 10.

Section 592, act May 5, 1950, ch. 169, §1, 64 Stat. 117, provided for appointment of reporters and interpreters. See section 828 of Title 10.

Section 593, act May 5, 1950, ch. 169, §1, 64 Stat. 117, related to absent and additional members of courts-martial. See section 829 of Title 10.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, §53 footnote, 70A Stat. 680.

SUBCHAPTER VI—PRETRIAL PROCEDURE

§§601 to 606. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 601, act May 5, 1950, ch. 169, §1, 64 Stat. 118, related to charges and specifications. See section 830 of Title 10, Armed Forces.

Section 602, act May 5, 1950, ch. 169, §1, 64 Stat. 118, prohibited compulsory self-incrimination. See section 831 of Title 10.

Section 603, act May 5, 1950, ch. 169, §1, 64 Stat. 118, related to investigations. See section 832 of Title 10.

Section 604, act May 5, 1950, ch. 169, §1, 64 Stat. 119, provided for forwarding of charges. See section 833 of Title 10.

Section 605, act May 5, 1950, ch. 169, §1, 64 Stat. 119, related to advice of staff judge advocate and reference for trial. See section 834 of Title 10.

Section 606, act May 5, 1950, ch. 169, §1, 64 Stat. 119, provided for service of charges. See section 835 of Title 10.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, §53 footnote, 70A Stat. 680.

SUBCHAPTER VII—TRIAL PROCEDURE

§§611 to 629. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 611, act May 5, 1950, ch. 169, §1, 64 Stat. 120, authorized President to prescribe rules. See section 836 of Title 10, Armed Forces.

Section 612, act May 5, 1950, ch. 169, §1, 64 Stat. 120, related to unlawfully influencing action of court. See section 837 of Title 10.

Section 613, act May 5, 1950, ch. 169, §1, 64 Stat. 120, provided for duties of trial counsel and defense counsel. See section 838 of Title 10.

Section 614, act May 5, 1950, ch. 169, §1, 64 Stat. 121, related to sessions of the courts-martial. See section 839 of Title 10.

Section 615, act May 5, 1950, ch. 169, §1, 64 Stat. 121, provided for continuances. See section 840 of Title 10.

Section 616, act May 5, 1950, ch. 169, §1, 64 Stat. 121, provided for challenges. See section 841 of Title 10.

Section 617, act May 5, 1950, ch. 169, §1, 64 Stat. 121, related to oaths. See section 842 of Title 10.

Section 618, act May 5, 1950, ch. 169, §1, 64 Stat. 121, related to statutes of limitation. See section 843 of Title 10.

Section 619, act May 5, 1950, ch. 169, §1, 64 Stat. 122, related to former jeopardy. See section 844 of Title 10.

Section 620, act May 5, 1950, ch. 169, §1, 64 Stat. 122, related to pleas of the accused. See section 845 of Title 10.

Section 621, act May 5, 1950, ch. 169, §1, 64 Stat. 122, related to opportunity to obtain witnesses and other evidence. See section 846 of Title 10.

Section 622, act May 5, 1950, ch. 169, §1, 64 Stat. 123, provided for refusal to appear or testify. See section 847 of Title 10.

Section 623, act May 5, 1950, ch. 169, §1, 64 Stat. 123, related to contempts. See section 848 of Title 10.

Section 624, act May 5, 1950, ch. 169, §1, 64 Stat. 123, related to depositions. See section 849 of Title 10.

Section 625, act May 5, 1950, ch. 169, §1, 64 Stat. 124, provided for admissibility of records of courts of inquiry. See section 850 of Title 10.

Section 626, act May 5, 1950, ch. 169, §1, 64 Stat. 124, provided for methods of voting and rulings. See section 851 of Title 10.

Section 627, act May 5, 1950, ch. 169, §1, 64 Stat. 125, prescribed number of votes required. See section 852 of Title 10.

Section 628, act May 5, 1950, ch. 169, 64 Stat. 125, required every court-martial to announce its findings and sentence. See section 853 of Title 10.

Section 629, act May 5, 1950, ch. 169, §1, 64 Stat. 125, related to record of trial. See section 858 of Title 10.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, §53 footnote, 70A Stat. 680.

SUBCHAPTER VIII—SENTENCES

§§636 to 639. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 636, act May 5, 1950, ch. 169, §1, 64 Stat. 126, prohibited cruel and unusual punishments. See section 855 of Title 10, Armed Forces.

Section 637, act May 5, 1950, ch. 169, §1, 64 Stat. 126, related to maximum limits of punishment. See section 856 of Title 10.

Section 638, act May 5, 1950, ch. 169, §1, 64 Stat. 126, provided for effective date of sentences. See section 857 of Title 10.

Section 639, act May 5, 1950, ch. 169, §1, 64 Stat. 126, related to execution of confinement. See section 854 of Title 10.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, §53 footnote, 70A Stat. 680.

SUBCHAPTER IX—REVIEW OF COURTS-MARTIAL

§§646 to 663. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 646, act May 5, 1950, ch. 169, §1, 64 Stat. 127, related to errors of law and to lesser included offense. See section 859 of Title 10, Armed Forces.

Section 647, act May 5, 1950, ch. 169, §1, 64 Stat. 127, provided for initial action on record. See section 860 of Title 10.

Section 648, act May 5, 1950, ch. 169, §1, 64 Stat. 127, provided for initial action on general court-martial records. See section 861 of Title 10.

Section 649, act May 5, 1950, ch. 169, §1, 64 Stat. 127, provided for reconsideration and revision. See section 862 of Title 10.

Section 650, act May 5, 1950, ch. 169, §1, 64 Stat. 127, related to rehearings. See section 863 of Title 10.

Section 651, act May 5, 1950, ch. 169, §1, 64 Stat. 128, related to approval by convening authority. See section 864 of Title 10.

Section 652, act May 5, 1950, ch. 169, §1, 64 Stat. 128, provided for disposition of records after review by convening authority. See section 865 of Title 10.

Section 653, act May 5, 1950, ch. 169, §1, 64 Stat. 128, provided for review by board of review. See section 866 of Title 10.

Section 654, acts May 5, 1950, ch. 169, §1, 64 Stat. 130; Mar. 2, 1955, ch. 9, §1(i), 69 Stat. 10, provided for review by the Court of Military Appeals. See section 867 of Title 10.

Section 655, act May 5, 1950, ch. 169, §1, 64 Stat. 130, authorized establishment of branch offices of The Judge Advocate General. See section 868 of Title 10.

Section 656, act May 30, 1950, ch. 169, §1, 64 Stat. 130, provided for review in office of The Judge Advocate General. See section 869 of Title 10.

Section 657, act May 5, 1950, ch. 169, §1, 64 Stat. 130, provided for appellate counsel. See section 870 of Title 10.

Section 658, act May 5, 1950, ch. 169, §1, 64 Stat. 131, provided for execution of sentence and suspension of sentence. See section 871 of Title 10.

Section 659, act May 5, 1950, ch. 169, §1, 64 Stat. 131, related to vacation of suspension of a court-martial sentence. See section 872 of Title 10.

Section 660, act May 5, 1950, ch. 169, §1, 64 Stat. 132, provided for a petition for a new trial. See section 873 of Title 10.

Section 661, act May 5, 1950, ch. 169, §1, 64 Stat. 132, authorized remission and suspension of sentences. See section 874 of Title 10.

Section 662, act May 5, 1950, ch. 169, §1, 64 Stat. 132, related to restoration of rights, privileges, and property. See section 875 of Title 10.

Section 663, act May 5, 1950, ch. 169, §1, 64 Stat. 132, related to finality of court-martial judgments. See section 876 of Title 10.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, §53 footnote, 70A Stat. 680.

SUBCHAPTER X—PUNITIVE ARTICLES

§§671 to 728. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 671, act May 5, 1950, ch. 169, §1, 64 Stat. 134, defined "principal". See section 877 of Title 10, Armed Forces.

Section 672, act May 5, 1950, ch. 169, §1, 64 Stat. 134, related to accessories after the fact. See section 878 of Title 10.

Section 673, act May 5, 1950, ch. 169, §1, 64 Stat. 134, authorized conviction of lesser included offense. See section 879 of Title 10.

Section 674, act May 5, 1950, ch. 169, §1, 64 Stat. 138, related to attempts. See section 880 of Title 10.

Section 675, act May 5, 1950, ch. 169, §1, 64 Stat. 138, related to conspiracy. See section 881 of Title 10.

Section 676, act May 5, 1950, ch. 169, §1, 64 Stat. 134, related to solicitation. See section 882 of Title 10.

Section 677, act May 5, 1950, ch. 169, §1, 64 Stat. 134, related to fraudulent enlistment, appointment, or separation. See section 883 of Title 10.

Section 678, act May 5, 1950, ch. 169, §1, 64 Stat. 135, related to unlawful enlistment, appointment, or separation. See section 884 of Title 10.

Section 679, act May 5, 1950, ch. 169, §1, 64 Stat. 135, provided for desertion. See section 885 of Title 10.

Section 680, act May 5, 1950, ch. 169, §1, 64 Stat. 135, related to absence without leave. See section 886 of Title 10.

Section 681, act May 5, 1950, ch. 169, §1, 64 Stat. 135, related to missing movement of a ship, aircraft, or unit. See section 887 of Title 10.

Section 682, act May 5, 1950, ch. 169, §1, 64 Stat. 135, related to contempt towards officials. See section 888 of Title 10.

Section 683, act May 5, 1950, ch. 169, §1, 64 Stat. 135, related to disrespect towards superior officer. See section 889 of Title 10.

Section 684, act May 5, 1950, ch. 169, §1, 64 Stat. 135, related to assaulting or willfully disobeying officer. See section 890 of Title 10.

Section 685, act May 5, 1950, ch. 169, §1, 64 Stat. 136, related to insubordinate conduct towards noncommissioned officer. See section 891 of Title 10.

Section 686, act May 5, 1950, ch. 169, §1, 64 Stat. 136, related to failure to obey order or regulation. See section 892 of Title 10.

Section 687, act May 5, 1950, ch. 169, §1, 64 Stat. 136, related to cruelty and maltreatment. See section 893 of Title 10.

Section 688, act May 5, 1950, ch. 169, §1, 64 Stat. 136, related to mutiny or sedition. See section 894 of Title 10.

Section 689, act May 5, 1950, ch. 169, §1, 64 Stat. 136, related to arrest and confinement. See section 895 of Title 10.

Section 690, act May 5, 1950, ch. 169, §1, 64 Stat. 136, related to releasing prisoner without proper authority. See section 896 of Title 10.

Section 691, act May 5, 1950, ch. 169, §1, 64 Stat. 137, related to unlawful detention of another. See section 897 of Title 10.

Section 692, act May 5, 1950, ch. 169, §1, 64 Stat. 137, related to noncompliance with procedural rules. See section 898 of Title 10.

Section 693, act May 5, 1950, ch. 169, §1, 64 Stat. 137, related to misbehavior before the enemy. See section 899 of Title 10.

Section 694, act May 5, 1950, ch. 169, §1, 64 Stat. 137, related to subordinate compelling surrender. See section 900 of Title 10.

Section 695, act May 5, 1950, ch. 169, §1, 64 Stat. 137, related to improper use of countersign. See section 901 of Title 10.

Section 696, act May 5, 1950, ch. 169, §1, 64 Stat. 137, related to forcing a safeguard. See section 902 of Title 10.

Section 697, act May 5, 1950, ch. 169, §1, 64 Stat. 138, related to captured or abandoned property. See section 903 of Title 10.

Section 698, act May 5, 1950, ch. 169, §1, 64 Stat. 138, related to aiding the enemy. See section 904 of Title 10.

Section 699, act May 5, 1950, ch. 169, §1, 64 Stat. 138, related to misconduct as a prisoner. See section 905 of Title 10.

Section 700, act May 5, 1950, ch. 169, §1, 64 Stat. 138, related to spies. See section 906 of Title 10.

Section 701, act May 5, 1950, ch. 169, §1, 64 Stat. 138, related to false official statements. See section 907 of Title 10.

Section 702, act May 5, 1950, ch. 169, §1, 64 Stat. 138, related to loss, damage, destruction, or wrongful disposition of military property. See section 908 of Title 10.

Section 703, act May 5, 1950, ch. 169, §1, 64 Stat. 139, related to waste, spoil or destruction of property other than military property. See section 909 of Title 10.

Section 704, act May 5, 1950, ch. 169, §1, 64 Stat. 139, related to improper hazarding of vessel. See section 910 of Title 10.

Section 705, act May 5, 1950, ch. 169, §1, 64 Stat. 139, related to drunken or reckless driving. See section 911 of Title 10.

Section 706, act May 5, 1950, ch. 169, §1, 64 Stat. 139, related to drunk on duty. See section 912 of Title 10.

Section 707, act May 5, 1950, ch. 169, §1, 64 Stat. 139, related to misbehavior of sentinel. See section 913 of Title 10.

Section 708, act May 5, 1950, ch. 169, §1, 64 Stat. 139, related to dueling. See section 914 of Title 10.

Section 709, act May 5, 1950, ch. 169, §1, 64 Stat. 139, related to malingering. See section 915 of Title 10.

Section 710, act May 5, 1950, ch. 169, §1, 64 Stat. 139, related to riot or breach of peace. See section 916 of Title 10.

Section 711, act May 5, 1950, ch. 169, §1, 64 Stat. 139, related to provoking speeches or gestures. See section 917 of Title 10.

Section 712, act May 5, 1950, ch. 169, §1, 64 Stat. 140, related to murder. See section 918 of Title 10.

Section 713, act May 5, 1950, ch. 169, §1, 64 Stat. 140, related to manslaughter. See section 919 of Title 10.

Section 714, act May 5, 1950, ch. 169, §1, 64 Stat. 140, related to rape and carnal knowledge. See section 920 of Title 10.

Section 715, act May 5, 1950, ch. 169, §1, 64 Stat. 140, related to larceny and wrongful appropriation. See section 921 of Title 10.

Section 716, act May 5, 1950, ch. 169, §1, 64 Stat. 140, related to robbery. See section 922 of Title 10.

Section 717, act May 5, 1950, ch. 169, §1, 64 Stat. 141, related to forgery. See section 923 of Title 10.

Section 718, act May 5, 1950, ch. 169, §1, 64 Stat. 141, related to maiming. See section 924 of Title 10.

Section 719, act May 5, 1950, ch. 169, §1, 64 Stat. 141, related to sodomy. See section 925 of Title 10.

Section 720, act May 5, 1950, ch. 169, §1, 64 Stat. 141, related to arson. See section 926 of Title 10.

Section 721, act May 5, 1950, ch. 169, §1, 64 Stat. 141, related to extortion. See section 927 of Title 10.

Section 722, act May 5, 1950, ch. 169, §1, 64 Stat. 141, related to assault. See section 928 of Title 10.

Section 723, act May 5, 1950, ch. 169, §1, 64 Stat. 142, related to burglary. See section 929 of Title 10.

Section 724, act May 5, 1950, ch. 169, §1, 64 Stat. 142, related to housebreaking. See section 930 of Title 10.

Section 725, act May 5, 1950, ch. 169, §1, 64 Stat. 142, related to perjury. See section 931 of Title 10.

Section 726, act May 5, 1950, ch. 169, §1, 64 Stat. 142, related to frauds against Government. See section 932 of Title 10.

Section 727, act May 5, 1950, ch. 169, §1, 64 Stat. 142, related to conduct unbecoming an officer and gentleman. See section 933 of Title 10.

Section 728, act May 5, 1950, ch. 169, §1, 64 Stat. 142, was a general article covering offenses not specifically defined. See section 934 of Title 10.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, §53 footnote, 70A Stat. 680.

SUBCHAPTER XI—MISCELLANEOUS PROVISIONS

§§731 to 739. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 731, act May 5, 1950, ch. 169, §1, 64 Stat. 143, related to courts of inquiry. See section 935 of Title 10, Armed Forces.

Section 732, act May 5, 1950, ch. 169, §1, 64 Stat. 143, related to authority to administer oaths and to act as notary. See section 936 of Title 10.

Section 733, act May 5, 1950, ch. 169, §1, 64 Stat. 144, required reading and explanation of certain sections of this chapter. See section 937 of Title 10.

Section 734, act May 5, 1950, ch. 169, §1, 64 Stat. 144, related to complaints of wrongs. See section 938 of Title 10.

Section 735, act May 5, 1950, ch. 169, §1, 64 Stat. 144, related to redress of injuries to property. See section 939 of Title 10.

Section 736, act May 5, 1950, ch. 169, §1, 64 Stat. 145, authorized President to delegate his authority. See section 940 of Title 10.

Section 737, act May 5, 1950, ch. 169, §8, 64 Stat. 146, provided for oath of enlistment. See section 502 of Title 10.

Section 738, act May 5, 1950, ch. 169, §9, 64 Stat. 146, provided for removal of suits. See section 1442a of Title 28, Judiciary and Judicial Procedure.

Section 739, act May 5, 1950, ch. 169, §10, 64 Stat. 146, related to dismissal of officers. See sections 1161 and 6408 of Title 10.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, §53 footnote, 70A Stat. 680.

§740. Omitted

Editorial Notes

Codification

Section, act May 5, 1950, ch. 169, §12, 64 Stat. 147, which authorized the Judge Advocate General of any of the armed forces to grant a new trial, vacate a sentence, restore rights and property, and substitute an administrative discharge for a dismissal or for a dishonorable or bad-conduct discharge in any court-martial case for offenses committed during World War II upon application made within one year after termination of the war or after final disposition upon initial appellate review, whichever was the later, limited new trial applications to one as to any one case, and provided that World War II was deemed to have ended as of May 31, 1951.

Executive Documents

Executive Order No. 10190

Ex. Ord. No. 10190, Dec. 6, 1950, 15 F.R. 8711, provided for the petition to the Judge Advocate General of the Navy or to the General Counsel of the Treasury Department, in respect to violations of Navy or Coast Guard disciplinary laws committed between Dec. 7, 1941 and May 30, 1951, for a new trial, the vacatur of sentence and restoration of rights and property, or the substitution of an administrative discharge for a dismissal, dishonorable discharge, or bad-conduct discharge; limited such petition to within one year after final disposition of the case upon initial appellate review or to any time before May 31, 1952 (whichever was the later date); prohibited submission of more than one such petition in any one case and submission after death of an accused; specified the ground for relief and the form and contents of the petition; permitted oral agreement; prescribed the rules for a hearing; authorized additional investigation; required the action granting or denying a remedy to be in writing and published; provided the procedure for a new trial; and specified the effect of a new trial upon the prior trial and sentence.

§741. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641, eff. Jan. 1, 1957

Section, act May 5, 1950, ch. 169, §13, 64 Stat. 147, prescribed qualifications of Judge Advocate Generals of armed forces. See sections 3037, 5148, and 8072 of Title 10, Armed Forces.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, §53 footnote, 70A Stat. 680.

CHAPTER 22A—REPRESENTATION OF ARMED FORCES PERSONNEL BEFORE FOREIGN JUDICIAL TRIBUNALS

§§751 to 755. Repealed. Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1570

Section 751, act July 24, 1956, ch. 689, §1, 70 Stat. 630, related to representation of members of the Armed Forces before foreign judicial tribunals and employment of counsel.

Section 752, act July 24, 1956, ch. 689, §2, 70 Stat. 630, provided for enactment of regulations.

Section 753, act July 24, 1956, ch. 689, §3, 70 Stat. 630, provided that sections 189 and 365 of the Revised Statutes not apply to action taken under this act.

Section 754, act July 24, 1956, ch. 689, §4, 70 Stat. 630, related to claims for reimbursement.

Section 755, act July 24, 1956, ch. 689, §5, 70 Stat. 630, related to appropriations.

CHAPTER 23—INTERNAL SECURITY

SUBCHAPTER I—CONTROL OF SUBVERSIVE ACTIVITIES

        

SUBCHAPTER II—EMERGENCY DETENTION OF SUSPECTED SECURITY RISKS

        

SUBCHAPTER III—PERSONNEL SECURITY PROCEDURES IN NATIONAL SECURITY AGENCY

        

SUBCHAPTER IV—COMMUNIST CONTROL

        

SUBCHAPTER V—REGISTRATION OF CERTAIN PERSONS TRAINED IN FOREIGN ESPIONAGE SYSTEMS

        

Statutory Notes and Related Subsidiaries

Application to Communist Party Members

Application of subchapters I and II of this chapter and other provisions of the Internal Security Act of 1950, as amended, to members of the Communist Party and other subversive organizations, see section 843 of this title, and References in Text note set out under that section.

SUBCHAPTER I—CONTROL OF SUBVERSIVE ACTIVITIES

Statutory Notes and Related Subsidiaries

Application to Communist Party Members

Application of this subchapter to members of the Communist Party and other subversive organizations, see section 843 of this title, and References in Text note set out under that section.

§781. Repealed. Pub. L. 103–199, title VIII, §803(1), Dec. 17, 1993, 107 Stat. 2329

Section, act Sept. 23, 1950, ch. 1024, title I, §2, 64 Stat. 987; Pub. L. 90–237, §1, Jan. 2, 1968, 81 Stat. 765, related to Congressional finding of necessity to control subversive activities.

Statutory Notes and Related Subsidiaries

Short Title

Act Sept. 23, 1950, ch. 1024, 64 Stat. 987, provided that: "This Act [enacting subchapters I to III of this chapter and section 1507 of Title 18, Crimes and Criminal Procedure, amending sections 137 to 137–8, 156, 456, 457, 704, 705, 725, 729, 733, 734, and 735 of Title 8, Aliens and Nationality, section 793 of Title 18, and sections 611 and 618 of Title 22, Foreign Relations and Intercourse, enacting provisions set out as notes under sections 781 and 811 of this title and section 792 of Title 18, and amending a provision set out as a note under section 402 of this title] may be cited as the 'Internal Security Act of 1950'."

Act Sept. 23, 1950, ch. 1024, title I, §1(a), 64 Stat. 987, which provided that title I of act Sept. 23, 1950, which enacted this subchapter and section 1507 of Title 18, Crimes and Criminal Procedure, amended sections 137 to 137–8, 156, 456, 457, 704, 705, 725, 729, 733, 734, and 735 of Title 8, Aliens and Nationality, section 793 of Title 18, and sections 611 and 618 of Title 22, Foreign Relations and Intercourse, and enacted provisions set out as notes under section 781 of this title and section 792 of Title 18, be cited as the "Subversive Activities Control Act of 1950", was repealed by Pub. L. 103–199, title VIII, §803(1), Dec. 17, 1993, 107 Stat. 2329.

Act Aug. 24, 1954, ch. 886, §1, 68 Stat. 775, provided: "That this Act [enacting sections 792a and subchapter IV of this chapter, amending sections 782, 784, 785, 789 to 792, and 793 of this title, and enacting a provision set out as a note under section 841 of this title] may be cited as the 'Communist Control Act of 1954'."

Separability

Act Sept. 23, 1950, ch. 1024, title I, §32, 64 Stat. 1019, provided: "If any provision of this title [see Short Title note above] or the application thereof to any person or circumstances, is held invalid, the remaining provisions of this title, or the application of such provision to other persons or circumstances, shall not be affected thereby."

§782. Repealed. Pub. L. 103–199, title VIII, §803(1), Dec. 17, 1993, 107 Stat. 2329

Section, acts Sept. 23, 1950, ch. 1024, title I, §3, 64 Stat. 989; Aug. 24, 1954, ch. 886, §7(a), (b), 68 Stat. 777; May 31, 1962, Pub. L. 87–474, §1(a), 76 Stat. 91; Jan. 2, 1968, Pub. L. 90–237, §2, 81 Stat. 765, defined terms for purposes of this subchapter.

§783. Offenses

(a) Communication of classified information by Government officer or employee

It shall be unlawful for any officer or employee of the United States or of any department or agency thereof, or of any corporation the stock of which is owned in whole or in major part by the United States or any department or agency thereof, to communicate in any manner or by any means, to any other person whom such officer or employee knows or has reason to believe to be an agent or representative of any foreign government, any information of a kind which shall have been classified by the President (or by the head of any such department, agency, or corporation with the approval of the President) as affecting the security of the United States, knowing or having reason to know that such information has been so classified, unless such officer or employee shall have been specifically authorized by the President, or by the head of the department, agency, or corporation by which this officer or employee is employed, to make such disclosure of such information.

(b) Receipt of, or attempt to receive, by foreign agent or member of Communist organization, classified information

It shall be unlawful for any agent or representative of any foreign government knowingly to obtain or receive, or attempt to obtain or receive, directly or indirectly, from any officer or employee of the United States or of any department or agency thereof or of any corporation the stock of which is owned in whole or in major part by the United States or any department or agency thereof, any information of a kind which shall have been classified by the President (or by the head of any such department, agency, or corporation with the approval of the President) as affecting the security of the United States, unless special authorization for such communication shall first have been obtained from the head of the department, agency, or corporation having custody of or control over such information.

(c) Penalties for violation

Any person who violates any provision of this section shall, upon conviction thereof, be punished by a fine of not more than $10,000, or imprisonment for not more than ten years, or by both such fine and such imprisonment, and shall, moreover, be thereafter ineligible to hold any office, or place of honor, profit, or trust created by the Constitution or laws of the United States.

(d) Limitation period

Any person may be prosecuted, tried, and punished for any violation of this section at any time within ten years after the commission of such offense, notwithstanding the provisions of any other statute of limitations: Provided, That if at the time of the commission of the offense such person is an officer or employee of the United States or of any department or agency thereof, or of any corporation the stock of which is owned in whole or in major part by the United States or any department or agency thereof, such person may be prosecuted, tried, and punished for any violation of this section at any time within ten years after such person has ceased to be employed as such officer or employee.

(e) Forfeiture of property

(1) Any person convicted of a violation of this section shall forfeit to the United States irrespective of any provision of State law—

(A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and

(B) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation.

(2) The court, in imposing sentence on a defendant for a conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1).

(3) Except as provided in paragraph (4), the provisions of subsections (b), (c), and (e) through (p) of section 853 of title 21 shall apply to—

(A) property subject to forfeiture under this subsection;

(B) any seizure or disposition of such property; and

(C) any administrative or judicial proceeding in relation to such property,

if not inconsistent with this subsection.

(4) Notwithstanding section 524(c) of title 28, there shall be deposited in the Crime Victims Fund established under section 20101 of title 34 all amounts from the forfeiture of property under this subsection remaining after the payment of expenses for forfeiture and sale authorized by law.

(5) As used in this subsection, the term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, and any territory or possession of the United States.

(Sept. 23, 1950, ch. 1024, title I, §4, 64 Stat. 991; Pub. L. 90–237, §3, Jan. 2, 1968, 81 Stat. 765; Pub. L. 103–199, title VIII, §803(2), Dec. 17, 1993, 107 Stat. 2329; Pub. L. 103–359, title VIII, §804(c), Oct. 14, 1994, 108 Stat. 3440.)

Editorial Notes

Amendments

1994—Subsec. (e). Pub. L. 103–359 added subsec. (e).

1993—Subsec. (a). Pub. L. 103–199, §803(2)(A)–(C), redesignated subsec. (b) as (a), struck out "or an officer or member of any Communist organization as defined in paragraph (5) of section 782 of this title" after "foreign government", and struck out former subsec. (a) which read as follows: "It shall be unlawful for any person knowingly to combine, conspire, or agree with any other person to perform any act which would substantially contribute to the establishment within the United States of a totalitarian dictatorship, as defined in paragraph (15) of section 782 of this title, the direction and control of which is to be vested in, or exercised by or under the domination or control of, any foreign government, foreign organization, or foreign individual: Provided, however, That this subsection shall not apply to the proposal of a constitutional amendment."

Subsec. (b). Pub. L. 103–199, §803(2)(B), (D), redesignated subsec. (c) as (b) and struck out ", or any officer or member of any Communist organization as defined in paragraph (5) of section 782 of this title," after "foreign government". Former subsec. (b) redesignated (a).

Subsecs. (c) to (e). Pub. L. 103–199, §803(2)(B), redesignated subsecs. (d) and (e) as (c) and (d), respectively. Former subsec. (c) redesignated (b).

Subsec. (f). Pub. L. 103–199, §803(2)(A), struck out subsec. (f) which read as follows: "Neither the holding of office nor membership in any Communist organization by any person shall constitute per se a violation of subsection (a) or subsection (c) of this section or of any other criminal statute."

1968—Subsec. (f). Pub. L. 90–237 struck out prohibition against receiving the fact of the registration of any person under section 787 or 788 of this title as an officer or member of any Communist organization in evidence against such person in any prosecution for any alleged violation of subsection (a) or (c) of this section or for any alleged violation of any other criminal statute.

Executive Documents

Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

§§784, 785. Repealed. Pub. L. 103–199, title VIII, §803(1), Dec. 17, 1993, 107 Stat. 2329

Section 784, acts Sept. 23, 1950, ch. 1024, title I, §5, 64 Stat. 992; Aug. 24, 1954, ch. 886, §§6, 7(c), 68 Stat. 777, 778; May 31, 1962, Pub. L. 87–474, §1(b), 76 Stat. 91; Jan. 2, 1968, Pub. L. 90–237, §4, 81 Stat. 765, related to employment of members of Communist organizations.

Section 785, acts Sept. 23, 1950, ch. 1024, title I, §6, 64 Stat. 993; Aug. 24, 1954, ch. 886, §7(c), 68 Stat. 778, related to denial of United States passports to members of Communist organizations.

§§786, 787. Repealed. Pub. L. 90–237, §5, Jan. 2, 1968, 81 Stat. 766

Section 786, acts Sept. 23, 1950, ch. 1024, title I, §7, 64 Stat. 993; July 29, 1954, ch. 646, 68 Stat. 586, related to registration of Communist-action and Communist-front organizations with the Attorney General, the preparation and filing of a registration statement and subsequent annual reports by such organizations, duty of such organizations to keep certain specified records and accounts, duty of Attorney General to notify individuals listed in any registration statement as an officer or member of such organization that such individual is so listed, investigation and determination of denials of membership and petition for relief in cases where Attorney General declines or fails to strike name of any individual from an annual report or registration statement.

Section 787, act Sept. 23, 1950, ch. 1024, title I, §8, 64 Stat. 995, related to registration of members of Communist-action organizations with Attorney General and preparation and filing of a registration statement by such individuals.

§§788 to 795. Repealed. Pub. L. 103–199, title VIII, §803(1), Dec. 17, 1993, 107 Stat. 2329

Section 788, acts Sept. 23, 1950, ch. 1024, title I, §9, 64 Stat. 995; Jan. 2, 1968, Pub. L. 90–237, §6, 81 Stat. 766, related to records of final orders of Subversive Activities Control Board and to public inspection of those records.

Section 789, acts Sept. 23, 1950, ch. 1024, title I, §10, 64 Stat. 996; Aug. 24, 1954, ch. 886, §8(a), 68 Stat. 778; Jan. 2, 1968, Pub. L. 90–237, §7, 81 Stat. 766, related to use of mails and instrumentalities of interstate or foreign commerce by Communist organizations.

Section 790, acts Sept. 23, 1950, ch. 1024, title I, §11, 64 Stat. 996; Aug. 24, 1954, ch. 886, §8(b), 68 Stat. 778; Jan. 2, 1968, Pub. L. 90–237, §8, 81 Stat. 767; Oct. 22, 1986, Pub. L. 99–514, §2, 100 Stat. 2095, related to denial of tax deductions and exemptions for contributions to Communist organizations.

Section 791, acts Sept. 23, 1950, ch. 1024, title I, §12, 64 Stat. 977; July 12, 1952, ch. 697, 66 Stat. 590; Aug. 24, 1954, ch. 886, §9(a), 68 Stat. 778; Aug. 5, 1955, ch. 580, §1, 69 Stat. 539; Jan. 2, 1968, Pub. L. 90–237, §9, 81 Stat. 767, established the Subversive Activities Control Board and provided for its Chairman, membership, filling of vacancies, duties, appointment and compensation of personnel, reports to Congress and President, appropriations, and termination of the Board on June 30, 1969, unless in the period beginning Jan. 2, 1968 and ending Dec. 31, 1968, a proceeding was instituted.

Section 792, acts Sept. 23, 1950, ch. 1024, title I, §13, 64 Stat. 998; Aug. 24, 1954, ch. 886, §9(b), 68 Stat. 778; Jan. 2, 1968, Pub. L. 90–237, §10, 81 Stat. 768; Oct. 15, 1970, Pub. L. 91–452, title II, §247, 84 Stat. 931, related to Board proceedings with respect to Communist action and Communist front organizations and provided for petition by Attorney General to Board for determination of Communist action or Communist front organizations, petition for review, not more than once every calendar year, for redetermination by Board, public hearings, criteria to be considered in making determinations, written report of findings to be served on Attorney General, and publication of final orders in the Federal Register.

Section 792a, acts Sept. 23, 1950, ch. 1024, title I, §13A, as added Aug. 24, 1954, ch. 886, §10, 68 Stat. 778; amended July 26, 1955, ch. 381, 69 Stat. 375; Jan. 2, 1968, Pub. L. 90–237, §11, 81 Stat. 771; Nov. 8, 1984, Pub. L. 98–620, title IV, §402(53), 98 Stat. 3361, related to labor organizations determined by Board to be Communist.

Section 793, acts Sept. 23, 1950, ch. 1024, title I, §14, 64 Stat. 1001; Aug. 24, 1954, ch. 886, §11, 68 Stat. 780; Aug. 28, 1958, Pub. L. 85–791, §29, 72 Stat. 950; Jan. 2, 1968, Pub. L. 90–237, §12, 81 Stat. 771, provided for judicial review of orders of Board to United States Court of Appeals for the District of Columbia if petition was filed within sixty days from date of service of such order and specified time of finality of the Board's orders.

Section 794, acts Sept. 23, 1950, ch. 1024, title I, §15, 64 Stat. 1002; Jan. 2, 1968, Pub. L. 90–237, §13, 81 Stat. 771, provided for penalties for violation of former sections 784 and 789 of this title.

Section 795, act Sept. 23, 1950, ch. 1024, title I, §16, 64 Stat. 1003, related to applicability of administrative procedure provisions to Board.

§796. Effect of subchapter on other criminal laws

The foregoing provisions of this subchapter shall be construed as being in addition to and not in modification of existing criminal statutes.

(Sept. 23, 1950, ch. 1024, title I, §17, 64 Stat. 1003.)

Editorial Notes

References in Text

This subchapter, referred to in text, was in the original "this title", meaning title I of act Sept. 23, 1950, ch. 1024, 64 Stat. 987, known as the Subversive Activities Control Act of 1950, which is classified principally to this subchapter. For complete classification of title I of such act to the Code, see Short Title note set out under section 781 of this title and Tables.

§797. Penalty for violation of security regulations and orders

(a) Misdemeanor violation of defense property security regulations

(1) Misdemeanor

Whoever willfully violates any defense property security regulation shall be fined under title 18 or imprisoned not more than one year, or both.

(2) Defense property security regulation described

For purposes of paragraph (1), a defense property security regulation is a property security regulation that, pursuant to lawful authority—

(A) shall be or has been promulgated or approved by the Secretary of Defense (or by a military commander designated by the Secretary of Defense or by a military officer, or a civilian officer or employee of the Department of Defense, holding a senior Department of Defense director position designated by the Secretary of Defense) for the protection or security of Department of Defense property; or

(B) shall be or has been promulgated or approved by the Administrator of the National Aeronautics and Space Administration for the protection or security of NASA property.

(3) Property security regulation described

For purposes of paragraph (2), a property security regulation, with respect to any property, is a regulation—

(A) relating to fire hazards, fire protection, lighting, machinery, guard service, disrepair, disuse, or other unsatisfactory conditions on such property, or the ingress thereto or egress or removal of persons therefrom; or

(B) otherwise providing for safeguarding such property against destruction, loss, or injury by accident or by enemy action, sabotage, or other subversive actions.

(4) Definitions

In this subsection:

(A) Department of Defense property

The term "Department of Defense property" means covered property subject to the jurisdiction, administration, or in the custody of the Department of Defense, any Department or agency of which that Department consists, or any officer or employee of that Department or agency.

(B) NASA property

The term "NASA property" means covered property subject to the jurisdiction, administration, or in the custody of the National Aeronautics and Space Administration or any officer or employee thereof.

(C) Covered property

The term "covered property" means aircraft, airports, airport facilities, vessels, harbors, ports, piers, water-front facilities, bases, forts, posts, laboratories, stations, vehicles, equipment, explosives, or other property or places.

(D) Regulation as including order

The term "regulation" includes an order.

(b) Posting

Any regulation or order covered by subsection (a) shall be posted in conspicuous and appropriate places.

(Sept. 23, 1950, ch. 1024, title I, §21, 64 Stat. 1005; Pub. L. 109–163, div. A, title X, §1053, Jan. 6, 2006, 119 Stat. 3435.)

Editorial Notes

Amendments

2006—Pub. L. 109–163 amended section generally. Prior to amendment, section related to security regulations and orders and penalties for violations.

§798. Repealed. Pub. L. 103–199, title VIII, §803(1), Dec. 17, 1993, 107 Stat. 2329

Section, act Sept. 23, 1950, ch. 1024, title I, §1(b), 64 Stat. 987, provided that the Internal Security Act of 1950 not be construed to authorize, require, or establish military or civilian censorship or in any way to limit or infringe upon freedom of press or of speech as guaranteed by Constitution.

SUBCHAPTER II—EMERGENCY DETENTION OF SUSPECTED SECURITY RISKS

§§811 to 826. Repealed. Pub. L. 92–128, §2(a), Sept. 25, 1971, 85 Stat. 348

Section 811, act Sept. 23, 1950, ch. 1024, title II, §101, 64 Stat. 1019, related to Congressional finding of necessity.

Section 812, act Sept. 23, 1950, ch. 1024, title II, §102, 64 Stat. 1021, related to declaration of "internal security emergency" by the President, events warranting the declaration, and period of existence.

Section 813, act Sept. 23, 1950, ch. 1024, title II, §103, 64 Stat. 1021, related to detention during emergency and to release.

Section 814, act Sept. 23, 1950, ch. 1024, title II, §104, 64 Stat. 1022, related to procedure for apprehension and detention, providing in subsecs. (a) to (h), respectively, for warrants and applications; service of warrants and apprehension, and copies for persons apprehended; places of confinement, provision for transportation, food, shelter, etc., and supervision; preliminary hearing, rights of detainee, evidence, orders and reports of hearing officer, and appointment of preliminary hearing officers; receipt of additional information upon request of detainee, and revocation or modification of detention order; presentation of evidence in case of Board or court review and right to withhold certain information; regulations by Attorney General and exclusion of forced labor and confinement with criminals; and bimonthly reports to President and Congress during emergency.

Section 815, act Sept. 23, 1950, ch. 1024, title II, §105, 64 Stat. 1023, related to the Detention Review Board, providing in subsecs. (a) to (d), respectively, for creation of Board, membership, terms, designation of Chairman, and removal; Board divisions, vacancies, powers of remaining members, quorums, official seal, and judicial notice thereof; reports to Congress and its contents; and dissolution upon termination of emergency, release of detainees, conclusion of proceedings, and subsequent establishment.

Section 816, act Sept. 23, 1950, ch. 1024, title II, §106, 64 Stat. 1024, related to salaries of Board members, other personnel, use of agencies and services, expenses, and appropriations.

Section 817, act Sept. 23, 1950, ch. 1024, title II, §107, 64 Stat. 1024, specified the District of Columbia as Board headquarters and related to meetings and hearings outside the District.

Section 818, act Sept. 23, 1950, ch. 1024, title II, §108, 64 Stat. 1024, related to rules and regulations by the Board and applicability of the Administrative Procedure Act.

Section 819, act Sept. 23, 1950, ch. 1024, title II, §109, 64 Stat. 1025, related to powers and duties of Board, providing in subsecs. (a) to (j), respectively, for review of, and action on, orders and claims, and determination of security risks; time for hearing on petition for review, the notice and place; information which may be given to detainee in review cases; subpenas, oaths, affirmations, witnesses, evidence, aid of courts, and contempt; service of papers, fees and mileage, and information from other Government agencies; rights of detainee at hearing; consideration of confidential evidence, reduction of evidence to writing, and additional testimony, and argument; evidentiary matters considered in deciding questions as to security risks; necessity for reasonable ground for belief, and claims for indemnity and receipt of evidence having probative value.

Section 820, acts Sept. 23, 1950, ch. 1024, title II, §110, 64 Stat. 1027; Aug. 28, 1958, Pub. L. 85–791, §30(a), 72 Stat. 950, related to orders of Board, providing in subsecs. (a) to (e), respectively, for revocation of detention order; orders sustaining or denying indemnity claims; dismissal of petition and confirmation of detention order; report and recommended order of hearing examiner, and effectiveness after expiration of time period; and modification or setting aside by Board of its own findings or orders prior to court review.

Section 821, acts Sept. 23, 1950, ch. 1024, title II, §111, 64 Stat. 1028; Aug. 28, 1958, Pub. L. 85–791, §30(b), (c), 72 Stat. 950, 951, related to judicial review, providing in subsecs. (a) to (g), respectively, for rights of petitioner; orders granting indemnity and right of Attorney General; courts of appeals, place, petition, time, service, record, statement, powers of court, and conclusiveness of Board's finding; additional evidence, modification of, or new, findings by Board, recommendations, exclusiveness of court jurisdiction, finality of judgment, and review by Supreme Court; commencement of review proceeding as stay of Board's order; time of finality of Board's order; and applicability of Administrative Procedure Act.

Section 822, act Sept. 23, 1950, ch. 1024, title II, §112, 64 Stat. 1029, related to resisting, disregarding, or evading apprehension, escape or attempts at escape, conspiracy, and to penalties.

Section 823, act Sept. 23, 1950, ch. 1024, title II, §113, 64 Stat. 1030, related to aiding evasion of apprehension or escape, concealment, conspiracy, and to penalties.

Section 824, act Sept. 23, 1950, ch. 1024, title II, §114, 64 Stat. 1030, related to resistance of, or interference with, Board members or agents and to penalties.

Section 825, act Sept. 23, 1950, ch. 1024, title II, §115, 64 Stat. 1030, related to definitions.

Section 826, act Sept. 23, 1950, ch. 1024, title II, §116, 64 Stat. 1030, related to preservation of privilege of habeas corpus.

SUBCHAPTER III—PERSONNEL SECURITY PROCEDURES IN NATIONAL SECURITY AGENCY

§831. Regulations for employment security

Subject to the provisions of this subchapter, the Secretary of Defense (hereafter in this subchapter referred to as the "Secretary") shall prescribe such regulations relating to continuing security procedures as he considers necessary to assure—

(1) that no person shall be employed in, or detailed or assigned to, the National Security Agency (hereafter in this subchapter referred to as the "Agency"), or continue to be so employed, detailed, or assigned; and

(2) that no person so employed, detailed, or assigned shall have access to any classified information;

unless such employment, detail, assignment, or access to classified information is clearly consistent with the national security.

(Sept. 23, 1950, ch. 1024, title III, §301, as added Pub. L. 88–290, Mar. 26, 1964, 78 Stat. 168.)

§832. Full field investigation and appraisal

(a) Conditional employment; other current security clearance; circumstances authorizing employment on temporary basis

No person shall be employed in, or detailed or assigned to, the Agency unless he has been the subject of a full field investigation in connection with such employment, detail, or assignment, and is cleared for access to classified information in accordance with the provisions of this subchapter; excepting that conditional employment without access to sensitive cryptologic information or material may be tendered any applicant, under such regulations as the Secretary may prescribe, pending the completion of such full field investigation: And provided further, That such full field investigation at the discretion of the Secretary need not be required in the case of persons assigned or detailed to the Agency who have a current security clearance for access to sensitive cryptologic information under equivalent standards of investigation and clearance. During any period of war declared by the Congress, or during any period when the Secretary determines that a national disaster exists, or in exceptional cases in which the Secretary (or his designee for such purpose) makes a determination in writing that his action is necessary or advisable in the national interest, he may authorize the employment of any person in, or the detail or assignment of any person to, the Agency, and may grant to any such person access to classified information, on a temporary basis, pending the completion of the full field investigation and the clearance for access to classified information required by this subsection, if the Secretary determines that such action is clearly consistent with the national security.

(b) Boards of appraisal; establishment; membership; appointment; appraisal in doubtful cases; report and recommendation; qualifications of members; Secretary's clearance contrary to board's recommendation

To assist the Secretary and the Director of the Agency in carrying out their personnel security responsibilities, one or more boards of appraisal of three members each, to be appointed by the Director of the Agency, shall be established in the Agency. Such a board shall appraise the loyalty and suitability of persons for access to classified information, in those cases in which the Director of the Agency determines that there is a doubt whether their access to that information would be clearly consistent with the national security, and shall submit a report and recommendation on each such a case. However, appraisal by such a board is not required before action may be taken under sections 7512 and 7532 of title 5, or any other similar provision of law. Each member of such a board shall be specially qualified and trained for his duties as such a member, shall have been the subject of a full field investigation in connection with his appointment as such a member, and shall have been cleared by the Director for access to classified information at the time of his appointment as such a member. No person shall be cleared for access to classified information, contrary to the recommendations of any such board, unless the Secretary (or his designee for such purpose) shall make a determination in writing that such employment, detail, assignment, or access to classified information is in the national interest.

(Sept. 23, 1950, ch. 1024, title III, §302, as added Pub. L. 88–290, Mar. 26, 1964, 78 Stat. 168.)

Editorial Notes

Codification

In subsec. (b), "sections 7512 and 7532 of title 5" substituted for "section 14 of the Act of June 27, 1944, chapter 287, as amended (5 U.S.C. 863), section 1 of the Act of August 26, 1950, chapter 803, as amended (5 U.S.C. 22–1)" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. Sections 7511 and 7512 (which related to adverse actions against preference eligible employees and comprised subchapter II of chapter 75) were repealed by Pub. L. 95–454 and replaced by a new subchapter II (§§7511–7514) of chapter 75 (relating to removal, suspension for more than 14 days, reduction in grade or pay, or furlough for 30 days or less).

§833. Repealed. Pub. L. 104–201, div. A, title XVI, §1633(b)(2), Sept. 23, 1996, 110 Stat. 2751

Section, act Sept. 23, 1950, ch. 1024, title III, §303, as added Mar. 26, 1964, Pub. L. 88–290, 78 Stat. 169; amended Oct. 27, 1972, Pub. L. 92–596, §7, 86 Stat. 1318; Oct. 21, 1977, Pub. L. 95–140, §3(c), 91 Stat. 1173; 1978 Reorg. Plan No. 2, §102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Oct. 1, 1986, Pub. L. 99–433, title I, §110(h)(3), 100 Stat. 1004, related to termination of employment.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Oct. 1, 1996, see section 1635 of Pub. L. 104–201, set out as an Effective Date of 1996 Amendment note under section 1593 of Title 10, Armed Forces.

§834. "Classified information" defined

For the purposes of this section, the term "classified information" means information which, for reasons of national security, is specifically designated by a United States Government agency for limited or restricted dissemination or distribution.

(Sept. 23, 1950, ch. 1024, title III, §304, as added Pub. L. 88–290, Mar. 26, 1964, 78 Stat. 170.)

§835. Nonapplicability of administrative procedure provisions

Subchapter II of chapter 5, and chapter 7, of title 5, shall not apply to the use or exercise of any authority granted by this subchapter.

(Sept. 23, 1950, ch. 1024, title III, §305, as added Pub. L. 88–290, Mar. 26, 1964, 78 Stat. 170.)

Editorial Notes

Codification

"Subchapter II of chapter 5, and chapter 7, of title 5" substituted in text for "the Administrative Procedure Act, as amended" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

SUBCHAPTER IV—COMMUNIST CONTROL

§841. Findings and declarations of fact

The Congress finds and declares that the Communist Party of the United States, although purportedly a political party, is in fact an instrumentality of a conspiracy to overthrow the Government of the United States. It constitutes an authoritarian dictatorship within a republic, demanding for itself the rights and privileges accorded to political parties, but denying to all others the liberties guaranteed by the Constitution. Unlike political parties, which evolve their policies and programs through public means, by the reconciliation of a wide variety of individual views, and submit those policies and programs to the electorate at large for approval or disapproval, the policies and programs of the Communist Party are secretly prescribed for it by the foreign leaders of the world Communist movement. Its members have no part in determining its goals, and are not permitted to voice dissent to party objectives. Unlike members of political parties, members of the Communist Party are recruited for indoctrination with respect to its objectives and methods, and are organized, instructed, and disciplined to carry into action slavishly the assignments given them by their hierarchical chieftains. Unlike political parties, the Communist Party acknowledges no constitutional or statutory limitations upon its conduct or upon that of its members. The Communist Party is relatively small numerically, and gives scant indication of capacity ever to attain its ends by lawful political means. The peril inherent in its operation arises not from its numbers, but from its failure to acknowledge any limitation as to the nature of its activities, and its dedication to the proposition that the present constitutional Government of the United States ultimately must be brought to ruin by any available means, including resort to force and violence. Holding that doctrine, its role as the agency of a hostile foreign power renders its existence a clear present and continuing danger to the security of the United States. It is the means whereby individuals are seduced into the service of the world Communist movement, trained to do its bidding, and directed and controlled in the conspiratorial performance of their revolutionary services. Therefore, the Communist Party should be outlawed.

(Aug. 24, 1954, ch. 886, §2, 68 Stat. 775.)

Editorial Notes

Codification

Section was enacted as part of the Communist Control Act of 1954, and not as part of the Internal Security Act of 1950 which comprises subchapters I to III of this chapter.

Statutory Notes and Related Subsidiaries

Short Title

For short title of this subchapter as the "Communist Control Act of 1954", see section 1 of act Aug. 24, 1954, set out as a note under section 781 of this title.

Separability

Act Aug. 24, 1954, ch. 886, §12, 68 Stat. 780, provided: "If any provision of this title [see Short Title note above] or the application thereof to any person or circumstances is held invalid, the remainder of the title and the application of such provisions to other persons or circumstances, shall not be affected thereby."

The use of the word "Act", in place of the word "title" as used in section 12 of act of Aug. 24, 1954, quoted above, was probably intended, since that act is not divided into titles.

§842. Proscription of Communist Party, its successors, and subsidiary organizations

The Communist Party of the United States, or any successors of such party regardless of the assumed name, whose object or purpose is to overthrow the Government of the United States, or the government of any State, Territory, District, or possession thereof, or the government of any political subdivision therein by force and violence, are not entitled to any of the rights, privileges, and immunities attendant upon legal bodies created under the jurisdiction of the laws of the United States or any political subdivision thereof; and whatever rights, privileges, and immunities which have heretofore been granted to said party or any subsidiary organization by reason of the laws of the United States or any political subdivision thereof, are terminated: Provided, however, That nothing in this section shall be construed as amending the Internal Security Act of 1950, as amended [50 U.S.C. 781 et seq.]

(Aug. 24, 1954, ch. 886, §3, 68 Stat. 776.)

Editorial Notes

References in Text

The Internal Security Act of 1950, as amended, referred to in text, is act Sept. 23, 1950, ch. 1024, 64 Stat. 987, which is classified principally to subchapters I to III of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 781 of this title and Tables.

Codification

Section was enacted as part of the Communist Control Act of 1954, and not as part of the Internal Security Act of 1950 which comprises subchapters I to III of this chapter.

§843. Application of Internal Security Act of 1950 to members of Communist Party and other subversive organizations; "Communist Party" defined

(a) Whoever knowingly and willfully becomes or remains a member of (1) the Communist Party, or (2) any other organization having for one of its purposes or objectives the establishment, control, conduct, seizure, or overthrow of the Government of the United States, or the government of any State or political subdivision thereof, by the use of force or violence, with knowledge of the purpose or objective of such organization shall be subject to all the provisions and penalties of the Internal Security Act of 1950, as amended [50 U.S.C. 781 et seq.], as a member of a "Communist-action" organization.

(b) For the purposes of this section, the term "Communist Party" means the organization now known as the Communist Party of the United States of America, the Communist Party of any State or subdivision thereof, and any unit or subdivision of any such organization, whether or not any change is hereafter made in the name thereof.

(Aug. 24, 1954, ch. 886, §4, 68 Stat. 776.)

Editorial Notes

References in Text

The Internal Security Act of 1950, as amended, referred to in subsec. (a), is act Sept. 23, 1950, ch. 1024, 64 Stat. 987, which is classified principally to subchapters I to III of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 781 of this title and Tables.

Codification

Section was enacted as part of the Communist Control Act of 1954, and not as part of the Internal Security Act of 1950 which comprises subchapters I to III of this chapter.

§844. Determination by jury of membership in Communist Party, participation, or knowledge of purpose

In determining membership or participation in the Communist Party or any other organization defined in this Act, or knowledge of the purpose or objective of such party or organization, the jury, under instructions from the court, shall consider evidence, if presented, as to whether the accused person:

(1) Has been listed to his knowledge as a member in any book or any of the lists, records, correspondence, or any other document of the organization;

(2) Has made financial contribution to the organization in dues, assessments, loans, or in any other form;

(3) Has made himself subject to the discipline of the organization in any form whatsoever;

(4) Has executed orders, plans, or directives of any kind of the organization;

(5) Has acted as an agent, courier, messenger, correspondent, organizer, or in any other capacity in behalf of the organization;

(6) Has conferred with officers or other members of the organization in behalf of any plan or enterprise of the organization;

(7) Has been accepted to his knowledge as an officer or member of the organization or as one to be called upon for services by other officers or members of the organization;

(8) Has written, spoken or in any other way communicated by signal, semaphore, sign, or in any other form of communication orders, directives, or plans of the organization;

(9) Has prepared documents, pamphlets, leaflets, books, or any other type of publication in behalf of the objectives and purposes of the organization;

(10) Has mailed, shipped, circulated, distributed, delivered, or in any other way sent or delivered to others material or propaganda of any kind in behalf of the organization;

(11) Has advised, counseled or in any other way imparted information, suggestions, recommendations to officers or members of the organization or to anyone else in behalf of the objectives of the organization;

(12) Has indicated by word, action, conduct, writing or in any other way a willingness to carry out in any manner and to any degree the plans, designs, objectives, or purposes of the organization;

(13) Has in any other way participated in the activities, planning, actions, objectives, or purposes of the organization;

(14) The enumeration of the above subjects of evidence on membership or participation in the Communist Party or any other organization as above defined, shall not limit the inquiry into and consideration of any other subject of evidence on membership and participation as herein stated.

(Aug. 24, 1954, ch. 886, §5, 68 Stat. 776.)

Editorial Notes

References in Text

This Act, referred to in the provision preceding par. (1), is act Aug. 24, 1954, ch. 886, 68 Stat. 775, known as the Communist Control Act of 1954, which is classified principally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 781 of this title and Tables.

Codification

Section was enacted as part of the Communist Control Act of 1954, and not as part of the Internal Security Act of 1950 which comprises subchapters I to III of this chapter.

SUBCHAPTER V—REGISTRATION OF CERTAIN PERSONS TRAINED IN FOREIGN ESPIONAGE SYSTEMS

§851. Registration of certain persons; filing statement; regulations

Except as provided in section 852 of this title, every person who has knowledge of, or has received instruction or assignment in, the espionage, counter-espionage, or sabotage service or tactics of a government of a foreign country or of a foreign political party, shall register with the Attorney General by filing with the Attorney General a registration statement in duplicate, under oath, prepared and filed in such manner and form, and containing such statements, information, or documents pertinent to the purposes and objectives of this subchapter as the Attorney General, having due regard for the national security and the public interest, by regulations prescribes.

(Aug. 1, 1956, ch. 849, §2, 70 Stat. 899.)

Editorial Notes

Codification

Section was not enacted as part of the Internal Security Act of 1950 which comprises subchapters I to III of this chapter.

Statutory Notes and Related Subsidiaries

Separability

Act Aug. 1, 1956, ch. 849, §9, 70 Stat. 900, provided: "If any provision of this Act [enacting this subchapter] or the application thereof to any person or circumstances is held invalid, the remainder of the Act, and the application of such provisions to other persons or circumstances, is not affected thereby."

§852. Exemption from registration

The registration requirements of section 851 of this title do not apply to any person—

(a) who has obtained knowledge of or received instruction or assignment in the espionage, counter-espionage, or sabotage service or tactics of a foreign government or foreign political party by reason of civilian, military, or police service or employment with the United States Government, the governments of the several States, their political subdivisions, the District of Columbia, the Territories, or the Canal Zone;

(b) who has obtained such knowledge solely by reason of academic or personal interest not under the supervision of or in preparation for service with the government of a foreign country or a foreign political party;

(c) who has made full disclosure of such knowledge, instruction, or assignment to officials within an agency of the United States Government having responsibilities in the field of intelligence, which disclosure has been made a matter of record in the files of such agency, and concerning whom a written determination has been made by the Attorney General or the Director of Central Intelligence that registration would not be in the interest of national security;

(d) whose knowledge of, or receipt of instruction or assignment in, the espionage, counterespionage, or sabotage service or tactics of a government of a foreign country or of a foreign political party, is a matter of record in the files of an agency of the United States Government having responsibilities in the field of intelligence and concerning whom a written determination is made by the Attorney General or the Director of Central Intelligence, based on all information available, that registration would not be in the interest of national security;

(e) who is a duly accredited diplomatic or consular officer of a foreign government, who is so recognized by the Department of State, while he is engaged exclusively in activities which are recognized by the Department of State as being within the scope of the functions of such officer, and any member of his immediate family who resides with him;

(f) who is an official of a foreign government recognized by the United States, whose name and status and the character of whose duties as such official are of record in the Department of State, and while he is engaged exclusively in activities which are recognized by the Department of State as being within the scope of the functions of such official, and any member of his immediate family who resides with him;

(g) who is a member of the staff of or employed by a duly accredited diplomatic or consular officer of a foreign government who is so recognized by the Department of State, and whose name and status and the character of whose duties as such member or employee are a matter of record in the Department of State, while he is engaged exclusively in the performance of activities recognized by the Department of State as being within the scope of the functions of such member or employee;

(h) Who ¹ is an officially acknowledged and sponsored representative of a foreign government and is in the United States on an official mission for the purpose of conferring or otherwise cooperating with United States intelligence or security personnel;

(i) who is a civilian or one of the military personnel of a foreign armed service coming to the United States pursuant to arrangements made under a mutual defense treaty or agreement, or who has been invited to the United States at the request of an agency of the United States Government; or

(j) who is a person designated by a foreign government to serve as its representative in or to an international organization in which the United States participates or is an officer or employee of such an organization or who is a member of the immediate family of, and resides with, such a representative, officer, or employee.

(Aug. 1, 1956, ch. 849, §3, 70 Stat. 899.)

Editorial Notes

Codification

Section was not enacted as part of the Internal Security Act of 1950 which comprises subchapters I to III of this chapter.

Statutory Notes and Related Subsidiaries

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 3001 of this title.

¹ So in original. Probably should not be capitalized.

§853. Retention of registration statements; public examination; withdrawal

The Attorney General shall retain in permanent form one copy of all registration statements filed under this subchapter. They shall be public records and open to public examination at such reasonable hours and under such regulations as the Attorney General prescribes, except that the Attorney General, having due regard for the national security and public interest, may withdraw any registration statement from public examination.

(Aug. 1, 1956, ch. 849, §4, 70 Stat. 900.)

Editorial Notes

Codification

Section was not enacted as part of the Internal Security Act of 1950 which comprises subchapters I to III of this chapter.

§854. Rules, regulations, and forms

The Attorney General may at any time, make, prescribe, amend, and rescind such rules, regulations and forms as he deems necessary to carry out the provisions of this subchapter.

(Aug. 1, 1956, ch. 849, §5, 70 Stat. 900.)

Editorial Notes

Codification

Section was not enacted as part of the Internal Security Act of 1950 which comprises subchapters I to III of this chapter.

§855. Violations; penalties; deportation

(a) Whoever willfully violates any provision of this subchapter or any regulation thereunder, or in any registration statement willfully make ¹ a false statement of a material fact or willfully omits any material fact, shall be fined not more than $10,000 or imprisoned for not more than five years, or both.

(b) Any alien convicted of a violation of this subchapter or any regulation thereunder is subject to deportation in the manner provided by chapter 4 of title II of the Immigration and Nationality Act [8 U.S.C. 1221 et seq.].

(Aug. 1, 1956, ch. 849, §6, 70 Stat. 900; Pub. L. 104–208, div. C, title III, §308(g)(9)(B), Sept. 30, 1996, 110 Stat. 3009–624.)

Editorial Notes

References in Text

The Immigration and Nationality Act, referred to in subsec. (b), is act June 27, 1952, ch. 477, 66 Stat. 163. Chapter 4 of title II of the Act is classified generally to part IV (§1221 et seq.) of subchapter II of chapter 12 of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.

Codification

Section was not enacted as part of the Internal Security Act of 1950 which comprises subchapters I to III of this chapter.

Amendments

1996—Subsec. (b). Pub. L. 104–208 substituted "chapter 4 of title II of the Immigration and Nationality Act" for "chapter 5, title II, of the Immigration and Nationality Act (66 Stat. 163)".

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of Title 8, Aliens and Nationality.

¹ So in original. Probably should be "makes".

§856. Continuing offense

Failure to file a registration statement as required by this subchapter is a continuing offense for as long as such failure exists, notwithstanding any statute of limitation or other statute to the contrary.

(Aug. 1, 1956, ch. 849, §7, 70 Stat. 900.)

Editorial Notes

Codification

Section was not enacted as part of the Internal Security Act of 1950 which comprises subchapters I to III of this chapter.

§857. Compliance with other registration statutes

Compliance with the registration provisions of this subchapter does not relieve any person from compliance with any other applicable registration statute.

(Aug. 1, 1956, ch. 849, §8, 70 Stat. 900.)

Editorial Notes

Codification

Section was not enacted as part of the Internal Security Act of 1950 which comprises subchapters I to III of this chapter.

§858. Applicability to Canal Zone

This subchapter applies to and within the Canal Zone.

(Aug. 1, 1956, ch. 849, §10, as added Pub. L. 87–845, §13, Oct. 18, 1962, 76A Stat. 700.)

Editorial Notes

References in Text

For definition of Canal Zone, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Intercourse.

Codification

Section was not enacted as part of the Internal Security Act of 1950 which comprises subchapters I to III of this chapter.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 2, 1963, see section 25 of Pub. L. 87–845, set out as an Effective Date of 1962 Amendment note under section 414 of Title 28, Judiciary and Judicial Procedure.

CHAPTER 24—NATIONAL DEFENSE FACILITIES

§§881 to 887. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 881, act Sept. 11, 1950, ch. 945, §2, 64 Stat. 829, stated purpose of this chapter, which provided for national defense facilities. See section 18231 of Title 10, Armed Forces.

Section 882, acts Sept. 11, 1950, ch. 945, §3, 64 Stat. 830; Aug. 9, 1955, ch. 662, §1(a), (b), 69 Stat. 593; Aug. 3, 1956, ch. 939, title IV, §414, 70 Stat. 1018; Aug. 29, 1957, Pub. L. 85–215, §2, 71 Stat. 490; Pub. L. 85–685, title VI, §602, Aug. 20, 1958, 72 Stat. 665, related to acquisition and construction of defense facilities. See section 18233 of Title 10 and Codification note thereunder. Acts Aug. 9, 1955, ch. 662, §1(a), (b), 69 Stat. 593; Aug. 3, 1956, ch. 939, title IV, §414, 70 Stat. 1018; Aug. 29, 1957, Pub. L. 85–215, §2, 71 Stat. 490, were repealed by Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1569, 1570.

Section 883, acts Sept. 11, 1950, ch. 945, §4, 64 Stat. 830; Aug. 9, 1955, ch. 662, §1(c)–(e), 69 Stat. 593, related to location of facilities, change of location of units, title and maintenance of facilities, and to use of Federal and State facilities. See sections 18233, 18236, and 18238 of Title 10. Act Aug. 9, 1955, ch. 662, §1(c)–(e), 69 Stat. 593, was repealed by Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1569.

Section 884, act Sept. 11, 1950, ch. 945, §5, 64 Stat. 831, authorized Secretary of Defense to delegate his authority under this chapter. See section 18233 of Title 10.

Section 885, acts Sept. 11, 1950, ch. 945, §6, 64 Stat. 831; Aug. 9, 1955, ch. 662, §1(f), 69 Stat. 594, related to supervision of construction, expansion, rehabilitation or conversion of facilities. See section 18237 of Title 10. Act Aug. 9, 1955, ch. 662, §1(f), 69 Stat. 594, was repealed by Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1569.

Section 886, acts Sept. 11, 1950, ch. 945, §7, 64 Stat. 831; Aug. 9, 1955, ch. 662, §1(g), (h), 69 Stat. 594, defined terms used in sections 881 to 887 of this title. See section 18232 of Title 10. Act Aug. 9, 1955, ch. 662, §1(g), (h), 69 Stat. 594, was repealed by Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1569.

Section 887, act Sept. 11, 1950, ch. 945, §8, 64 Stat. 832, authorized appropriations to carry out purposes of this chapter.

CHAPTER 25—ARMED FORCES RESERVE

§§901 to 905. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 901, act July 9, 1952, ch. 608, pt. I, §101, 66 Stat. 481, defined terms used in this chapter. See sections 101 and 10207 of Title 10, Armed Forces.

Section 902, act July 9, 1952, ch. 608, pt. VIII, §809, 66 Stat. 509, related to savings provisions for laws relating to appointment in reserve components.

Section 903, act July 9, 1952, ch. 608, pt. VIII, §810, 66 Stat. 509, related to accrued rights.

Section 904, act July 9, 1952, ch. 608, pt. VIII, §811, 66 Stat. 509, related to authority to order reservists to active duty and the responsibilities and functions of Chief of National Guard Bureau.

Section 905, act July 9, 1952, ch. 608, pt. VIII, §812, 66 Stat. 509, related to retroactive pay.

§§921 to 935. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 921, act July 9, 1952, ch. 608, pt. II, §201, 66 Stat. 482, stated purpose of reserve components, and provided for maintenance of National Guard and Air National Guard. See sections 10102 and 10103 of Title 10, Armed Forces, and section 102 of Title 32, National Guard.

Section 922, act July 9, 1952, ch. 608, pt. II, §202, 66 Stat. 482, enumerated reserve components. See section 10101 of Title 10, Armed Forces.

Section 923, act July 9, 1952, ch. 608, pt. II, §203, 66 Stat. 483, provided for maximum numerical strength of reserve components. See section 12001 of Title 10, Armed Forces, and section 3702 of Title 14, Coast Guard.

Section 924, act July 9, 1952, ch. 608, pt. II, §204, 66 Stat. 483, provided for composition of reserve components. See section 10141 of Title 10, Armed Forces.

Section 925, acts July 9, 1952, ch. 608, pt. II, §205, 66 Stat. 483; Aug. 9, 1955, ch. 665, §2(a), 69 Stat. 598, prescribed composition and maximum strength of Ready Reserve. See section 10142 of Title 10. Act Aug. 9, 1955, ch. 665, §2(a), 69 Stat. 598 was repealed by Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1569.

Section 926, act July 9, 1952, ch. 608, pt. II, §206, 66 Stat. 483, related to Standby Reserve, its composition, and for ordering units to active duty. See sections 10151 and 12306 of Title 10.

Section 927, act July 9, 1952, ch. 608, pt. II, §207, 66 Stat. 483, related to Retired Reserve, its composition, establishment of reserve retired lists, ordering members into active duty. See sections 1376, 10154, and 12307 of Title 10.

Section 928, acts July 9, 1952, ch. 608, pt. II, §208, 66 Stat. 484; Aug. 9, 1955, ch. 665, §2(b) to (d), 69 Stat. 598, 599, related to term of service in Ready Reserve, placement, requests for assignment, training duty, extension of membership, transfer to Standby Reserve, applications for transfer and screening of units and members. See sections 10145 to 10150 of Title 10. Act Aug. 9, 1955, ch. 665, §2(b)–(d), 69 Stat. 598, was repealed by Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1569.

Section 929, act July 9, 1952, ch. 608, pt. II, §209, 66 Stat. 484, related to transferees, enlistment or appointment in Armed Forces. See sections 12104 and 12208 of Title 10.

Section 930, act July 9, 1952, ch. 608, pt. II, §210, 66 Stat. 485, related to composition of Standby Reserve. See section 10141 of Title 10.

Section 931, act July 9, 1952, ch. 608, pt. II, §211, 66 Stat. 485, provided for inactive status list in Standby Reserve, regulations governing transfer, limitation on benefits. See sections 10152, 10153, and 12734 of Title 10.

Section 932, act July 9, 1952, ch. 608, pt. II, §212, 66 Stat. 485, prescribed status of members of reserve components. See section 10141 of Title 10.

Section 933, act July 9, 1952, ch. 608, pt. II, §213, 66 Stat. 485, related to retention of status of members of reserve components, and to honorary status.

Section 934, act July 9, 1952, ch. 608, pt. II, §214, 66 Stat. 485, related to training categories for each reserve component. See section 10141(c) of Title 10.

Section 935, act July 9, 1952, ch. 608, pt. II, §215, 66 Stat. 486, provided for officer candidates and for distribution of personnel in various ranks and grades. See sections 12001 and 12209 of Title 10, Armed Forces, and section 3702 of Title 14, Coast Guard.

§936. Repealed. Sept. 3, 1954, ch. 1257, title VII, §702(d), 68 Stat. 1189

Section, act July 9, 1952, ch. 608, pt. II, §216, 66 Stat. 486, related to promotion and precedence.

Statutory Notes and Related Subsidiaries

Additional Repeal

Section was also repealed by act Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641.

§§941 to 956. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 941, acts July 9, 1952, ch. 608, pt. II, §217, 66 Stat. 486; July 30, 1956, ch. 789, §4(a), 70 Stat. 729, related to qualifications for appointments and enlistments in the Reserves. See sections 12102, 12201, and 12204 of Title 10, Armed Forces. Act July 30, 1956, ch. 789, §4(a), 70 Stat. 729, was repealed by Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1570.

Section 942, act July 9, 1952, ch. 608, pt. II, §218, 66 Stat. 487, authorized the President, by and with the advice and consent of the Senate, to make appointments to general or flag officer grade. See section 12203 of Title 10.

Section 943, act July 9, 1952, ch. 608, pt. II, §219, 66 Stat. 487, authorized the President to make appointments in commissioned grades below general or flag officer grades. See section 12203 of Title 10.

Section 944, act July 9, 1952, ch. 608, pt. II, §220, 66 Stat. 487, related to appointments in warrant officer grades. See section 12241 of Title 10.

Section 945, act July 9, 1952, ch. 608, pt. II, §221, 66 Stat. 487, related to tenure of appointments of commissioned officers. See section 12203 of Title 10.

Section 946, act July 9, 1952, ch. 608, pt. II, §222, 66 Stat. 487, provided for a common Federal appointment for officers. See section 12201(a) of Title 10.

Section 947, act July 9, 1952, ch. 608, pt. II, §223, 66 Stat. 487, prescribed tenure of appointments of warrant officers. See section 12241 of Title 10.

Section 948, act July 9, 1952, ch. 608, pt. II, §224, 66 Stat. 487, provided for indefinite term of appointment, conversion of appointments and enlistments. See sections 12203 and 12241 of Title 10 and note set out under section 12203 of Title 10.

Section 949, act July 9, 1952, ch. 608, pt. II, §225, 66 Stat. 488, provided for physical examinations. See section 12644 of Title 10.

Section 950, act July 9, 1952, ch. 608, pt. II, §226, 66 Stat. 488, provided for discharge or transfer of physically disqualified personnel. See section 12644 of Title 10.

Section 951, act July 9, 1952, ch. 608, pt. II, §227, 66 Stat. 488, related to term of enlistment. See section 12103 of Title 10.

Section 952, act July 9, 1952, ch. 608, pt. II, §228, 66 Stat. 488, related to common Federal enlistments. See sections 12102 and 12107 of Title 10.

Section 953, act July 9, 1952, ch. 608, pt. II, §229, 66 Stat. 488, prohibited dual membership in reserve components. See section 10213 of Title 10.

Section 954, act July 9, 1952, ch. 608, pt. II, §230, 66 Stat. 489, related to enlisted personnel as officer candidates. See section 12209 of Title 10.

Section 955, act July 9, 1952, ch. 608, pt. II, §231, 66 Stat. 489, related to age limitation for officers.

Section 956, act July 9, 1952, ch. 608, pt. II, §232, 66 Stat. 489, authorized appointment or enlistment of limited-service personnel. See sections 12102 and 12201 of Title 10.

§§961 to 967. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 961, acts July 9, 1952, ch. 608, pt. II, §233, 66 Stat. 489; Aug. 9, 1955, ch. 665, §2(e)–(g), 69 Stat. 599, related to liability of members for active duty, limitation on recall, annual training, voluntary active duty, notification prior to active-duty orders, utilization of officers, protection of members of organized units, and to ministers of religion. See sections 12102, 12201, 12204, 12301, 12302, 12317, and 12682 of Title 10, Armed Forces. Act Aug. 9, 1955, ch. 665, §2(e)–(g), 69 Stat. 599, was repealed by Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1569.

Section 962, act July 9, 1952, ch. 608, pt. II, §234, 66 Stat. 490, related to active duty in connection with Reserve training and administration. See sections 12301 and 12310 of Title 10.

Section 963, act July 9, 1952, ch. 608, pt. II, §235, 66 Stat. 491, provided for active duty agreements, involuntary release, obligation to serve full term, prior obligated or involuntary service, uniformity of agreements. See sections 12311 and 12312 of Title 10.

Section 964, act July 9, 1952, ch. 608, pt. II, §236, 66 Stat. 491, provided for continuation of active duty. See section 12311 of Title 10.

Section 965, act July 9, 1952, ch. 608, pt. II, §237, 66 Stat. 492, authorized detail or assignment to duties authorized for regulars. See section 12314 of Title 10.

Section 966, act July 9, 1952, ch. 608, pt. II, §238, 66 Stat. 492, related to maintenance of Reserve forces in time of partial mobilization. See section 10207 of Title 10.

Section 967, act July 9, 1952, ch. 608, pt. II, §239, 66 Stat. 492, provided for release from active duty. See section 12313 of Title 10.

§§971 to 975. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 971, act July 9, 1952, ch. 608, pt. II, §240, 66 Stat. 492, provided for active duty with or without pay. See section 12315 of Title 10, Armed Forces.

Section 972, act July 9, 1952, ch. 608, pt. II, §241, 66 Stat. 492, related to pay and allowances of persons retained beyond the term of service. See section 12315 of Title 10.

Section 973, act July 9, 1952, ch. 608, pt. II, §242, 66 Stat. 492, related to pay for officer candidates. See section 12209 of Title 10.

Section 974, act July 9, 1952, ch. 608, pt. II, §243, 66 Stat. 492, related to uniform allowances. See sections 415 to 419 of Title 37, Pay and Allowances of the Uniformed Services.

Section 975, act July 9, 1952, ch. 608, pt. II, §245, 66 Stat. 494, provided for continuation of existing benefits.

§§981, 982. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 981, act July 9, 1952, ch. 608, pt. II, §246, 66 Stat. 495, related to civil status of reservists. See section 502 of Title 5, Government Organization and Employees.

Section 982, act July 9, 1952, ch. 608, pt. II, §247, 66 Stat. 495, authorized members of reserve components to accept employment with and compensation from any foreign government or any concern which is controlled in whole or in part by a foreign government. See section 1032 of Title 10, Armed Forces.

§§991, 992. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 991, act July 9, 1952, ch. 608, pt. II, §248, 66 Stat. 495, provided for discharge of commissioned officers and other members of reserve components. See sections 12681 and 12682 of Title 10, Armed Forces.

Section 992, act July 9, 1952, ch. 608, pt. II, §249, 66 Stat. 495, related to limitation on discharges, dropping from rolls, and character of discharge. See sections 12683 to 12686 of Title 10.

§§1001 to 1010. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 1001, act July 9, 1952, ch. 608, pt. II, §250, 66 Stat. 495, prohibited discrimination between Regulars and reserve components. See section 10209 of Title 10, Armed Forces.

Section 1002, act July 9, 1952, ch. 608, pt. II, §251, 66 Stat. 495, authorized Secretaries of the Army, Navy, Air Force, and the Treasury, to make and publish regulations. See section 10202 of Title 10 and section 417(a) of Title 37, Pay and Allowances of the Uniformed Services.

Section 1003, act July 9, 1952, ch. 608, pt. II, §252, 66 Stat. 496, provided for reserve participation in administration of policy and regulations. See section 10211 of Title 10, Armed Forces.

Section 1004, act July 9, 1952, ch. 608, pt. II, §253, 66 Stat. 496, related to support of reserve components. See section 12501 of Title 10.

Section 1005, act July 9, 1952, ch. 608, pt. II, §254, 66 Stat. 496, related to boards, membership of boards, seniority. See section 12643 of Title 10.

Section 1006, act July 9, 1952, ch. 608, pt. II, §255, 66 Stat. 496, related to availability of supplies, equipment, and facilities. See section 18502 of Title 10.

Section 1007, act July 9, 1952, ch. 608, pt. II, §256, 66 Stat. 496, provided for responsibility for Reserve affairs. See sections 10203 and 18501 of Title 10.

Section 1008, act July 9, 1952, ch. 608, pt. II, §257(a)–(d), 66 Stat. 497, related to creation, composition and representation on the Reserve Forces Policy Board, provided that the Board should be the principal policy adviser to the Secretary of Defense. See section 10301 of Title 10. Subsec. (e) of section 257 of act July 9, 1952, as amended Sept. 3, 1954, ch. 1257, title VII, §702(c), 68 Stat. 1189, was restated in section 133 [now 113] of Title 10.

Section 1009, act July 9, 1952, ch. 608, pt. II, §258, 66 Stat. 498, related to personnel records. See section 10204 of Title 10.

Section 1010, act July 9, 1952, ch. 608, pt. II, §259, 66 Stat. 498, related to dissemination of information. See section 10210 of Title 10.

§§1011, 1012. Repealed. Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1569

Section 1011, act July 9, 1952, ch. 608, pt. II, §260, as added Aug. 9, 1955, ch. 665, §2(h), 69 Stat. 599, related to records of persons participating in active and inactive duty training. See section 10204 of Title 10, Armed Forces.

Section 1012, act July 9, 1952, ch. 608, pt. II, §261, as added Aug. 9, 1955, ch. 665, §2(i), 69 Stat. 600, related to period of enlistment in Reserve components. See section 12103 of Title 10.

§1013. Repealed. Pub. L. 88–110, §1, Sept. 3, 1963, 77 Stat. 134

Section, act July 9, 1952, ch. 608, pt. II, §262, as added Aug. 9, 1955, ch. 665, §2(i), 69 Stat. 600; amended Apr. 23, 1956, ch. 209, §1, 70 Stat. 115; July 17, 1959, Pub. L. 86–96, 73 Stat. 221; July 12, 1960, Pub. L. 86–632, §2, 74 Stat. 468, authorized President to accept enlistments in the Ready Reserve, to maintain them at a level necessary for national defense, of persons not having attained age 18, and six months and who had not been ordered to report for induction, or who possessed critical skills and were engaged in defense industry, fixed period of enlistment at eight years with active duty therein for three to six months, deferred such persons from universal military training, and required National Security Training Commission to advise President and Secretary of Defense and to report annually to Congress regarding welfare of trainees.

§1014. Omitted

Editorial Notes

Codification

Section, act July 9, 1952, ch. 608, pt. II, §263, as added Aug. 9, 1955, ch. 665, §2(i), 69 Stat. 602, which provided for release from active duty in Armed Forces prior to serving periods for which inducted or enlisted, expired by its own terms on July 1, 1957.

§1015. Repealed. Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1569

Section, act July 9, 1952, ch. 608, pt. II, §264, as added Apr. 23, 1956, ch. 209, §2, 70 Stat. 115, related to training period and to eligibility for benefits. See sections 3687, 3721, 6148, 8687, and 8721 of Title 10, Armed Forces.

§1016. Repealed. Pub. L. 87–651, title III, §307A, Sept. 7, 1962, 76 Stat. 526

Section, act July 9, 1952, ch. 608, pt. II, §265, as added July 9, 1956, ch. 534, 70 Stat. 517; amended Sept. 2, 1958, Pub. L. 85–857, §13(r), 72 Stat. 1266; Sept. 21, 1959, Pub. L. 86–324, §1, 73 Stat. 596; June 28, 1962, Pub. L. 87–509, §1, 76 Stat. 120, provided for a lump-sum readjustment payment for involuntary release from active duty. See section 12686 of Title 10, Armed Forces.

Pub. L. 87–509, §1, June 28, 1962, 76 Stat. 120, was repealed by Pub. L. 89–718, §75(4), Nov. 2, 1966, 80 Stat. 1124.

§§1021 to 1024. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 1021, act July 9, 1952, ch. 608, pt. III, §301, 66 Stat. 498, established National Guard and Army Reserve as reserve components of the Army. See section 3062 of Title 10, Armed Forces.

Section 1022, act July 9, 1952, ch. 608, pt. III, §302, 66 Stat. 498, redesignated Organized Reserve Corps as Army Reserve.

Section 1023, act July 9, 1952, ch. 608, pt. III, §303, 66 Stat. 498, related to composition of Army Reserve. See section 10104 of Title 10.

Section 1024, act July 9, 1952, ch. 608, pt. III, §304, 66 Stat. 498, related to women in Army Reserve.

§§1041 to 1053. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 1041, act July 9, 1952, ch. 608, pt. IV, §401, 66 Stat. 498, established Naval Reserve as Reserve component of Navy. See section 10108 of Title 10, Armed Forces.

Section 1042, act July 9, 1952, ch. 608, pt. IV, §402, 66 Stat. 498, established Marine Corps Reserve as reserve component of Marine Corps. See section 10109 of Title 10.

Section 1043, act July 9, 1952, ch. 608, pt. IV, §403, 66 Stat. 498, provided that Coast Guard Reserve is reserve component of Coast Guard. See section 3701 of Title 14, Coast Guard.

Section 1044, act July 9, 1952, ch. 608, pt. IV, §404, 66 Stat. 498, provided for integration of Naval Reserve. See section 10108 of Title 10, Armed Forces.

Section 1045, act July 9, 1952, ch. 608, pt. IV, §405, 66 Stat. 498, provided for integration of Marine Corps Reserve. See section 10109 of Title 10.

Section 1046, act July 9, 1952, ch. 608, pt. IV, §406, 66 Stat. 499, provided for integration of Coast Guard Reserve. See section 3701 of Title 14, Coast Guard.

Section 1047, act July 9, 1952, ch. 608, pt. IV, §407, 66 Stat. 499, provided for a Naval Reserve Policy Board, a Marine Corps Reserve Policy Board, a Coast Guard Policy Board, and for membership on such boards. See sections 10303 and 10304 of Title 10, Armed Forces, and section 3703 of Title 14, Coast Guard.

Section 1048, act July 9, 1952, ch. 608, pt. IV, §409, 66 Stat. 499, authorized Secretary of Navy to prescribe a suitable flag to be known as Naval Reserve flag, and provided class of vessels which may fly such flag. See section 7225 of Title 10, Armed Forces.

Section 1049, act July 9, 1952, ch. 608, pt. IV, §410, 66 Stat. 499, authorized Secretary of Navy to prescribe a Naval Reserve yacht pennant and enumerated class of vessels which may fly such pennant. See section 7226 of Title 10.

Section 1050, act July 9, 1952, ch. 608, pt. IV, §411, 66 Stat. 499, related to appointment and duty of temporary officers in Naval Reserve and Marine Corps Reserve. See section 603 of Title 10.

Section 1051, act July 9, 1952, ch. 608, pt. IV, §412, 66 Stat. 499, related to temporary members of Coast Guard Reserve.

Section 1052, act July 9, 1952, ch. 608, pt. IV, §413, 66 Stat. 499, provided for a Retired Reserve, membership, pay, recall to active duty. See sections 6327 and 6483 of Title 10.

Section 1053, act July 9, 1952, ch. 608, pt. IV, §414, 66 Stat. 500, related to applicability of laws to women in Naval Reserve, Marine Corps Reserve, and Coast Guard Reserve.

§§1071 to 1074. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 1071, act July 9, 1952, ch. 608, pt. V, §501, 66 Stat. 500, prescribed composition of Naval Militia. See section 7851 of Title 10, Armed Forces.

Section 1072, act July 9, 1952, ch. 608, pt. V, §502, 66 Stat. 500, provided for appointment and enlistment of militia members in Naval Reserve or Marine Corps Reserve. See section 7852 of Title 10.

Section 1073, act July 9, 1952, ch. 608, pt. V, §503, 66 Stat. 500, provided for release from militia duty upon order to active duty in service of United States. See section 7853 of Title 10.

Section 1074, act July 9, 1952, ch. 608, pt. V, §504, 66 Stat. 500, related to availability of supplies and equipment. See section 7854 of Title 10.

§§1091 to 1093. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 1091, act July 9, 1952, ch. 608, pt. VI, §601, 66 Stat. 501, provided that Air National Guard and Air Force Reserve are reserve components of Air Force. See section 9062 of Title 10, Armed Forces.

Section 1092, act July 9, 1952, ch. 608, pt. VI, §602, 66 Stat. 501, provided for composition of Air Force Reserve. See section 10110 of Title 10.

Section 1093, act July 9, 1952, ch. 608, pt. VI, §603, 66 Stat. 501, related to women in Air Force Reserve.

§§1111 to 1124. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 1111, act July 9, 1952, ch. 608, pt. VII, §701, 66 Stat. 501, provided that National Guard and Air National Guard are reserve components of Army and Air Force. See sections 10105 and 10111 of Title 10, Armed Forces.

Section 1112, act July 9, 1952, ch. 608, pt. VII, §702, 66 Stat. 501, related to composition of National Guard and Air National Guard. See sections 101, 10105, and 10111 of Title 10, Armed Forces, and section 101 of Title 32, National Guard.

Section 1113, act July 9, 1952, ch. 608, pt. VII, §703, 66 Stat. 502, related to Federal recognition and appointments. See sections 12211 and 12212 of Title 10, Armed Forces, and sections 301, 307 of Title 32, National Guard.

Section 1114, act July 9, 1952, ch. 608, pt. VII, §704, 66 Stat. 502, related to temporary extension of Federal recognition to any officer of National Guard or Air National Guard. See sections 12211 and 12212 of Title 10, Armed Forces, and section 308 of Title 32, National Guard.

Section 1115, act July 9, 1952, ch. 608, pt. VII, §705, 66 Stat. 502, related to transfers from Army Reserve or Air Force Reserve to National Guard or Air National Guard. See sections 12107, 12211, and 12212 of Title 10, Armed Forces, and section 307 of Title 32, National Guard.

Section 1116, act July 9, 1952, ch. 608, pt. VII, §706, 66 Stat. 503, related to transfers from National Guard or Air National Guard to Army Reserve or Air Force Reserve. See sections 12105, 12213, and 12214 of Title 10, Armed Forces, and section 323 of Title 32, National Guard.

Section 1117, act July 9, 1952, ch. 608, pt. VII, §707, 66 Stat. 503, provided for automatic transfers. See sections 12106, 12213, and 12214 of Title 10, Armed Forces.

Section 1118, acts July 9, 1952, ch. 608, pt. VII, §708, 66 Stat. 503; Sept. 3, 1954, ch. 1257, title VII, §702(e), 68 Stat. 1189, permitted warrant officers and enlisted members of National Guard and of Air National Guard of United States to hold appointments as Reserve commissioned officers of Army or of Air Force, provided for determination of their status.

Section 1119, act July 9, 1952, ch. 608, pt. VII, §709, 66 Stat. 503, provided for training in State status. See sections 10107, 10113, and 12401 of Title 10.

Section 1120, act July 9, 1952, ch. 608, pt. VII, §710, 66 Stat. 503, provided for relief from National Guard duty when ordered to active duty. See section 325 of Title 32, National Guard.

Section 1121, act July 9, 1952, ch. 608, pt. VII, §711, 66 Stat. 504, related to relief from liability for issued United States property. See section 704 of Title 32.

Section 1122, act July 9, 1952, ch. 608, pt. VII, §712, 66 Stat. 504, related to maintenance of integrity of units, and to return to State status. See section 12404 of Title 10, Armed Forces, and sections 325 and 706 of Title 32, National Guard.

Section 1123, act July 9, 1952, ch. 608, pt. VII, §713, 66 Stat. 504, related to Federal status of personnel ordered to active duty. See sections 12211, 12212, and 12403 of Title 10, Armed Forces.

Section 1124, act July 9, 1952, ch. 608, pt. VII, §714, 66 Stat. 504, related to benefits for members of National Guard of United States. See section 12602 of Title 10, Armed Forces, and section 501(c) of Title 37, Pay and Allowances of the Uniformed Services.

§1125. Repealed. Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1569

Section, act July 9, 1952, ch. 608, pt. VII, §715, as added July 30, 1956, ch. 789, §4(b), 70 Stat. 729, related to applicability of laws to female officers, their dependents and beneficiaries and to determination of dependency.

CHAPTER 26—GIFTS FOR DEFENSE PURPOSES

§§1151 to 1156. Repealed. Pub. L. 101–403, title II, §202(b), Oct. 1, 1990, 104 Stat. 874

Section 1151, act July 27, 1954, ch. 582, §1, 68 Stat. 566, authorized Secretary of the Treasury and Administrator of General Services to accept gifts of money or property on behalf of the United States made on condition that such gifts be used for particular defense purposes. See section 2608 of Title 10, Armed Forces.

Section 1152, act July 27, 1954, ch. 582, §2, 68 Stat. 566, authorized Secretary of the Treasury and Administrator of General Services to convert into money any gifts of property.

Section 1153, act July 27, 1954, ch. 582, §3, 68 Stat. 566, established a special account in the Treasury for depositing gifts.

Section 1154, act July 27, 1954, ch. 582, §4, 68 Stat. 566, directed Secretary of the Treasury to pay to various appropriation accounts any moneys in the special account which in his judgment would best effectuate the purpose of the gifts.

Section 1155, act July 27, 1954, ch. 582, §5, 68 Stat. 566, directed Secretary of the Treasury and Administrator of General Services to consult with interested Federal agencies in carrying out this chapter.

Section 1156, act July 27, 1954, ch. 582, §6, 68 Stat. 566, provided that nothing in this chapter was to be construed to modify or repeal the authority to accept conditional gifts under any other provision of law.

Statutory Notes and Related Subsidiaries

Transfer of Funds

Pub. L. 101–403, title II, §202(c), Oct. 1, 1990, 104 Stat. 874, provided that: "Any money in the special account provided for in section 3 of the Act [former 50 U.S.C. 1153] referred to in subsection (b) [repealing this chapter] on the date of the enactment of this Act [Oct. 1, 1990] shall be credited to the Defense Cooperation Account provided for in section 2608(b) of title 10, United States Code, as added by subsection (a)."

CHAPTER 27—RESERVE OFFICER PERSONNEL PROGRAM

§§1181, 1182. Repealed. Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1569

Section 1181, act Sept. 3, 1954, ch. 1257, title I, §102, 68 Stat. 1149, defined terms used in the Reserve Officer Personnel Act of 1954. See sections 101(d)(4), 12003 to 12005, 12202, 12642, 12646, 12647, and 12772 of Title 10, Armed Forces, and section 3731 of Title 14, Coast Guard.

Section 1182, act Sept. 3, 1954, ch. 1257, title VII, §703, 68 Stat. 1189, contained savings provisions. See section 3734 of Title 14.

§§1191 to 1202. Repealed. Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1569

Section 1191, acts Sept. 3, 1954, ch. 1257, title II, §201, 68 Stat. 1150; June 30, 1955, ch. 247, §1(a), 69 Stat. 218, related to constructive service credit on initial appointment. See section 12207 of Title 10, Armed Forces, and section 3738 of Title 14, Coast Guard.

Section 1192, act Sept. 3, 1954, ch. 1257, title II, §202, 68 Stat. 1150, related to eligibility for promotion and to standards and qualifications for active status. See sections 12642 and 14301 et seq. of Title 10, Armed Forces, and section 3743 of Title 14, Coast Guard.

Section 1193, act Sept. 3, 1954, ch. 1257, title II, §203, 68 Stat. 1150, related to appointment, composition, duration of service, quorum, and oath of service of selection boards, and to communications by officers eligible for promotion. See section 14101 et seq. of Title 10, Armed Forces, and section 3741 of Title 14, Coast Guard.

Section 1194, act Sept. 3, 1954, ch. 1257, title II, §204, 68 Stat. 1151, authorized retention of officers with incomplete reserve service. See section 12645 of Title 10, Armed Forces.

Section 1195, acts Sept. 3, 1954, ch. 1257, title II, §205, 68 Stat. 1151; June 30, 1955, ch. 247, §1(b), 69 Stat. 218, related to retention of officers with eighteen or more years of service. See section 12646 of Title 10.

Section 1196, act Sept. 3, 1954, ch. 1257, title II, §206, 68 Stat. 1152, provided for advancement in grade on retirement or transfer to Retired Reserve. See sections 12771 to 12773 of Title 10.

Section 1197, act Sept. 3, 1954, ch. 1257, title II, §207, 68 Stat. 1152, related to grade on entry upon active duty. See section 12320 of Title 10, Armed Forces, and section 3756 of Title 14, Coast Guard.

Section 1198, act Sept. 3, 1954, ch. 1257, title II, §208, 68 Stat. 1152, provided for recommendation for promotion of officer previously removed from active status. See section 14317 of Title 10, Armed Forces, and section 3744 of Title 14, Coast Guard.

Section 1199, act Sept. 3, 1954, ch. 1257, title II, §209, 68 Stat. 1152, authorized the President to suspend provisions of Reserve Officer Personnel Act of 1954 in time of war or national emergency. See section 123 of Title 10, Armed Forces, section 3733 of Title 14, Coast Guard, and section 111 of Title 32, National Guard.

Section 1200, act Sept. 3, 1954, ch. 1257, title II, §210, 68 Stat. 1152, provided that there shall be no requirement for sea or foreign service for promotion of Reserve officers.

Section 1201, act Sept. 3, 1954, ch. 1257, title II, §211, 68 Stat. 1153, related to grades of Reserve officers. See section 12202 of Title 10, Armed Forces.

Section 1202, act Sept. 3, 1954, ch. 1257, title II, §212, 68 Stat. 1153, related to active status of officers assigned to Selective Service System. See section 12647 of Title 10, Armed Forces.

§§1221 to 1227. Repealed. Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1569

Section 1221, act Sept. 3, 1954, ch. 1257, title III, §301, 68 Stat. 1153, provided that sections 1221 to 1281 should apply only to Reserve officers of the Army.

Section 1222, acts Sept. 3, 1954, ch. 1257, title III, §302, 68 Stat. 1153; June 30, 1955, ch. 247, §6, 69 Stat. 221, defined terms used in sections 1221 to 1281 of this title. See section 12007 of Title 10, Armed Forces.

Section 1223, acts Sept. 3, 1954, ch. 1257, title III, §303, 68 Stat. 1154; June 30, 1955, ch. 247, §7, 69 Stat. 221, provided for promotion procedures. See sections 14101 et seq. and 14301 et seq. of Title 10.

Section 1224, act Sept. 3, 1954, ch. 1257, title III, §304, 68 Stat. 1154, related to maximum grades for female officers.

Section 1225, act Sept. 3, 1954, ch. 1257, title III, §305, 68 Stat. 1154, related to constructive service credit. See section 12201 et seq. of Title 10, Armed Forces.

Section 1226, act Sept. 3, 1954, ch. 1257, title III, §306, 68 Stat. 1155, related to minimum service in grade. See section 14303 of Title 10.

Section 1227, act Sept. 3, 1954, ch. 1257, title III, §307, 68 Stat. 1155, prescribed the authorized number of officers and for distribution in grade. See sections 12003 to 12005, 12007, and 12646 of Title 10.

§§1231 to 1238. Repealed. Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1569

Section 1231, act Sept. 3, 1954, ch. 1257, title III, §308, 68 Stat. 1155, provided for promotion to first lieutenant. See section 14301 et seq. of Title 10, Armed Forces.

Section 1232, act Sept. 3, 1954, ch. 1257, title III, §309, 68 Stat. 1156, provided for promotion to captain, major, and lieutenant colonel to fill vacancies. See section 14301 et seq. of Title 10.

Section 1233, act Sept. 3, 1954, ch. 1257, title III, §310, 68 Stat. 1156, related to promotion to captain, major, and lieutenant colonel regardless of vacancies. See sections 12009 and 14301 et seq. of Title 10.

Section 1234, act Sept. 3, 1954, ch. 1257, title III, §311, 68 Stat. 1157, related to second consideration for promotion. See section 14301 et seq. of Title 10.

Section 1235, act Sept. 3, 1954, ch. 1257, title III, §312, 68 Stat. 1157, related to promotion to colonel and female field grades to fill vacancies. See section 14301 et seq. of Title 10.

Section 1236, act Sept. 3, 1954, ch. 1257, title III, §313, 68 Stat. 1157, provided for promotion to brigadier general and major general to fill vacancies. See section 14301 et seq. of Title 10.

Section 1237, acts Sept. 3, 1954, ch. 1257, title III, §314, 68 Stat. 1158; June 30, 1955, ch. 247, §8, 69 Stat. 222, related to method of selection and order of promotion. See section 14301 et seq. of Title 10.

Section 1238, act Sept. 3, 1954, ch. 1257, title III, §315, 68 Stat. 1158, related to total years of service for first nonunit promotion.

§§1241 to 1243. Repealed. Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1569

Section 1241, act Sept. 3, 1954, ch. 1257, title III, §316, 68 Stat. 1159, provided for promotion to first lieutenant. See section 14301 et seq. of Title 10, Armed Forces.

Section 1242, act Sept. 3, 1954, ch. 1257, title III, §317, 68 Stat. 1159, provided for promotion to captain, major, lieutenant colonel, and colonel to fill unit vacancies. See section 14301 et seq. of Title 10.

Section 1243, act Sept. 3, 1954, ch. 1257, title III, §318, 68 Stat. 1159, provided for promotion to brigadier general and major general to fill vacancies. See section 14315 of Title 10.

§§1251 to 1255. Repealed. Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1569

Section 1251, act Sept. 3, 1954, ch. 1257, title III, §319, 68 Stat. 1160, related to examination for Federal recognition upon unit vacancy promotion. See section 309 of Title 32, National Guard.

Section 1252, act Sept. 3, 1954, ch. 1257, title III, §320, 68 Stat. 1160, related to extension of automatic Federal recognition to higher grade. See section 310 of Title 32.

Section 1253, act Sept. 3, 1954, ch. 1257, title III, §321, 68 Stat. 1160, provided for promotion to higher grade upon recognition. See section 14308(f) of Title 10, Armed Forces.

Section 1254, act Sept. 3, 1954, ch. 1257, title III, §322, 68 Stat. 1161, provided for promotion upon transfer to Army Reserve. See section 12213 of Title 10.

Section 1255, act Sept. 3, 1954, ch. 1257, title III, §323, 68 Stat. 1161, provided for appointment of adjutants general and assistant adjutants general as Reserve officers. See section 12215(a) of Title 10.

§§1261 to 1264. Repealed. Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1569

Section 1261, act Sept. 3, 1954, ch. 1257, title III, §324, 68 Stat. 1161, related to discharge of second lieutenants. See sections 14503 and 14907 of Title 10, Armed Forces, and section 323 of Title 32, National Guard.

Section 1262, acts Sept. 3, 1954, ch. 1257, title III, §325, 68 Stat. 1161; June 30, 1955, ch. 247, §9, 69 Stat. 222, provided for discharge or transfer to Retired Reserve of first lieutenants, captains, and majors. See section 14501 et seq. of Title 10, Armed Forces.

Section 1263, act Sept. 3, 1954, ch. 1257, title III, §326, 68 Stat. 1161, prescribed maximum age for discharge or transfer to Retired Reserve. See sections 14508 to 14512 of Title 10.

Section 1264, act Sept. 3, 1954, ch. 1257, title III, §327, 68 Stat. 1162, provided for discharge or transfer to Retired Reserve for length of service. See section 14501 et seq. of Title 10.

§1265. Omitted

Editorial Notes

Codification

Section, act Sept. 3, 1954, ch. 1257, title III, §328, 68 Stat. 1163, which provided for retention of officers to complete 20 years of service.

§§1266, 1267. Repealed. Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1569

Section 1266, act Sept. 3, 1954, ch. 1257, title III, §329, 68 Stat. 1163, related to disposition of general officers ceasing to occupy position. See section 14314(a) of Title 10, Armed Forces.

Section 1267, act Sept. 3, 1954, ch. 1257, title III, §330, 68 Stat. 1163, related to excess numbers in grade. See sections 14514 and 14704 of Title 10.

§§1271 to 1279. Repealed. Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1569

Section 1271, act Sept. 3, 1954, ch. 1257, title III, §331, 68 Stat. 1164, related to applicability of sections 1221 to 1227, 1231 to 1238, and 1261 to 1267 of this title. See section 14301 et seq. of Title 10, Armed Forces.

Section 1272, act Sept. 3, 1954, ch. 1257, title III, §332, 68 Stat. 1164, related to officers eligible for vacancy promotion entering on active duty. See section 14301 et seq. of Title 10.

Section 1273, acts Sept. 3, 1954, ch. 1257, title III, §333, 68 Stat. 1164; June 30, 1955, ch. 247, §§2, 10, 69 Stat. 218, 222, provided for promotion to higher grade while on active duty. See section 14311 of Title 10.

Section 1274, act Sept. 3, 1954, ch. 1257, title III, §334, 68 Stat. 1164, provided for promotion under mandatory consideration of officers with higher temporary grade. See section 14301 et seq. of Title 10.

Section 1275, act Sept. 3, 1954, ch. 1257, title III, §335, 68 Stat. 1165, related to appointment in appropriate higher grade after temporary appointment. See section 14301 et seq. of Title 10.

Section 1276, act Sept. 3, 1954, ch. 1257, title III, §336, 68 Stat. 1165, related to officers of the National Guard of the United States. See section 14301 et seq. of Title 10.

Section 1277, act Sept. 3, 1954, ch. 1257, title III, §337, 68 Stat. 1165, which related to withholding promotion on release from active duty, was also repealed by act June 30, 1955, ch. 247, §11, 69 Stat. 222.

Section 1278, act Sept. 3, 1954, ch. 1257, title III, §338, 68 Stat. 1165, related to promotion upon release from active duty. See section 14301 et seq. of Title 10.

Section 1279, acts Sept. 3, 1954, ch. 1257, title III, §339, 68 Stat. 1165; June 30, 1955, ch. 247, §1(c), 69 Stat. 218, related to retention for additional service.

§1281. Repealed. Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1569

Section, act Sept. 3, 1954, ch. 1257, title III, §340, 68 Stat. 1166, related to assimilation of regulations relating to promotion.

§§1301 to 1314. Repealed. Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1569

Section 1301, act Sept. 3, 1954, ch. 1257, title IV, §401, 68 Stat. 1166, related to applicability of sections 1301 to 1314 of this title, and defined terms.

Section 1302, acts Sept. 3, 1954, ch. 1257, title IV, §402, 68 Stat. 1166; June 30, 1955, ch. 247, §3(a), 69 Stat. 218, provided for authorized numbers and distribution of officers in the Naval Reserve. See sections 12003 to 12005 and 14001 et seq. of Title 10, Armed Forces.

Section 1303, acts Sept. 3, 1954, ch. 1257, title IV, §403, 68 Stat. 1167; June 30, 1955, ch. 247, §3(b), 69 Stat. 218, related to applicability of laws relating to selection for promotion of Regular officers. See sections 14001 et seq., 14101 et seq., 14307, and 14501 et seq. of Title 10.

Section 1304, act Sept. 3, 1954, ch. 1257, title IV, §404, 68 Stat. 1167, provided for running mates. See section 14306 of Title 10.

Section 1305, acts Sept. 3, 1954, ch. 1257, title IV, §405, 68 Stat. 1168; June 30, 1955, ch. 247, §3(c), (d), 69 Stat. 218, related to eligibility for promotion. See sections 14001 et seq., 14306, and 14501 et seq. of Title 10.

Section 1306, act Sept. 3, 1954, ch. 1257, title IV, §406, 68 Stat. 1168, related to applicability of laws relating to eligibility for promotion of Regular officers. See sections 14001 et seq. and 14308 of Title 10, Armed Forces and section 209 of Title 37, Pay and Allowances of the Uniformed Services.

Section 1307, act Sept. 3, 1954, ch. 1257, title IV, §407, 68 Stat. 1169, related to restriction on applicability of subchapter to officers on active status. See section 14301 et seq. of Title 10, Armed Forces.

Section 1308, act Sept. 3, 1954, ch. 1257, title IV, §408, 68 Stat. 1169, provided for qualifications for promotion.

Section 1309, act Sept. 3, 1954, ch. 1257, title IV, §409, 68 Stat. 1169, provided for removal from promotion list by the President. See section 14310 of Title 10.

Section 1310, act Sept. 3, 1954, ch. 1257, title IV, §410, 68 Stat. 1169, provided for precedence.

Section 1311, act Sept. 3, 1954, ch. 1257, title IV, §411, 68 Stat. 1169, provided for elimination from active status. See sections 6389 and 14512(b) of Title 10.

Section 1312, act Sept. 3, 1954, ch. 1257, title IV, §412, 68 Stat. 1171, provided for transfer to Retired Reserve for age, and exempted certain flag and general officers. See section 14512(b) of Title 10.

Section 1313, act Sept. 3, 1954, ch. 1257, title IV, §413, 68 Stat. 1171, provided for promotions under Secretary's regulations. See section 14301 et seq. of Title 10.

Section 1314, act Sept. 3, 1954, ch. 1257, title IV, §414, as added June 30, 1955, ch. 247, §3(e), 69 Stat. 219, related to promotion of Naval and Marine officers selected for promotion prior to July 1, 1955.

§§1331 to 1357. Repealed. Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1569

Section 1331, acts Sept. 3, 1954, ch. 1257, title V, §501, 68 Stat. 1171; June 30, 1955, ch. 247, §4(a), 69 Stat. 219, related to applicability of sections 1331 to 1357 of this title, and defined terms.

Section 1332, acts Sept. 3, 1954, ch. 1257, title V, §502, 68 Stat. 1172; June 30, 1955, ch. 247, §4(b), 69 Stat. 219, related to promotion and promotion service. See sections 14001 et seq. and 14301 et seq. of Title 10, Armed Forces.

Section 1333, act Sept. 3, 1954, ch. 1257, title V, §503, 68 Stat. 1172, related to authorized numbers and distribution of Reserve officers of the Air Force. See sections 12003 to 12005, 12009, and 12646 of Title 10.

Section 1334, acts Sept. 3, 1954, ch. 1257, title V, §504, 68 Stat. 1173; June 30, 1955, ch. 247, §4(c), 69 Stat. 219, related to seniority for promotion purposes. See section 14301 et seq. of Title 10.

Section 1335, act Sept. 3, 1954, ch. 1257, title V, §505, 68 Stat. 1173, provided for constructive service credit on appointment. See section 12201 et seq. of Title 10.

Section 1336, acts Sept. 3, 1954, ch. 1257, title V, §506, 68 Stat. 1173; June 30, 1955, ch. 247, §4(d), 69 Stat. 219, related to minimum service in grade. See section 14301 et seq. of Title 10.

Section 1337, act Sept. 3, 1954, ch. 1257, title V, §507, 68 Stat. 1174, related to time limit for consideration. See section 14301 et seq. of Title 10.

Section 1338, acts Sept. 3, 1954, ch. 1257, title V, §508, 68 Stat. 1174; June 30, 1955, ch. 247, §4(e), 69 Stat. 219, related to selection boards. See sections 14101 et seq. and 14301 et seq. of Title 10.

Section 1339, acts Sept. 3, 1954, ch. 1257, title V, §509, 68 Stat. 1174; June 30, 1955, ch. 247, §4(f), 69 Stat. 219, provided for promotion to first lieutenant, and to discharge for failure to qualify for permanent grade. See sections 14301 et seq. and 14503 of Title 10.

Section 1340, acts Sept. 3, 1954, ch. 1257, title V, §510, 68 Stat. 1174; June 30, 1955, ch. 247, §4(g), 69 Stat. 220, related to consideration for promotion to captain, major, and lieutenant colonel. See section 14301 et seq. of Title 10.

Section 1341, acts Sept. 3, 1954, ch. 1257, title V, §511, 68 Stat. 1175; June 30, 1955, ch. 247, §4(h), 69 Stat. 220, provided for promotion to captain, major or lieutenant colonel. See section 14301 et seq. of Title 10.

Section 1342, act Sept. 3, 1954, ch. 1257, title V, §512, 68 Stat. 1175, related to method of selection for promotion to captain, major, or lieutenant colonel. See section 14001 et seq. of Title 10.

Section 1343, act Sept. 3, 1954, ch. 1257, title V, §513, 68 Stat. 1176, authorized special promotions. See section 14301 et seq. of Title 10.

Section 1344, act Sept. 3, 1954, ch. 1257, title V, §514, 68 Stat. 1176, related to promotion of officers serving in temporary grade higher than permanent grade. See section 14301 et seq. of Title 10.

Section 1345, act Sept. 3, 1954, ch. 1257, title V, §515, 68 Stat. 1177, related to female Reserve officers.

Section 1346, act Sept. 3, 1954, ch. 1257, title V, §516, 68 Stat. 1177, related to promotion to colonel. See section 14301 et seq. of Title 10.

Section 1347, act Sept. 3, 1954, ch. 1257, title V, §517, 68 Stat. 1177, provided for promotion to brigadier general and major general. See sections 14314 and 14315 of Title 10.

Section 1348, act Sept. 3, 1954, ch. 1257, title V, §518, 68 Stat. 1178, provided for removal from the promotion list by the President. See section 14301 et seq. of Title 10.

Section 1349, act Sept. 3, 1954, ch. 1257, title V, §519, 68 Stat. 1179, related to Air National Guard. See section 14301 et seq. of Title 10, Armed Forces, and section 307 of Title 32, National Guard.

Section 1350, act Sept. 3, 1954, ch. 1257, title V, §520, 68 Stat. 1179, provided for promotion to first lieutenant in Air National Guard of the United States. See sections 14301 et seq. and 14503 of Title 10, Armed Forces.

Section 1351, act Sept. 3, 1954, ch. 1257, title V, §521, 68 Stat. 1179, provided for promotion to captain, major, and lieutenant colonel in the Air National Guard. See section 14301 et seq. of Title 10.

Section 1352, act Sept. 3, 1954, ch. 1257, title V, §522, 68 Stat. 1180, related to deferred officers. See section 14301 et seq. of Title 10, Armed Forces, and section 323 of Title 32, National Guard.

Section 1353, acts Sept. 3, 1954, ch. 1257, title V, §523, 68 Stat. 1181; June 30, 1955, ch. 247, §4(i), 69 Stat. 220, related to maximum ages for retention in active status. See sections 14510 to 14512 of Title 10, Armed Forces.

Section 1354, acts Sept. 3, 1954, ch. 1257, title V, §524, 68 Stat. 1182; June 30, 1955, ch. 247, §4(j), 69 Stat. 220, related to elimination of officers for length of service. See section 14501 et seq. of Title 10.

Section 1355, act Sept. 3, 1954, ch. 1257, title V, §525, 68 Stat. 1183, provided for elimination of excess officers. See sections 14514 and 14704 of Title 10.

Section 1356, act Sept. 3, 1954, ch. 1257, title V, §526, 68 Stat. 1183, provided for elimination or transfer of adjutants general or assistant adjutants general. See section 14314(a), (c) of Title 10.

Section 1357, act Sept. 3, 1954, ch. 1257, title V, §527, as added June 30, 1955, ch. 247, §4(k), 69 Stat. 220, related to civilian employees of the Air National Guard.

§§1381 to 1398. Repealed. Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1569

Section 1381, act Sept. 3, 1954, ch. 1257, title VI, §601, 68 Stat. 1183, defined terms used in sections 1381 to 1399 of this title. See section 3731 of Title 14, Coast Guard.

Section 1382, act Sept. 3, 1954, ch. 1257, title VI, §602, 68 Stat. 1183, related to applicability of sections 1381 to 1399 of this title. See section 3732 of Title 14.

Section 1383, act Sept. 3, 1954, ch. 1257, title VI, §603, 68 Stat. 1184, related to authorized numbers and distribution of officers in the Coast Guard Reserve. See section 3735 of Title 14.

Section 1384, act Sept. 3, 1954, ch. 1257, title VI, §604, 68 Stat. 1184, related to promotions and selection boards. See section 3740 of Title 14.

Section 1385, act Sept. 3, 1954, ch. 1257, title VI, §605, 68 Stat. 1185, provided for precedence. See section 3736 of Title 14.

Section 1386, acts Sept. 3, 1954, ch. 1257, title VI, §606, 68 Stat. 1185; June 30, 1955, ch. 247, §5(a), 69 Stat. 221, related to running mates. See section 3737 of Title 14.

Section 1387, act Sept. 3, 1954, ch. 1257, title VI, §607, 68 Stat. 1186, related to promotion zones. See section 3742 of Title 14.

Section 1388, acts Sept. 3, 1954, ch. 1257, title VI, §608, 68 Stat. 1186; June 30, 1955, ch. 247, §5(b), 69 Stat. 221, related to date of rank upon promotion. See section 3747 of Title 14.

Section 1389, act Sept. 3, 1954, ch. 1257, title VI, §609, 68 Stat. 1186, related to minimum points for consideration for promotion.

Section 1390, act Sept. 3, 1954, ch. 1257, title VI, §610, 68 Stat. 1186, related to qualifications for promotion. See section 3745 of Title 14.

Section 1391, act Sept. 3, 1954, ch. 1257, title VI, §611, 68 Stat. 1186, related to failure of selection and elimination. See section 3751 of Title 14.

Section 1392, act Sept. 3, 1954, ch. 1257, title VI, §612, 68 Stat. 1187, provided for removal from promotion list by the President. See section 3749 of Title 14.

Section 1393, act Sept. 3, 1954, ch. 1257, title VI, §613, 68 Stat. 1187, related to maximum ages for active status. See section 3753 of Title 14.

Section 1394, act Sept. 3, 1954, ch. 1257, title VI, §614, 68 Stat. 1187, related to type of promotion. See section 3748 of Title 14.

Section 1395, act Sept. 3, 1954, ch. 1257, title VI, §615, 68 Stat. 1188, related to promotion of officers serving on active duty. See section 3739 of Title 14.

Section 1396, act Sept. 3, 1954, ch. 1257, title VI, §616, 68 Stat. 1188, provided for appointment of former Navy and Coast Guard officers. See section 3755 of Title 14.

Section 1397, act Sept. 3, 1954, ch. 1257, title VI, §617, 68 Stat. 1188, provided for recall of retired officers. See section 3757 of Title 14.

Section 1398, act Sept. 3, 1954, ch. 1257, title VI, §618, 68 Stat. 1188, authorized the Secretary to promulgate regulations.

§1399. Omitted

Editorial Notes

Codification

Section, act Sept. 3, 1954, ch. 1257, title VI, §619, as added June 30, 1955, ch. 247, §5(c), 69 Stat. 221, which authorized promotion of officers who were selected for promotion prior to July 1, 1955.

CHAPTER 28—STATUS OF ARMED FORCES PERSONNEL APPOINTED TO SERVICE ACADEMIES

§§1411 to 1414. Repealed. Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1570

Section 1411, act June 25, 1956, ch. 439, §1, 70 Stat. 333, related to continuance of enlisted contract or period of obligated service and to pay allowance and benefits. See section 516 of Title 10, Armed Forces.

Section 1412, act June 25, 1956, ch. 439, §2, 70 Stat. 333, related to reversion to enlisted status upon separation from the service academies. See section 516 of Title 10.

Section 1413, act June 25, 1956, ch. 439, §3, 70 Stat. 333, related to charge against allowed number of personnel in Armed Forces.

Section 1414, act June 25, 1956, ch. 439, §4, 70 Stat. 333, related to restriction on counting Academy service towards length of service as an officer.

CHAPTER 29—NATIONAL DEFENSE CONTRACTS

        

§1431. Authorization; official approval; Congressional action: notification of committees of certain proposed obligations, resolution of disapproval, continuity of session, computation of period

(a) The President may authorize any department or agency of the Government which exercises functions in connection with the national defense, acting in accordance with regulations prescribed by the President for the protection of the Government, to enter into contracts or into amendments or modifications of contracts heretofore or hereafter made and to make advance payments thereon, without regard to other provisions of law relating to the making, performance, amendment, or modification of contracts, whenever he deems that such action would facilitate the national defense. The authority conferred by this section shall not be utilized to obligate the United States in an amount in excess of $500,000 without approval by an official at or above the level of an Assistant Secretary or his Deputy, or an assistant head or his deputy, of such department or agency, or by a Contract Adjustment Board established therein. The authority conferred by this section may not be utilized to obligate the United States in an amount in excess of $150,000,000 unless the Committees on Armed Services of the Senate and the House of Representatives and in addition, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with respect to contracts, or modifications or amendments to contracts, or advance payments proposed to be made under this section by the Secretary of the Department in which the Coast Guard is operating with respect to the acquisition of Coast Guard cutters or aircraft, have been notified in writing of such proposed obligation and 60 days of continuous session of Congress have expired following the date on which such notice was transmitted to such Committees. For purposes of this section, the continuity of a session of Congress is broken only by an adjournment of the Congress sine die at the end of a Congress, and the days on which either House is not in session because of an adjournment of more than 3 days to a day certain, or because of an adjournment sine die other than at the end of a Congress, are excluded in the computation of such 60-day period.

(b) Temporary Authority to Modify Certain Contracts and Options Based on the Impacts of Inflation.—Only amounts specifically provided by an appropriations Act for the purposes detailed in subsections (c) and (d) of this section may be used by the Secretary of Defense to carry out such subsections. If any such amounts are so specifically provided, the Secretary may use them for such purposes.

(c)(1) The Secretary of Defense, acting pursuant to a Presidential authorization under subsection (a) and in accordance with subsection (b)—

(A) may, notwithstanding subsection (e) of section 1432 of this title, make an amendment or modification to an eligible contract when, due solely to economic inflation, the cost to a prime contractor of performing such eligible contract is greater than the price of such eligible contract; and

(B) may not request consideration from such prime contractor for such amendment or modification.

(2) A prime contractor may submit to the Secretary of Defense a request for an amendment or modification to an eligible contract pursuant to subsection (a) when, due solely to economic inflation, the cost to a covered subcontractor of performing an eligible subcontract is greater than the price of such eligible subcontract. Such request shall include a certification that the prime contractor—

(A) will remit to such covered subcontractor the difference, if any, between the original price of such eligible contract and the price of such eligible contract if the Secretary of Defense makes an amendment or modification pursuant to subsection (a); and

(B) will not require such covered subcontractor to pay additional consideration or fees related to such amendment or modification.

(3) If a prime contractor does not make the request described in paragraph (2), a covered subcontractor may submit to a contracting officer of the Department of Defense a request for an amendment or modification to an eligible subcontract when, due solely to economic inflation, the cost to such covered subcontractor of performing such eligible subcontract is greater than the price of such eligible subcontract.

(d) Any adjustment or modification made pursuant to subsection (c) to an eligible contract or an eligible subcontract shall—

(1) be contingent upon the continued performance, as applicable, of such eligible contract or such eligible subcontract; and

(2) account only for the actual cost of performing such eligible contract or such eligible subcontract, but may account for indirect costs of performance, as the Secretary of Defense determines appropriate.

(e) The authority under subsections (c) and (d) shall be effective during the period beginning on December 23, 2022, and ending on December 31, 2025.

(f) In this section:

(1) The term "covered subcontractor" means a subcontractor who has entered into an eligible subcontract with a prime contractor.

(2) The term "eligible contract" means a contract awarded to a prime contractor by the Secretary of Defense pursuant to subsection (a).

(3) The term "eligible subcontract" means a subcontract made under an eligible contract to a covered subcontractor.

(Pub. L. 85–804, §1, Aug. 28, 1958, 72 Stat. 972; Pub. L. 93–155, title VIII, §807(a), Nov. 16, 1973, 87 Stat. 615; Pub. L. 101–510, div. A, title XIII, §1313, Nov. 5, 1990, 104 Stat. 1670; Pub. L. 102–25, title VII, §705(f), Apr. 6, 1991, 105 Stat. 120; Pub. L. 116–92, div. C, title XXXV, §3507(c), Dec. 20, 2019, 133 Stat. 1976; Pub. L. 117–263, div. A, title VIII, §822(a), Dec. 23, 2022, 136 Stat. 2709; Pub. L. 118–31, div. A, title VIII, §824, Dec. 22, 2023, 137 Stat. 332; Pub. L. 118–159, div. A, title VIII, §824, Dec. 23, 2024, 138 Stat. 1984.)

Editorial Notes

Amendments

2024—Subsec. (e). Pub. L. 118–159 substituted "December 31, 2025" for "December 31, 2024".

2023—Subsec. (b). Pub. L. 118–31, §824(1), inserted at end "If any such amounts are so specifically provided, the Secretary may use them for such purposes."

Subsec. (e). Pub. L. 118–31, §824(2), substituted "December 31, 2024" for "December 31, 2023".

2022—Pub. L. 117–263, §822(a)(1), (4), inserted section 1 designation in original Act, designated existing provisions as subsec. (a), and added subsecs. (b) to (f).

Subsec. (a). Pub. L. 117–263, §822(a)(2), (3), substituted "an amount in excess of $500,000" for "an amount in excess of $50,000" and "an amount in excess of $150,000,000" for "any amount in excess of $25,000,000".

2019—Pub. L. 116–92, in third sentence, inserted "and in addition, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with respect to contracts, or modifications or amendments to contracts, or advance payments proposed to be made under this section by the Secretary of the Department in which the Coast Guard is operating with respect to the acquisition of Coast Guard cutters or aircraft," after "House of Representatives".

1991—Pub. L. 102–25, §705(f)(1), inserted before period at end of third sentence "and 60 days of continuous session of Congress have expired following the date on which such notice was transmitted to such Committees".

Pub. L. 102–25, §705(f)(2), in fourth sentence, inserted "at the end of a Congress" after "sine die" and ", or because of an adjournment sine die other than at the end of a Congress," after "to a day certain".

1990—Pub. L. 101–510 struck out before period at end of third sentence "and 60 days of continuous session of Congress have expired following the date on which such notice was transmitted to such Committees and neither House of Congress has adopted, within such 60-day period, a resolution disapproving such obligation".

1973—Pub. L. 93–155 provided for notification of Congressional Committees with respect to certain proposed obligations, Congressional resolution of disapproval, continuity of Congressional session, and computation of period.

Statutory Notes and Related Subsidiaries

Effective Date of 1991 Amendment

Pub. L. 102–25, title VII, §705(f)(1), Apr. 6, 1991, 105 Stat. 120, provided that the amendment made by that section is effective as of Nov. 6, 1990.

Nonapplicability of National Emergencies Act

The provisions of the National Emergencies Act [see Short Title note set out under section 1601 of this title] shall not apply to the powers and authorities conferred by this section and actions taken hereunder, see section 1651(a)(4) of this title.

Guidance

Pub. L. 117–263, div. A, title VIII, §822(b), Dec. 23, 2022, 136 Stat. 2711, provided that: "Not later than 90 days after the date of the enactment of an Act providing appropriations to carry out section 1 of Public Law 85–804 (50 U.S.C. 1431) (as added by subsection (a)), the Under Secretary of Defense for Acquisition and Sustainment shall issue guidance implementing the authority under subsections (b) through (d) of section 1 of Public Law 85–804 (50 U.S.C. 1431) (as added by subsection (a))."

Obligations Entered Into Before November 16, 1973

Pub. L. 93–155, title VIII, §807(e), Nov. 16, 1973, 87 Stat. 616, provided that: "The amendments made by this section [amending this section, sections 3816 and 4532 of this title, and section 2307 of Title 10, Armed Forces] shall not affect the carrying out of any contract, loan, guarantee, commitment, or other obligation entered into prior to the date of enactment of this section [Nov. 16, 1973]."

Executive Documents

Ex. Ord. No. 10789. Contracting Authority of Government Agencies in Connection With National Defense Functions

Ex. Ord. No. 10789, Nov. 14, 1958, 23 F.R. 8897, as amended by Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683; Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247; Ex. Ord. No. 11610, July 22, 1971, 36 F.R. 13755; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239; Ex. Ord. No. 12919, §904(b), June 3, 1994, 59 F.R. 29534; Ex. Ord. No. 13232, Oct. 20, 2001, 66 F.R. 53941; Ex. Ord. No. 13286, §73, Feb. 28, 2003, 68 F.R. 10630, provided:

By virtue of the authority vested in me by the act of August 28, 1958, 72 Stat. 972, hereinafter called the act [this chapter], and as President of the United States, and deeming that such action will facilitate the national defense, it is hereby ordered as follows:

Part I—Department of Defense

Under such regulations, which shall be uniform to the extent practicable, as may be prescribed or approved by the Secretary of Defense:

1. The Department of Defense is authorized, within the limits of the amounts appropriated and the contract authorization provided therefor, to enter into contracts and into amendments or modifications of contracts heretofore or hereafter made, and to make advance payments thereon, without regard to the provisions of law relating to the making, performance, amendment, or modification of contracts, whenever, in the judgment of the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force, or the duly authorized representative of any such Secretary, the national defense will be facilitated thereby.

1A. (a) The limitation in paragraph 1 to amounts appropriated and the contract authorization provided therefor shall not apply to contractual provisions which provide that the United States will hold harmless and indemnify the contractor against any of the claims or losses set forth in subparagraph (b), whether resulting from the negligence or wrongful act or omission of the contractor or otherwise (except as provided in subparagraph (b)(2)). This exception from the limitations of paragraph 1 shall apply only to claims or losses arising out of or resulting from risks that the contract defines as unusually hazardous or nuclear in nature. Such a contractual provision shall be approved in advance by an official at a level not below that of the Secretary of a military department and may require each contractor so indemnified to provide and maintain financial protection of such type and in such amounts as is determined by the approving official to be appropriate under the circumstances. In deciding whether to approve the use of an indemnification provision and in determining the amount of financial protection to be provided and maintained by the indemnified contractor, the appropriate official shall take into account such factors as the availability, cost and terms of private insurance, self-insurance, other proof of financial responsibility and workmen's compensation insurance. Such approval and determination, as required by the preceding two sentences, shall be final.

(b)(1) Subparagraph (a) shall apply to claims (including reasonable expenses of litigation and settlement) or losses, not compensated by insurance or otherwise, of the following types:

(A) Claims by third persons, including employees of the contractor, for death, personal injury, or loss of, damage to, or loss of use of property;

(B) Loss of, damage to, or loss of use of property of the contractor;

(C) Loss of, damage to, or loss of use of property of the Government;

(D) Claims arising (i) from indemnification agreements between the contractor and a subcontractor or subcontractors, or (ii) from such arrangements and further indemnification arrangements between subcontractors at any tier; provided that all such arrangements were entered into pursuant to regulations prescribed or approved by the Secretaries of Defense, the Army, the Navy, or the Air Force.

(2) Indemnification and hold harmless agreements entered into pursuant to this subsection, whether between the United States and a contractor, or between a contractor and a subcontractor, or between two subcontractors, shall not cover claims or losses caused by the willful misconduct or lack of good faith on the part of any of the contractor's or subcontractor's directors or officers or principal officials which are (i) claims by the United States (other than those arising through subrogation) against the contractor or subcontractor, or (ii) losses affecting the property of such contractor or subcontractor. Regulations to be prescribed or approved by the Secretaries of Defense, the Army, the Navy or the Air Force shall define the scope of the term principal officials.

(3) The United States may discharge its obligation under a provision authorized by subparagraph (a) by making payments directly to subcontractors or to third persons to whom a contractor or subcontractor may be liable.

(c) A contractual provision made under subparagraph (a) that provides for indemnification must also provide for—

(1) notice to the United States of any claim or action against, or of any loss by, the contractor or subcontractor which is covered by such contractual provision; and

(2) control or assistance by the United States, at its election, in the settlement or defense of any such claim or action.

2. The Secretaries of Defense, the Army, the Navy, and the Air Force, respectively, may exercise the authority herein conferred and, in their discretion and by their direction, may delegate such authority to any other military or civilian officers or officials of their respective departments, and may confer upon any such military or civilian officers or officials the power to make further delegations of such authority within their respective commands or organizations: Provided, That the authority herein conferred shall not be utilized to obligate the United States in an amount in excess of $50,000 without approval by an official at or above the level of an Assistant Secretary or his Deputy, or by a departmental Contract Adjustment Board.

3. The contracts hereby authorized to be made shall include agreements of all kinds (whether in the form of letters of intent, purchase orders, or otherwise) for all types and kinds of property or services necessary, appropriate, or convenient for the national defense, or for the invention, development, or production of, or research concerning, any such property or services, including, but not limited to, aircraft, missiles, buildings, vessels, arms, armament, equipment or supplies of any kind, or any portion thereof, including plans, spare parts and equipment therefor, materials, supplies, facilities, utilities, machinery, machine tools, and any other equipment without any restriction of any kind as to type, character, location, or form.

4. The Department of Defense may by agreement modify or amend or settle claims under contracts heretofore or hereafter made, may make advance payments upon such contracts of any portion of the contract price, and may enter into agreements with contractors or obligors modifying or releasing accrued obligations of any sort, including accrued liquidated damages or liability under surety or other bonds. Amendments or modifications of contracts may be with or without consideration and may be utilized to accomplish the same things as any original contract could have accomplished hereunder, irrespective of the time or circumstances of the making, or the form, of the contract amended or modified, or of the amending or modifying contract, and irrespective of rights which may have accrued under the contract or the amendments or modifications thereof.

5. Proper records of all actions taken under the authority of the act shall be maintained within the Department of Defense. The Secretaries of Defense, the Army, the Navy, and the Air Force shall make such records available for public inspection except to the extent that they, or their duly authorized representatives, may respectively deem the disclosure of information therein to be detrimental to the national security.

6. The Department of Defense shall, by March 15 of each year, report to the Congress all actions taken within that department under the authority of the act during the preceding calendar year. With respect to actions which involve actual or potential cost to the United States in excess of $50,000, the report shall (except as the disclosure of such information may be deemed to be detrimental to the national security)—

(a) name the contractor;

(b) state the actual cost or estimated potential cost involved;

(c) describe the property or services involved; and

(d) state further the circumstances justifying the action taken.

7. There shall be no discrimination in any act performed hereunder against any person on the ground of race, religion, color, or national origin, and all contracts entered into, amended, or modified hereunder shall contain such nondiscrimination provision as otherwise may be required by statute or Executive order.

8. No claim against the United States arising under any purchase or contract made under the authority of the act and this order shall be assigned except in accordance with the Assignment of Claims Act of 1940 (54 Stat. 1029), as amended [section 3727 of Title 31, Money and Finance, and section 6305 of Title 41, Public Contracts].

9. Advance payments shall be made hereunder only upon obtaining adequate security.

10. Every contract entered into, amended, or modified pursuant to this order shall contain a warranty by the contractor in substantially the following terms:

"The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bonafide employees or bonafide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee."

11. Except as provided in the Act of September 27, 1966, 80 Stat. 850 [which amended section 1433 of this title, former sections 2310 (now 10 U.S.C. 4751) and 2313 (see 10 U.S.C. 3841) of Title 10, Armed Forces, and section 254 of former Title 41, Public Contracts] contracts entered into, amended, or modified pursuant to authority of this order shall include a clause to the effect that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of three years after final payment, have access to and the right to examine any directly pertinent books, documents, papers, and records of the contractor or any of his subcontractors engaged in the performance of, and involving transactions related to, such contracts or subcontracts. Before exercising the authority provided in the Act of September 27, 1966, 80 Stat. 850 the Secretaries of Defense, the Army, the Navy, or the Air Force, or their designees, shall first determine that all reasonable efforts have been made to include the clause prescribed above and that alternate sources of supply are not reasonably available.

12. Nothing herein contained shall be construed to constitute authorization hereunder for—

(a) the use of the cost-plus-a-percentage-of-cost system of contracting;

(b) any contract in violation of existing law relating to limitation of profits or fees;

(c) the negotiation of purchases of or contracts for property or services required by law to be procured by formal advertising and competitive bidding;

(d) the waiver of any bid, payment, performance, or other bond required by law;

(e) the amendment of a contract negotiated under [former] section 2304(a)(15) of Title 10 of the United States Code to increase the contract price to an amount higher than the lowest rejected bid of any responsible bidder; or

(f) the formalization of an informal commitment, unless the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force, or the duly authorized representative of any such Secretary, finds that at the time the commitment was made it was impracticable to use normal procurement procedures.

13. The provisions of the Walsh-Healey Act (49 Stat. 2036), as amended [now chapter 65 of Title 41, Public Contracts], the Davis-Bacon Act (49 Stat. 1011), as amended [now sections 3141–3144, 3146, and 3147 of Title 40, Public Buildings, Property, and Works], the Copeland Act (48 Stat. 948), as amended, and the Eight-Hour Law (37 Stat. 137), as amended [sections 321 to 323 of former Title 40, Public Buildings, Property, and Works], if otherwise applicable, shall apply to contracts made and performed under the authority of this order.

14. Nothing herein contained shall prejudice anything heretofore done under Executive Order No. 9001 of December 27, 1941, or Executive Order No. 10210 of February 2, 1951, or any amendments or extensions thereof, or the continuance in force of an action heretofore taken under those orders or any amendments or extensions thereof.

15. Nothing herein contained shall prejudice any other authority which the Department of Defense may have to enter into, amend, or modify contracts, and to make advance payments.

Part II—Extension of Provisions of Paragraphs 1 to 14

21. Subject to the limitations and regulations contained in paragraphs 1 to 14, inclusive, hereof, and under any regulations prescribed by him in pursuance of the provisions of paragraph 22 hereof, the head of each of the following-named agencies is authorized to perform or exercise as to his agency, independently of any Secretary referred to in the said paragraphs 1 to 14, all the functions and authority vested by those paragraphs in the Secretaries mentioned therein:

Department of the Treasury.

Department of the Interior.

Department of Agriculture.

Department of Commerce.

Department of Health and Human Services[.]

Department of Transportation.

Atomic Energy Commission.

General Services Administration.

National Aeronautics and Space Administration.

Tennessee Valley Authority.

Government Printing Office [now Government Publishing Office].

Department of Homeland Security.

22. The head of each agency named in paragraph 21 hereof is authorized to prescribe regulations governing the carrying out of the functions and authority vested with respect to his agency by the provisions of paragraph 21 hereof. Such regulations shall, to the extent practicable, be uniform with the regulations prescribed or approved by the Secretary of Defense under the provisions of Part I of this order.

23. Nothing contained herein shall prejudice any other authority which any agency named in paragraph 21 hereof may have to enter into, amend, or modify contracts and to make advance payments.

24. Nothing contained in this Part shall constitute authorization thereunder for the amendment of a contract negotiated under [former] section 322(c)(14) of the Federal Property and Administrative Services Act of 1949 (63 Stat. 394), as amended by section 2(b) of the act of August 28, 1958, 72 Stat. 966, to increase the contract price to an amount higher than the lowest rejected bid of any responsible bidder.

Part III—Coordination with Other Authorities

25. After March 1, 2003, no executive department or agency shall exercise authority granted under paragraph 1A of this order with respect to any matter that has been, or could be, designated by the Secretary of Homeland Security as a qualified anti-terrorism technology as defined in section 865 of the Homeland Security Act of 2002 [6 U.S.C. 444], unless—

(a) in the case of the Department of Defense, the Secretary of Defense has, after consideration of the authority provided under subtitle G of title VIII of the Homeland Security Act of 2002 [6 U.S.C. 441 et seq.], determined that the exercise of authority under this order is necessary for the timely and effective conduct of United States military or intelligence activities; and

(b) in the case of any other executive department or agency that has authority under this order, (i) the Secretary of Homeland Security has advised whether the use of the authority provided under subtitle G of title VIII of the Homeland Security Act of 2002 would be appropriate, and (ii) the Director of the Office and [sic] Management and Budget has approved the exercise of authority under this order.

Authorizing the Exercise of Authority Under Public Law 85–804

Memorandum of President of the United States, Apr. 10, 2020, 85 F.R. 21735, provided:

Memorandum for the Secretary of Veterans Affairs

By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following:

Section 1. On March 13, 2020, I declared a national emergency recognizing the threat that the ongoing outbreak of COVID–19, the disease caused by the novel (new) coronavirus known as SARS–CoV–2 ("the virus"), poses to the Nation's healthcare systems. I also determined on the same day that the COVID–19 outbreak constitutes an emergency, of nationwide scope, pursuant to section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)). On March 18, 2020, I declared that health and medical resources needed to respond to the spread of COVID–19 meet the criteria specified in section 101(b) of the Defense Production Act of 1950 (50 U.S.C. 4511(b)), including that they are essential to the national defense.

Sec. 2. The Secretary of Veterans Affairs is authorized to exercise authority under Public Law 85–804, as amended (50 U.S.C. 1431 et seq.), to the same extent and subject to the same conditions and limitations as the head of an executive department or agency listed in section 21 of Executive Order 10789 of November 14, 1958 (Authorizing Agencies of the Government to Exercise Certain Contracting Authority in Connection with National-Defense Functions and Prescribing Regulations Governing the Exercise of Such Authority) [50 U.S.C. 1431 note], as amended, with respect to contracts performed in support of efforts by the Department of Veterans Affairs to combat the virus. This authority may only be exercised with regard to transactions directly responsive to the COVID–19 national emergency.

Sec. 3. The Department of Veterans Affairs is exercising functions in connection with the national defense in the course of contributing to the Nation's response to the ongoing outbreak of COVID–19. I deem that the authorization provided in this memorandum and actions taken pursuant to that authorization would facilitate the national defense.

Sec. 4. This memorandum shall terminate on September 30, 2020.

Sec. 5. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Sec. 6. You are authorized and directed to publish this memorandum in the Federal Register.

Donald J. Trump.      

§1432. Restrictions

Nothing in this chapter shall be construed to constitute authorization hereunder for—

(a) the use of the cost-plus-a-percentage-of-cost system of contracting;

(b) any contract in violation of existing law relating to limitation of profits;

(c) the negotiation of purchases of or contracts for property or services required by law to be procured by formal advertising and competitive bidding;

(d) the waiver of any bid, payment, performance, or other bond required by law;

(e) the amendment of a contract negotiated under section 2304(a)(15) ¹ of title 10 or under section 252(c)(13) ¹ of title 41, to increase the contract price to an amount higher than the lowest rejected bid of any responsible bidder; or

(f) the formalization of an informal commitment, unless it is found that at the time the commitment was made it was impracticable to use normal procurement procedures.

(Pub. L. 85–804, §2, Aug. 28, 1958, 72 Stat. 972.)

Editorial Notes

References in Text

Section 2304 of title 10, referred to in subd. (e), was amended generally by Pub. L. 98–369 and, as so amended, did not contain a subsec. (a)(15). Section 2304 was repealed by Pub. L. 116–283, div. A, title XVIII, §§1801(d), 1881(a), Jan. 1, 2021, 134 Stat. 4151, 4293, effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law.

Section 252(c)(13) of title 41, referred to in subd. (e), was renumbered section 252(c)(14) of former Title 41, Public Contracts, by Pub. L. 85–800, §2(b), Aug. 28, 1958, 72 Stat. 966. Subsequently, Pub. L. 98–369 amended section 252 of former Title 41 by striking out subsec. (c), redesignating subsec. (e) as (c)(1), and adding subsec. (c)(2).

Statutory Notes and Related Subsidiaries

Nonapplicability of National Emergencies Act

The provisions of the National Emergencies Act [see Short Title note set out under section 1601 of this title] shall not apply to the powers and authorities conferred by this section and actions taken hereunder, see section 1651(a)(4) of this title.

¹ See References in Text note below.

§1433. Public record; examination of records by Comptroller General; exemptions: exceptional conditions; reports to Congress

(a) All actions under the authority of this chapter shall be made a matter of public record under regulations prescribed by the President and when deemed by him not to be detrimental to the national security.

(b) All contracts entered into, amended, or modified pursuant to authority contained in this chapter shall include a clause to the effect that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of three years after final payment, have access to and the right to examine any directly pertinent books, documents, papers, and records of the contractor or any of his subcontractors engaged in the performance of and involving transactions related to such contracts or subcontracts. Under regulations to be prescribed by the President, however, such clause may be omitted from contracts with foreign contractors or foreign subcontractors if the agency head determines, with the concurrence of the Comptroller General of the United States or his designee, that the omission will serve the best interests of the United States. However, the concurrence of the Comptroller General of the United States or his designee is not required for the omission of such clause—

(1) where the contractor or subcontractor is a foreign government or agency thereof or is precluded by the laws of the country involved from making its books, documents, papers, or records available for examination; and

(2) where the agency head determines, after taking into account the price and availability of the property or services from United States sources, that the public interest would be best served by the omission of the clause.

If the clause is omitted based on a determination under clause (2), a written report shall be furnished to the Congress.

(Pub. L. 85–804, §3, Aug. 28, 1958, 72 Stat. 972; Pub. L. 89–607, §3, Sept. 27, 1966, 80 Stat. 851.)

Editorial Notes

Amendments

1966—Subsec. (b). Pub. L. 89–607 provided for exemption of certain contracts with foreign contractors from the requirement for an examination-of-records clause, such determination to be reported to Congress.

Statutory Notes and Related Subsidiaries

Nonapplicability of the National Emergencies Act

The provisions of the National Emergencies Act [see Short Title note set out under section 1601 of this title] shall not apply to the powers and authorities conferred by this section and actions taken hereunder, see section 1651(a)(4) of this title.

Executive Documents

Exemption of Functions

Functions with respect to purchases authorized to be made outside the limits of the United States or the District of Columbia under the Foreign Assistance Act of 1961, as amended [see Short Title note set out under section 2151 of Title 22, Foreign Relations and Intercourse], as exempt, see Ex. Ord. No. 11223, eff. May 12, 1965, 30 F.R. 6635, set out under section 2393 of Title 22.

Foreign Contractors

Secretaries of Defense, Army, Navy, or Air Force, or their designees, to determine, prior to exercising the authority provided in the amendment by Pub. L. 89–607 to exempt certain contracts with foreign contractors from the requirement of an examination-of-records clause, that all reasonable efforts have been made to include such examination-of-records clause, as required by par. 11 of Part I of Ex. Ord. No. 10789, and that alternate sources of supply are not reasonably available, see par. 11 of Part I of Ex. Ord. No. 10789, eff. Nov. 14, 1958, 23 F.R. 8897, as amended, set out under section 1431 of this title.

§1434. Repealed. Pub. L. 105–362, title IX, §901(r)(1)(A), Nov. 10, 1998, 112 Stat. 3291

Section, Pub. L. 85–804, §4, Aug. 28, 1958, 72 Stat. 972; Pub. L. 104–66, title III, §3001(g), Dec. 21, 1995, 109 Stat. 734, related to reports to Congress by departments and agencies acting under authority of this chapter and requirement that such reports be published in the Congressional Record.

§1435. Effective period

This chapter shall be effective only during a national emergency declared by Congress or the President and for six months after the termination thereof or until such earlier time as Congress, by concurrent resolution, may designate.

(Pub. L. 85–804, §4, formerly §5, Aug. 28, 1958, 72 Stat. 973; renumbered §4, Pub. L. 105–362, title IX, §901(r)(1)(B), Nov. 10, 1998, 112 Stat. 3291.)

Editorial Notes

Prior Provisions

A prior section 4 of Pub. L. 85–804 was classified to section 1434 of this title prior to repeal by Pub. L. 105–362.

Statutory Notes and Related Subsidiaries

Nonapplicability of National Emergencies Act

The provisions of the National Emergencies Act [see Short Title note under section 1601 of this title] shall not apply to the powers and authorities conferred by this section and actions taken hereunder, see section 1651(a)(4) of this title.

§1436. Repealed. Pub. L. 97–295, §6(b), Oct. 12, 1982, 96 Stat. 1314

Section, Pub. L. 91–121, title IV, §410, Nov. 19, 1969, 83 Stat. 210; Pub. L. 94–273, §§4(4), 5(6), 14, Apr. 21, 1976, 90 Stat. 377, 378, related to reporting requirements for former military and civilian officials employed by defense contractors and by Department of Defense employees previously employed by defense contractors.

CHAPTER 30—FEDERAL ABSENTEE VOTING ASSISTANCE

§§1451 to 1454. Transferred

Editorial Notes

Codification

Section 1451, acts Aug. 9, 1955, ch. 656, title I, §101, 69 Stat. 584; June 18, 1968, Pub. L. 90–343, §1, 82 Stat. 180, which related to State enactment of absentee voting legislation, was transferred to section 1973cc of Title 42, The Public Health and Welfare.

Section 1452, acts Aug. 9, 1955, ch. 656, title I, §102, 69 Stat. 584; June 18, 1968, Pub. L. 90–344, §1(1), 82 Stat. 181, which related to balloting procedures, was transferred to section 1973cc–1 of Title 42.

Section 1453, act Aug. 9, 1955, ch. 656, title I, §103, 69 Stat. 584, which related to statistical data, was transferred to section 1973cc–2 of Title 42.

Section 1454, act Aug. 9, 1955, ch. 656, title I, §104, as added June 18, 1968, Pub. L. 90–344, §1(2), 82 Stat. 181, which related to personnel residing on military installations and acquisition of legal residence for voting purposes, was transferred to section 1973cc–3 of Title 42.

Sections 1451 to 1453 were formerly classified to sections 2171 to 2173 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.

§§1461 to 1465. Transferred

Editorial Notes

Codification

Section 1461, act Aug. 9, 1955, ch. 656, title II, §201, 69 Stat. 585, which provided for a Presidential designee to coordinate and facilitate actions to discharge Federal responsibilities and to reports submitted by the designee, was transferred to section 1973cc–11 of Title 42, The Public Health and Welfare.

Section 1462, act Aug. 9, 1955, ch. 656, title II, §202, 69 Stat. 586, which related to current absentee voting information, was transferred to section 1973cc–12 of Title 42.

Section 1463, acts Aug. 9, 1955, ch. 656, title II, §203, 69 Stat. 586; June 18, 1968, Pub. L. 90–344, §1(3), 82 Stat. 181, which related to cooperation of Government officials, drafts of state legislation, and printing and transmitting post cards, was transferred to section 1973cc–13 of Title 42.

Section 1464, acts Aug. 9, 1955, ch. 656, title II, §204, 69 Stat. 586; June 18, 1968, Pub. L. 90–343, §2, 82 Stat. 181; June 18, 1968, Pub. L. 90–344, §1(4), (5), (6), 82 Stat. 182, which related to form and content of post card application, was transferred to section 1973cc–14 of Title 42.

Section 1465, act Aug. 9, 1955, ch. 656, title II, §205, 69 Stat. 588, which provided for use of post card for election of Members of Congress, was transferred to section 1973cc–15 of Title 42.

Sections 1461 to 1465 were formerly classified to sections 2181 to 2185 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.

§§1471 to 1476. Transferred

Editorial Notes

Codification

Section 1471, act Aug. 9, 1955, ch. 656, title III, §301, 69 Stat. 588, which related to definitions, was transferred to section 1973cc–21 of Title 42, The Public Health and Welfare.

Section 1472, act Aug. 9, 1955, ch. 656, title III, §302, 69 Stat. 588, which related to free postage, was transferred to section 1973cc–22 of Title 42.

Section 1473, act Aug. 9, 1955, ch. 656, title III, §303, 69 Stat. 588, which related to prevention of fraud and coercion, was transferred to section 1973cc–23 of Title 42.

Section 1474, act Aug. 9, 1955, ch. 656, title III, §304, 69 Stat. 589, which related to acts done in good faith, was transferred to section 1973cc–24 of Title 42.

Section 1475, act Aug. 9, 1955, ch. 656, title III, §305, 69 Stat. 589, which related to undue influence and free discussion, was transferred to section 1973cc–25 of Title 42.

Section 1476, act Aug. 9, 1955, ch. 656, title III, §308, 69 Stat. 589, which authorized appropriations, was transferred to section 1973cc–26 of Title 42.

Sections 1471 to 1476 were formerly classified to sections 2191 to 2196 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.

CHAPTER 31—ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS

§§1501 to 1509. Transferred

Editorial Notes

Codification

Section 1501, Pub. L. 86–380, §1, Sept. 24, 1959, 73 Stat. 703, which related to establishment of the Advisory Commission on Intergovernmental Relations, was transferred to section 4271 of Title 42, The Public Health and Welfare.

Section 1502, Pub. L. 86–380, §2, Sept. 24, 1959, 73 Stat. 703, which related to declaration of purpose, was transferred to section 4272 of Title 42.

Section 1503, Pub. L. 86–380, §3, Sept. 24, 1959, 73 Stat. 704; Pub. L. 89–733, §§1, 2, Nov. 2, 1966, 80 Stat. 1162, which related to membership of Commission, was transferred to section 4273 of Title 42.

Section 1504, Pub. L. 86–380, §4, Sept. 24, 1959, 73 Stat. 705, which related to organization of Commission, was transferred to section 4274 of Title 42.

Section 1505, Pub. L. 86–380, §5, Sept. 24, 1959, 73 Stat. 705, which related to duties of Commission, was transferred to section 4275 of Title 42.

Section 1506, Pub. L. 86–380, §6, Sept. 24, 1959, 73 Stat. 705; Pub. L. 88–426, title III, §306(e), Aug. 14, 1964, 78 Stat. 429; Pub. L. 89–733, §§3, 4, Nov. 2, 1966, 80 Stat. 1162, which related to powers of Commission and administrative provisions, was transferred to section 4276 of Title 42.

Section 1507, Pub. L. 86–380, §7, Sept. 24, 1959, 73 Stat. 706; Pub. L. 89–733, §5, Nov. 2, 1966, 80 Stat. 1162, which related to compensation of members of Commission, was transferred to section 4277 of Title 42.

Section 1508, Pub. L. 86–380, §8, Sept. 24, 1959, 73 Stat. 706, which authorized appropriations, was transferred to section 4278 of Title 42.

Section 1509, Pub. L. 86–380, §9, as added Pub. L. 89–733, §6, Nov. 2, 1966, 80 Stat. 1162, which related to receipt of funds and to consideration of these funds by Congress in making appropriations for Commission, was transferred to section 4279 of Title 42.

CHAPTER 32—CHEMICAL AND BIOLOGICAL WARFARE PROGRAM

        

§1511. Repealed. Pub. L. 104–106, div. A, title X, §1061(k), Feb. 10, 1996, 110 Stat. 443

Section, Pub. L. 91–121, title IV, §409(a), Nov. 19, 1969, 83 Stat. 209; Pub. L. 93–608, §2(4), Jan. 2, 1975, 88 Stat. 1971; Pub. L. 97–375, title II, §203(a)(2), Dec. 21, 1982, 96 Stat. 1822, directed Secretary of Defense to submit an annual report to Congress on expenditures for research, development, test, and evaluation of all lethal and nonlethal chemical and biological agents.

§1512. Transportation, open air testing, and disposal; Presidential determination; report to Congress; notice to Congress and State Governors

None of the funds authorized to be appropriated by this Act or any other Act may be used for the transportation of any lethal chemical or any biological warfare agent to or from any military installation in the United States, or the open air testing of any such agent within the United States, or the disposal of any such agent within the United States until the following procedures have been implemented:

(1) the Secretary of Defense (hereafter referred to in this section ¹ [50 U.S.C. 1512, 1513–1515, 1517] as the "Secretary") has determined that the transportation or testing proposed to be made is necessary in the interests of national security;

(2) the Secretary has brought the particulars of the proposed transportation, testing, or disposal to the attention of the Secretary of Health and Human Services, who in turn may direct the Surgeon General of the Public Health Service and other qualified persons to review such particulars with respect to any hazards to public health and safety which such transportation, testing, or disposal may pose and to recommend what precautionary measures are necessary to protect the public health and safety;

(3) the Secretary has implemented any precautionary measures recommended in accordance with paragraph (2) above (including, where practicable, the detoxification of any such agent, if such agent is to be transported to or from a military installation for disposal): Provided, however, That in the event the Secretary finds the recommendation submitted by the Surgeon General would have the effect of preventing the proposed transportation, testing, or disposal, the President may determine that overriding considerations of national security require such transportation, testing, or disposal be conducted. Any transportation, testing, or disposal conducted pursuant to such a Presidential determination shall be carried out in the safest practicable manner, and the President shall report his determination and an explanation thereof to the President of the Senate and the Speaker of the House of Representatives as far in advance as practicable; and

(4) the Secretary has provided notification that the transportation, testing, or disposal will take place, except where a Presidential determination has been made: (A) to the President of the Senate and the Speaker of the House of Representatives at least 10 days before any such transportation will be commenced and at least 30 days before any such testing or disposal will be commenced; (B) to the Governor of any State through which such agents will be transported, such notification to be provided appropriately in advance of any such transportation.

(Pub. L. 91–121, title IV, §409(b), Nov. 19, 1969, 83 Stat. 209; Pub. L. 91–441, title V, §506(b)(1), Oct. 7, 1970, 84 Stat. 912; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695.)

Editorial Notes

References in Text

This Act, referred to in introductory provisions, means Pub. L. 91–121, Nov. 19, 1969, 83 Stat. 204. Provisions authorizing the appropriation of funds are not classified to the Code. For complete classification of this Act to the Code, see Tables.

This section, referred to in par. (1), means section 409 of Pub. L. 91–121. Subsecs. (b), (c) to (e), and (g) of section 409 of Pub. L. 91–121 are classified to sections 1512, 1513 to 1515, and 1517 of this title, respectively. Section 409(a) of Pub. L. 91–121 was classified to section 1511 of this title, prior to repeal by Pub. L. 104–106, div. A, title X, §1061(k), Feb. 10, 1996, 110 Stat. 443. Section 409(f) of Pub. L. 91–121 was classified to section 1516 of this title, prior to being eliminated upon the enactment of similar provisions by section 506(a) of Pub. L. 91–441.

Amendments

1970—Pub. L. 91–441 inserted reference to the disposal of lethal chemical or biological warfare agents in the United States.

Statutory Notes and Related Subsidiaries

Change of Name

"Secretary of Health and Human Services" substituted for "Secretary of Health, Education, and Welfare" in par. (2), pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

Riot Control Agents

Pub. L. 109–163, div. A, title XII, §1232, Jan. 6, 2006, 119 Stat. 3468, provided that:

"(a) Restatement of Policy.—It is the policy of the United States that riot control agents are not chemical weapons and that the President may authorize their use as legitimate, legal, and non-lethal alternatives to the use of force that, as provided in Executive Order No. 11850 (40 Fed. Reg. 16187) [set out below] and consistent with the resolution of ratification of the Chemical Weapons Convention, may be employed by members of the Armed Forces in war in defensive military modes to save lives, including the illustrative purposes cited in Executive Order No. 11850.

"(b) Report Required.—

"(1) In general.—Not later than 180 days after the date of the enactment of this Act [Jan. 6, 2006], the President shall submit to Congress a report on the use of riot control agents by members of the Armed Forces.

"(2) Content.—The report required by paragraph (1) shall include—

"(A) a description of all regulations, doctrines, training materials, and any other information related to the use of riot control agents by members of the Armed Forces;

"(B) a description of how the material described in subparagraph (A) is consistent with United States policy on the use of riot control agents;

"(C) a description of the availability of riot control agents, and the means to use them, to members of the Armed Forces, including members of the Armed Forces deployed in Iraq and Afghanistan;

"(D) a description of the frequency and circumstances of the use of riot control agents by members of the Armed Forces since January 1, 1992, and a summary of views held by commanders of United States combatant commands as to the utility of the use of riot control agents by members of the Armed Forces when compared with alternatives;

"(E) a general description of steps taken or planned to be taken by the Department of Defense to clarify the circumstances under which riot control agents may be used by members of the Armed Forces; and

"(F) a brief explanation of the continuing validity of Executive Order No. 11850 [set out below] under United States law.

"(3) Form.—The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

"(c) Definitions.—In this section:

"(1) Chemical weapons convention.—The term 'Chemical Weapons Convention' means the Convention on the Prohibitions of Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, with annexes, done at Paris, January 13, 1993, and entered into force April 29, 1997 (T. Doc. 103–21).

"(2) Resolution of ratification of the chemical weapons convention.—The term 'resolution of ratification of the Chemical Weapons Convention' means S. Res. 75, 105th Congress, agreed to April 24, 1997, advising and consenting to the ratification of the Chemical Weapons Convention."

Chemical Munitions Transportation From Okinawa to the United States

Pub. L. 91–672, §13, Jan. 12, 1971, 84 Stat. 2055, directed that no authorized funds could be used to transport chemical munitions from Okinawa to the United States, but could be used for detoxification or destruction of these munitions only outside the United States.

Definition of "United States"

For definition of "United States" as used in this section, see section 1514 of this title.

Executive Documents

Ex. Ord. No. 11850. Renunciation of Certain Uses in War of Chemical Herbicides and Riot Control Agents

Ex. Ord. No. 11850, Apr. 8, 1975, 40 F.R. 16187, provided:

The United States renounces, as a matter of national policy, first use of herbicides in war except use, under regulations applicable to their domestic use, for control of vegetation within U.S. bases and installations or around their immediate defensive perimeters, and first use of riot control agents in war except in defensive military modes to save lives such as:

(a) Use of riot control agents in riot control situations in areas under direct and distinct U.S. military control, to include controlling rioting prisoners of war.

(b) Use of riot control agents in situations in which civilians are used to mask or screen attacks and civilian casualties can be reduced or avoided.

(c) Use of riot control agents in rescue missions in remotely isolated areas, of downed aircrews and passengers, and escaping prisoners.

(d) Use of riot control agents in rear echelon areas outside the zone of immediate combat to protect convoys from civil disturbances, terrorists and paramilitary organizations.

I have determined that the provisions and procedures prescribed by this Order are necessary to ensure proper implementation and observance of such national policy.

NOW, THEREFORE, by virtue of the authority vested in me as President of the United States of America by the Constitution and laws of the United States and as Commander-in-Chief of the Armed Forces of the United States, it is hereby ordered as follows:

Section 1. The Secretary of Defense shall take all necessary measures to ensure that the use by the Armed Forces of the United States of any riot control agents and chemical herbicides in war is prohibited unless such use has Presidential approval, in advance.

Sec. 2. The Secretary of Defense shall prescribe the rules and regulations he deems necessary to ensure that the national policy herein announced shall be observed by the Armed Forces of the United States.

Gerald R. Ford.      

¹ See References in Text note below.

§1512a. Transportation of chemical munitions

(a) Prohibition of transportation across State lines

The Secretary of Defense may not transport any chemical munition that constitutes part of the chemical weapons stockpile out of the State in which that munition is located on October 5, 1994, and, in the case of any such chemical munition not located in a State on October 5, 1994, may not transport any such munition into a State.

(b) Transportation of chemical munitions not in chemical weapons stockpile

In the case of any chemical munitions that are discovered or otherwise come within the control of the Department of Defense and that do not constitute part of the chemical weapons stockpile, the Secretary of Defense may transport such munitions to the nearest chemical munitions stockpile storage facility that has necessary permits for receiving and storing such items if the transportation of such munitions to that facility—

(1) is considered by the Secretary of Defense to be necessary; and

(2) can be accomplished while protecting public health and safety.

(Pub. L. 103–337, div. A, title I, §143, Oct. 5, 1994, 108 Stat. 2689.)

Editorial Notes

Codification

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1995, and not as part of Pub. L. 91–121, title IV, §409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.

§1513. Deployment, storage, and disposal; notification to host country and Congress; international law violations; reports to Congress and international organizations

(1) None of the funds authorized to be appropriated by this Act or any other Act may be used for the future deployment, storage, or disposal, at any place outside the United States of—

(A) any lethal chemical or any biological warfare agent, or

(B) any delivery system specifically designed to disseminate any such agent,

unless prior notice of such deployment, storage, or disposal has been given to the country exercising jurisdiction over such place. In the case of any place outside the United States which is under the jurisdiction or control of the United States Government, no such action may be taken unless the Secretary gives prior notice of such action to the President of the Senate and the Speaker of the House of Representatives. As used in this paragraph, the term "United States" means the several States and the District of Columbia.

(2) None of the funds authorized by this Act or any other Act shall be used for the future testing, development, transportation, storage, or disposal of any lethal chemical or any biological warfare agent outside the United States, or for the disposal of any munitions in international waters, if the Secretary of State, after appropriate notice by the Secretary whenever any such action is contemplated, determines that such testing, development, transportation, storage, or disposal will violate international law. The Secretary of State shall report all determinations made by him under this paragraph to the President of the Senate and the Speaker of the House of Representatives, and to all appropriate international organizations, or organs thereof, in the event such report is required by treaty or other international agreement.

(Pub. L. 91–121, title IV, §409(c), Nov. 19, 1969, 83 Stat. 210; Pub. L. 91–441, title V, §506(b)(2), (3), Oct. 7, 1970, 84 Stat. 912.)

Editorial Notes

References in Text

This Act, referred to in pars. (1) and (2), means Pub. L. 91–121, Nov. 19, 1969, 83 Stat. 204. Provisions authorizing the appropriation of funds are not classified to the Code. For complete classification of this Act to the Code, see Tables.

Amendments

1970—Par. (1). Pub. L. 91–441, §506(b)(2), inserted reference to disposal of lethal chemical or biological warfare agents or delivery systems for such agents.

Par. (2). Pub. L. 91–441, §506(b)(3), inserted reference to disposal of munitions in international waters.

Statutory Notes and Related Subsidiaries

Withdrawal of European Chemical Stockpile

Pub. L. 100–180, div. A, title I, §126, Dec. 4, 1987, 101 Stat. 1044, provided that: "Chemical munitions of the United States stored in Europe on the date of the enactment of this Act [Dec. 4, 1987] should not be removed from Europe unless such munitions are replaced contemporaneously with binary chemical munitions stationed on the soil of at least one European member nation of the North Atlantic Treaty Organization."

Definitions

For definition of "United States" as used in this section, unless otherwise indicated, see section 1514 of this title.

"Secretary" means the Secretary of Defense, see section 1512(1) of this title.

§1514. "United States" defined

Unless otherwise indicated, as used in this section ¹ [50 U.S.C. 1512, 1513–1515, 1517] the term "United States" means the several States the District of Columbia, and the territories and possessions of the United States.

(Pub. L. 91–121, title IV, §409(d), Nov. 19, 1969, 83 Stat. 210.)

Editorial Notes

References in Text

This section, referred to in text, means section 409 of Pub. L. 91–121. Subsecs. (b), (c) to (e), and (g) of section 409 of Pub. L. 91–121 are classified to sections 1512, 1513 to 1515, and 1517 of this title, respectively. Section 409(a) of Pub. L. 91–121 was classified to section 1511 of this title, prior to repeal by Pub. L. 104–106, div. A, title X, §1061(k), Feb. 10, 1996, 110 Stat. 443. Section 409(f) of Pub. L. 91–121 was classified to section 1516 of this title, prior to being eliminated upon the enactment of similar provisions by section 506(a) of Pub. L. 91–441.

¹ See References in Text note below.

§1515. Suspension; Presidential authorization

After November 19, 1969, the operation of this section ¹ [50 U.S.C. 1512, 1513–1515, 1517], or any portion thereof, may be suspended by the President during the period of any war declared by Congress and during the period of any national emergency declared by Congress or by the President.

(Pub. L. 91–121, title IV, §409(e), Nov. 19, 1969, 83 Stat. 210.)

Editorial Notes

References in Text

This section, referred to in text, means section 409 of Pub. L. 91–121. Subsecs. (b), (c) to (e), and (g) of section 409 of Pub. L. 91–121 are classified to sections 1512, 1513 to 1515, and 1517 of this title, respectively. Section 409(a) of Pub. L. 91–121 was classified to section 1511 of this title, prior to repeal by Pub. L. 104–106, div. A, title X, §1061(k), Feb. 10, 1996, 110 Stat. 443. Section 409(f) of Pub. L. 91–121 was classified to section 1516 of this title, prior to being eliminated upon the enactment of similar provisions by section 506(a) of Pub. L. 91–441.

¹ See References in Text note below.

§1516. Delivery systems

None of the funds authorized to be appropriated by this Act shall be used for the procurement of delivery systems specifically designed to disseminate lethal chemical or any biological warfare agents, or for the procurement of delivery system parts or components specifically designed for such purpose, unless the President shall certify to the Congress that such procurement is essential to the safety and security of the United States.

(Pub. L. 91–441, title V, §506(a), Oct. 7, 1970, 84 Stat. 912.)

Editorial Notes

References in Text

This Act, referred to in text, means Pub. L. 91–441, Oct. 7, 1970, 84 Stat. 912. Provisions authorizing the appropriation of funds are not classified to the Code. For complete classification of this Act to the Code, see Tables.

Codification

Section was not enacted as part of Pub. L. 91–121, title IV, §409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.

Section is from the Armed Forces-Military Procurement, 1971 act, Pub. L. 91–441.

Prior Provisions

Provisions similar to those in this section were contained in Pub. L. 91–121, title IV, §409(f), Nov. 19, 1969, 83 Stat. 210.

§1517. Immediate disposal when health or safety are endangered

Nothing contained in this section ¹ [50 U.S.C. 1512, 1513–1515, 1517] shall be deemed to restrict the transportation or disposal of research quantities of any lethal chemical or any biological warfare agent, or to delay or prevent, in emergency situations either within or outside the United States, the immediate disposal together with any necessary associated transportation, of any lethal chemical or any biological warfare agent when compliance with the procedures and requirements of this chapter would clearly endanger the health or safety of any person.

(Pub. L. 91–121, title IV, §409(g), as added Pub. L. 91–441, title V, §506(b)(4), Oct. 7, 1970, 84 Stat. 912.)

Editorial Notes

References in Text

This section, referred to in text, means section 409 of Pub. L. 91–121. Subsecs. (b), (c) to (e), and (g) of section 409 of Pub. L. 91–121 are classified to sections 1512, 1513 to 1515, and 1517 of this title, respectively. Section 409(a) of Pub. L. 91–121 was classified to section 1511 of this title, prior to repeal by Pub. L. 104–106, div. A, title X, §1061(k), Feb. 10, 1996, 110 Stat. 443. Section 409(f) of Pub. L. 91–121 was classified to section 1516 of this title, prior to being eliminated upon the enactment of similar provisions by section 506(a) of Pub. L. 91–441.

Statutory Notes and Related Subsidiaries

Definition of "United States"

For definition of "United States" as used in this section, see section 1514 of this title.

¹ See References in Text note below.

§1518. Disposal; detoxification; report to Congress; emergencies

On and after October 7, 1970, no chemical or biological warfare agent shall be disposed of within or outside the United States unless such agent has been detoxified or made harmless to man and his environment unless immediate disposal is clearly necessary, in an emergency, to safeguard human life. An immediate report should be made to Congress in the event of such disposal.

(Pub. L. 91–441, title V, §506(d), Oct. 7, 1970, 84 Stat. 913.)

Editorial Notes

Codification

Section was not enacted as part of Pub. L. 91–121, title IV, §409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.

§1519. Lethal binary chemical munitions

(a) Notwithstanding any other provision of law, none of the funds authorized to be appropriated by this or any other Act shall be used for the purpose of production of lethal binary chemical munitions unless the President certifies to Congress that the production of such munitions is essential to the national interest and submits a full report thereon to the President of the Senate and the Speaker of the House of Representatives as far in advance of the production of such munitions as is practicable.

(b) For purposes of this section the term "lethal binary chemical munitions" means (1) any toxic chemical (solid, liquid, or gas) which, through its chemical properties, is intended to be used to produce injury or death to human beings, and (2) any unique device, instrument, apparatus, or contrivance, including any components or accessories thereof, intended to be used to disperse or otherwise disseminate any such toxic chemical.

(Pub. L. 94–106, title VIII, §818, Oct. 7, 1975, 89 Stat. 544.)

Editorial Notes

References in Text

This Act, referred to in text, is Pub. L. 94–106, Oct. 7, 1975, 89 Stat. 531, known as the Department of Defense Appropriation Authorization Act, 1976. Provisions authorizing the appropriation of funds are not classified to the Code. For complete classification of this Act to the Code, see Tables.

Codification

Section was not enacted as part of Pub. L. 91–121, title IV, §409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.

§1519a. Limitation on procurement of binary chemical weapons

(a) Notwithstanding any other provision of law, no funds may be obligated or expended after September 24, 1983, for the production of binary chemical weapons unless the President certifies to the Congress that for each 155-millimeter binary artillery shell or aircraft-delivered binary aerial bomb produced a serviceable unitary artillery shell from the existing arsenal shall be rendered permanently useless for military purposes.

(b)(1) Funds appropriated pursuant to the authorization of appropriations for the Army in section 101 of this Act may be used for the establishment of a production base for binary chemical munitions and for the procurement of components for 155-millimeter binary chemical artillery projectiles, but such funds may not be used for the actual production of binary chemical munitions before October 1, 1985.

(2) Notwithstanding the provisions of paragraph (1), before the production of binary chemical munitions may begin after September 30, 1985, the President must certify to Congress in writing that, in light of circumstances prevailing at the time the certification is made, the production of such munitions is essential to the national interest.

(3) For purposes of this subsection, "production of binary chemical munitions" means the final assembly of weapon components and the filling or loading of components with binary chemicals.

(Pub. L. 98–94, title XII, §1233, Sept. 24, 1983, 97 Stat. 695.)

Editorial Notes

References in Text

Section 101 of this Act, referred to in subsec. (b)(1), is section 101 of Pub. L. 98–94, title I, Sept. 24, 1983, 97 Stat. 618, which was not classified to the Code.

Codification

Section was enacted as part of the Department of Defense Authorization Act, 1984, and not as part of Pub. L. 91–121, title IV, §409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.

§1520. Repealed. Pub. L. 105–85, div. A, title X, §1078(g), Nov. 18, 1997, 111 Stat. 1916, and Pub. L. 105–277, div. I, title VI, §601, Oct. 21, 1998, 112 Stat. 2681–886

Section, Pub. L. 95–79, title VIII, §808, July 30, 1977, 91 Stat. 334; Pub. L. 97–375, title II, §203(a)(1), Dec. 21, 1982, 96 Stat. 1822, related to use by the Department of Defense of human subjects for testing of chemical or biological agents, accounting to congressional committees with respect to experiments and studies, and notification of local civilian officials.

§1520a. Restrictions on use of human subjects for testing of chemical or biological agents

(a) Prohibited activities

The Secretary of Defense may not conduct (directly or by contract)—

(1) any test or experiment involving the use of a chemical agent or biological agent on a civilian population; or

(2) any other testing of a chemical agent or biological agent on human subjects.

(b) Exceptions

Subject to subsections (c), (d), and (e), the prohibition in subsection (a) does not apply to a test or experiment carried out for any of the following purposes:

(1) Any peaceful purpose that is related to a medical, therapeutic, pharmaceutical, agricultural, industrial, or research activity.

(2) Any purpose that is directly related to protection against toxic chemicals or biological weapons and agents.

(3) Any law enforcement purpose, including any purpose related to riot control.

(c) Informed consent required

The Secretary of Defense may conduct a test or experiment described in subsection (b) only if informed consent to the testing was obtained from each human subject in advance of the testing on that subject.

(d) Prior notice to Congress

Not later than 30 days after the date of final approval within the Department of Defense of plans for any experiment or study to be conducted by the Department of Defense (whether directly or under contract) involving the use of human subjects for the testing of a chemical agent or a biological agent, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report setting forth a full accounting of those plans, and the experiment or study may then be conducted only after the end of the 30-day period beginning on the date such report is received by those committees.

(e) "Biological agent" defined

In this section, the term "biological agent" means any micro-organism (including bacteria, viruses, fungi, rickettsiac, or protozoa), pathogen, or infectious substance, and any naturally occurring, bioengineered, or synthesized component of any such micro-organism, pathogen, or infectious substance, whatever its origin or method of production, that is capable of causing—

(1) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;

(2) deterioration of food, water, equipment, supplies, or materials of any kind; or

(3) deleterious alteration of the environment.

(Pub. L. 105–85, div. A, title X, §1078, Nov. 18, 1997, 111 Stat. 1915; Pub. L. 106–65, div. A, title X, §1067(4), Oct. 5, 1999, 113 Stat. 774.)

Editorial Notes

Codification

Section is comprised of section 1078 of Pub. L. 105–85. Subsec. (f) of section 1078 of Pub. L. 105–85 amended section 1523(b) of this title. Subsec. (g) of section 1078 of Pub. L. 105–85 repealed section 1520 of this title.

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1998, and not as part of Pub. L. 91–121, title IV, §409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.

Amendments

1999—Subsec. (d). Pub. L. 106–65 substituted "and the Committee on Armed Services" for "and the Committee on National Security".

§1521. Destruction of existing stockpile of lethal chemical agents and munitions

(a) In general

The Secretary of Defense shall, in accordance with the provisions of this section, carry out the destruction of the United States' stockpile of lethal chemical agents and munitions that exists on November 8, 1985.

(b) Date for completion

(1) The destruction of such stockpile shall be completed by the stockpile elimination deadline.

(2) If the Secretary of Defense determines at any time that there will be a delay in meeting the requirement in paragraph (1) for the completion of the destruction of chemical weapons by the stockpile elimination deadline, the Secretary shall immediately notify the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives of that projected delay.

(3) For purposes of this section, the term "stockpile elimination deadline" means the deadline established by the Chemical Weapons Convention, but not later than December 31, 2023.

(c) Initiation of demilitarization operations

The Secretary of Defense may not initiate destruction of the chemical munitions stockpile stored at a site until the following support measures are in place:

(1) Support measures that are required by Department of Defense and Army chemical surety and security program regulations.

(2) Support measures that are required by the general and site chemical munitions demilitarization plans specific to that installation.

(3) Support measures that are required by the permits required by the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) and the Clean Air Act (42 U.S.C. 7401 et seq.) for chemical munitions demilitarization operations at that installation, as approved by the appropriate State regulatory agencies.

(d) Environmental protection and use of facilities

(1) In carrying out the requirement of subsection (a), the Secretary of Defense shall provide for—

(A) maximum protection for the environment, the general public, and the personnel who are involved in the destruction of the lethal chemical agents and munitions referred to in subsection (a), including but not limited to the use of technologies and procedures that will minimize risk to the public at each site; and

(B) adequate and safe facilities designed solely for the destruction of lethal chemical agents and munitions.

(2) Facilities constructed to carry out this section shall, when no longer needed for the purposes for which they were constructed, be disposed of in accordance with applicable laws and regulations and mutual agreements between the Secretary of the Army and the Governor of the State in which the facility is located.

(3)(A) Facilities constructed to carry out this section may not be used for a purpose other than the destruction of the stockpile of lethal chemical agents and munitions that exists on November 8, 1985.

(B) The prohibition in subparagraph (A) shall not apply with respect to items designated by the Secretary of Defense as lethal chemical agents, munitions, or related materials after November 8, 1985, if the State in which a destruction facility is located issues the appropriate permit or permits for the destruction of such items at the facility.

(e) Grants and cooperative agreements

(1)(A) In order to carry out subsection (d)(1)(A), the Secretary of Defense may make grants to State and local governments and to tribal organizations (either directly or through the Federal Emergency Management Agency) to assist those governments and tribal organizations in carrying out functions relating to emergency preparedness and response in connection with the disposal of the lethal chemical agents and munitions referred to in subsection (a). Funds available to the Department of Defense for the purpose of carrying out this section may be used for such grants.

(B) Additionally, the Secretary may provide funds through cooperative agreements with State and local governments, and with tribal organizations, for the purpose of assisting them in processing, approving, and overseeing permits and licenses necessary for the construction and operation of facilities to carry out this section. The Secretary shall ensure that funds provided through such a cooperative agreement are used only for the purpose set forth in the preceding sentence.

(C) In this paragraph, the term "tribal organization" has the meaning given that term in section 5304(l) of title 25.

(2)(A) In coordination with the Secretary of the Army and in accordance with agreements between the Secretary of the Army and the Administrator of the Federal Emergency Management Agency, the Administrator shall carry out a program to provide assistance to State and local governments in developing capabilities to respond to emergencies involving risks to the public health or safety within their jurisdictions that are identified by the Secretary as being risks resulting from—

(i) the storage of lethal chemical agents and munitions referred to in subsection (a) at military installations in the continental United States; or

(ii) the destruction of such agents and munitions at facilities referred to in subsection (d)(1)(B).

(B) Assistance may be provided under this paragraph for capabilities to respond to emergencies involving an installation or facility as described in subparagraph (A) until the earlier of the following:

(i) The date of the completion of all grants and cooperative agreements with respect to the installation or facility for purposes of this paragraph between the Federal Emergency Management Agency and the State and local governments concerned.

(ii) The date that is 180 days after the date of the completion of the destruction of lethal chemical agents and munitions at the installation or facility.

(C) Not later than December 15 of each year, the Administrator shall transmit a report to Congress on the activities carried out under this paragraph during the fiscal year preceding the fiscal year in which the report is submitted.

(f) Requirement for strategic plan

(1) The Under Secretary of Defense for Acquisition and Sustainment and the Secretary of the Army shall jointly prepare, and from time to time shall update as appropriate, a strategic plan for future activities for destruction of the United States' stockpile of lethal chemical agents and munitions.

(2) The plan shall include, at a minimum, the following considerations:

(A) Realistic budgeting for stockpile destruction and related support programs.

(B) Contingency planning for foreseeable or anticipated problems.

(C) A management approach and associated actions that address compliance with the obligations of the United States under the Chemical Weapons Convention and that take full advantage of opportunities to accelerate destruction of the stockpile.

(3) The Secretary of Defense shall each year submit to the Committee on the Armed Services of the Senate and the Committee on Armed Services of the House of Representatives the strategic plan as most recently prepared and updated under paragraph (1). Such submission shall be made each year at the time of the submission to the Congress that year of the President's budget for the next fiscal year.

(g) Management organization

(1) In carrying out this section, the Secretary of Defense shall provide for a management organization within the Department of the Army. The Secretary of the Army shall be responsible for management of the destruction of agents and munitions at all sites except Blue Grass Army Depot, Kentucky, and Pueblo Chemical Depot, Colorado ¹

(2) The program manager for the Assembled Chemical Weapons Alternative Program shall be responsible for management of the construction, operation, and closure, and any contracting relating thereto, of chemical demilitarization activities at Blue Grass Army Depot, Kentucky, and Pueblo Army Depot, Colorado, including management of the pilot-scale facility phase of the alternative technology selected for the destruction of lethal chemical munitions. In performing such management, the program manager shall act independently of the Army program manager for Chemical Demilitarization and shall report to the Under Secretary of Defense for Acquisition and Sustainment.

(3) The Secretary of Defense shall designate a general officer or civilian equivalent as the director of the management organization established under paragraph (1). Such officer shall have—

(A) experience in the acquisition, storage, and destruction of chemical agents and munitions; and

(B) outstanding qualifications regarding safety in handling chemical agents and munitions.

(h) Identification of funds

(1) Funds for carrying out this section, including funds for military construction projects necessary to carry out this section, shall be set forth in the budget of the Department of Defense for any fiscal year as a separate account. Such funds shall not be included in the budget accounts for any military department.

(2) Amounts appropriated to the Secretary of Defense for the purpose of carrying out subsection (e) shall be promptly made available to the Administrator of the Federal Emergency Management Agency.

(i) Annual reports

(1) Except as provided by paragraph (3), the Secretary of Defense shall transmit, by December 15 each year, a report to Congress on the activities carried out under this section during the fiscal year ending on September 30 of the calendar year in which the report is to be made.

(2) Each annual report shall include the following:

(A) A site-by-site description of the construction, equipment, operation, and dismantling of facilities (during the fiscal year for which the report is made) used to carry out the destruction of agents and munitions under this section, including any accidents or other unplanned occurrences associated with such construction and operation.

(B) A site-by-site description of actions taken to assist State and local governments (either directly or through the Federal Emergency Management Agency) in carrying out functions relating to emergency preparedness and response in accordance with subsection (e).

(C) An accounting of all funds expended (during such fiscal year) for activities carried out under this section, with a separate accounting for amounts expended for—

(i) the construction of and equipment for facilities used for the destruction of agents and munitions;

(ii) the operation of such facilities;

(iii) the dismantling or other closure of such facilities;

(iv) research and development;

(v) program management;

(vi) travel and associated travel costs for Citizens' Advisory Commissioners under subsection (m)(7); and

(vii) grants to State and local governments to assist those governments in carrying out functions relating to emergency preparedness and response in accordance with subsection (e).

(D) An assessment of the safety status and the integrity of the stockpile of lethal chemical agents and munitions subject to this section, including—

(i) an estimate on how much longer that stockpile can continue to be stored safely;

(ii) a site-by-site assessment of the safety of those agents and munitions; and

(iii) a description of the steps taken (to the date of the report) to monitor the safety status of the stockpile and to mitigate any further deterioration of that status.

(E) A description of any supplemental chemical agent and munitions destruction technologies used at Pueblo Chemical Depot, Colorado, and Blue Grass Army Depot, Kentucky, during the period covered by the report, including explosive destruction technologies and any technologies developed for the treatment and disposal of energetic or agent hydrolystates.

(3) The Secretary shall transmit the final report under paragraph (1) not later than 120 days following the completion of activities under this section.

(j) Quarterly briefing

(1) Not later than 90 days after August 13, 2018, and every 90 days thereafter until the United States completes the destruction of its entire stockpile of chemical weapons under the terms of the Chemical Weapons Convention, the Secretary of Defense shall brief the members and committees of Congress referred to in paragraph (3) on the progress made by the United States toward fulfilling its chemical weapons destruction obligations under the Chemical Weapons Convention.

(2) Each briefing under paragraph (1) shall include a description of contractor costs and performance relative to schedule, the progress to date toward the complete destruction of the stockpile, and any other information the Secretary determines to be relevant.

(3) The members and committees of Congress referred to in this paragraph are—

(A) the majority leader and the minority leader of the Senate and the Committee on Armed Services and the Committee on Appropriations of the Senate; and

(B) the Speaker of the House of Representatives, the majority leader and the minority leader of the House of Representatives, and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.

(k) Authorized use of toxic chemicals

Consistent with United States obligations under the Chemical Weapons Convention, the Secretary of Defense may develop, produce, otherwise acquire, retain, transfer, and use toxic chemicals and their precursors for purposes not prohibited by the Chemical Weapons Convention if the types and quantities of such chemicals and precursors are consistent with such purposes, including for protective purposes such as protection against toxic chemicals and protection against chemical weapons.

(l) Surveillance and assessment program

The Secretary of Defense shall conduct an ongoing comprehensive program of—

(1) surveillance of the existing United States stockpile of chemical weapons; and

(2) assessment of the condition of the stockpile.

(m) Chemical demilitarization citizens' advisory commissions

(1)(A) The Secretary of the Army shall establish a citizens' commission for each State in which there is a chemical demilitarization facility under Army management.

(B) The Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs shall establish a chemical demilitarization citizens' commission in Colorado and in Kentucky.

(C) Each commission under this subsection shall be known as the "Chemical Demilitarization Citizens' Advisory Commission" for the State concerned.

(2)(A) The Secretary of the Army, or the Department of Defense with respect to Colorado and Kentucky, shall provide for a representative to meet with each commission established under this subsection to receive citizen and State concerns regarding the ongoing program for the disposal of the lethal chemical agents and munitions in the stockpile referred to in subsection (a) at each of the sites with respect to which a commission is established pursuant to paragraph (1).

(B) The Secretary of the Army shall provide for a representative from the Office of the Assistant Secretary of the Army (Acquisition, Logistics, and Technology) to meet with each commission under Army management.

(C) The Department of Defense shall provide for a representative from the Office of the Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs to meet with the commissions in Colorado and Kentucky.

(3)(A) Each commission under this subsection shall be composed of nine members appointed by the Governor of the State. Seven of such members shall be citizens from the local affected areas in the State. The other two shall be representatives of State government who have direct responsibilities related to the chemical demilitarization program.

(B) For purposes of this paragraph, affected areas are those areas located within a 50-mile radius of a chemical weapons storage site.

(4) For a period of five years after the termination of any commission under this subsection, no corporation, partnership, or other organization in which a member of that commission, a spouse of a member of that commission, or a natural or adopted child of a member of that commission has an ownership interest may be awarded—

(A) a contract related to the disposal of lethal chemical agents or munitions in the stockpile referred to in subsection (a); or

(B) a subcontract under such a contract.

(5) The members of each commission under this subsection shall designate the chair of such commission from among the members of such commission.

(6) Each commission under this subsection shall meet with a representative from the Army, or the Office of the Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs with respect to the commissions in Colorado and Kentucky, upon joint agreement between the chair of such commission and that representative. The two parties shall meet not less often than twice a year and may meet more often at their discretion.

(7) Members of each commission under this subsection shall receive no pay for their involvement in the activities of their commissions. Funds appropriated for the Chemical Stockpile Demilitarization Program may be used for travel and associated travel costs for commissioners of commissions under this subsection when such travel is conducted at the invitation of the Assistant Secretary of the Army (Acquisition, Logistics, and Technology) or the invitation of the Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs for the commissions in Colorado and Kentucky.

(8) Each commission under this subsection shall be terminated after the closure activities required pursuant to regulations prescribed by the Administrator of the Environmental Protection Agency pursuant to the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) have been completed for the chemical agent destruction facility in such commission's State, or upon the request of the Governor of such commission's State, whichever occurs first.

(n) Incentive clauses in chemical demilitarization contracts

(1)(A) The Secretary of Defense may, for the purpose specified in paragraph (B), authorize the inclusion of an incentives clause in any contract for the destruction of the United States stockpile of lethal chemical agents and munitions carried out pursuant to subsection (a).

(B) The purpose of a clause referred to in subparagraph (A) is to provide the contractor for a chemical demilitarization facility an incentive to accelerate the safe elimination of the United States chemical weapons stockpile and to reduce the total cost of the Chemical Demilitarization Program by providing incentive payments for the early completion of destruction operations and the closure of such facility.

(2)(A) An incentives clause under this subsection shall permit the contractor for the chemical demilitarization facility concerned the opportunity to earn incentive payments for the completion of destruction operations and facility closure activities within target incentive ranges specified in such clause.

(B) The maximum incentive payment under an incentives clause with respect to a chemical demilitarization facility may not exceed the following amounts:

(i) In the case of an incentive payment for the completion of destruction operations within the target incentive range specified in such clause, $110,000,000.

(ii) In the case of an incentive payment for the completion of facility closure activities within the target incentive range specified in such clause, $55,000,000.

(C) An incentives clause in a contract under this section shall specify the target incentive ranges of costs for completion of destruction operations and facility closure activities, respectively, as jointly agreed upon by the contracting officer and the contractor concerned. An incentives clause shall require a proportionate reduction in the maximum incentive payment amounts in the event that the contractor exceeds an agreed-upon target cost if such excess costs are the responsibility of the contractor.

(D) The amount of the incentive payment earned by a contractor for a chemical demilitarization facility under an incentives clause under this subsection shall be based upon a determination by the Secretary on how early in the target incentive range specified in such clause destruction operations or facility closure activities, as the case may be, are completed.

(E) The provisions of any incentives clause under this subsection shall be consistent with the obligation of the Secretary of Defense under subsection (d)(1)(A), to provide for maximum protection for the environment, the general public, and the personnel who are involved in the destruction of the lethal chemical agents and munitions.

(F) In negotiating the inclusion of an incentives clause in a contract under this subsection, the Secretary may include in such clause such additional terms and conditions as the Secretary considers appropriate.

(3)(A) No payment may be made under an incentives clause under this subsection unless the Secretary determines that the contractor concerned has satisfactorily performed its duties under such incentives clause.

(B) An incentives clause under this subsection shall specify that the obligation of the Government to make payment under such incentives clause is subject to the availability of appropriations for that purpose. Amounts appropriated for Chemical Agents and Munitions Destruction, Defense, shall be available for payments under incentives clauses under this subsection.

(o) Supplemental destruction technologies

In determining the technologies to supplement the neutralization destruction of the stockpile of lethal chemical agents and munitions at Pueblo Chemical Depot, Colorado, and Blue Grass Army Depot, Kentucky, the Secretary of Defense may consider the following:

(1) Explosive Destruction Technologies.

(2) Any technologies developed for the treatment and disposal of energetic or agent hydrolysates, if problems with the current on-site treatment of hydrolysates are encountered.

(p) Definitions

In this section:

(1) The term "chemical agent and munition" means an agent or munition that, through its chemical properties, produces lethal or other damaging effects on human beings, except that such term does not include riot control agents, chemical herbicides, smoke and other obscuration materials.

(2) The term "Chemical Weapons Convention" means the Convention on the Prohibition of Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, with annexes, done at Paris, January 13, 1993, and entered into force April 29, 1997 (T. Doc. 103–21).

(3) The term "lethal chemical agent and munition" means a chemical agent or munition that is designed to cause death, through its chemical properties, to human beings in field concentrations.

(4) The term "destruction" means, with respect to chemical munitions or agents—

(A) the demolishment of such munitions or agents by incineration or by any other means; or

(B) the dismantling or other disposal of such munitions or agents so as to make them useless for military purposes and harmless to human beings under normal circumstances.

(Pub. L. 99–145, title XIV, §1412, Nov. 8, 1985, 99 Stat. 747; Pub. L. 100–456, div. A, title I, §118, Sept. 29, 1988, 102 Stat. 1934; Pub. L. 101–510, div. A, title I, §§171, 172, Nov. 5, 1990, 104 Stat. 1507; Pub. L. 102–190, div. A, title I, §151, Dec. 5, 1991, 105 Stat. 1313; Pub. L. 102–484, div. A, title I, §§171, 179, Oct. 23, 1992, 106 Stat. 2341, 2347; Pub. L. 103–160, div. A, title I, §107(c), Nov. 30, 1993, 107 Stat. 1564; Pub. L. 103–337, div. A, title I, §142, Oct. 5, 1994, 108 Stat. 2689; Pub. L. 104–106, div. A, title I, §153(b), (c), title XV, §1502(c)(6), Feb. 10, 1996, 110 Stat. 216, 508; Pub. L. 104–201, div. A, title X, §1074(d)(2), Sept. 23, 1996, 110 Stat. 2661; Pub. L. 105–85, div. A, title X, §1041(d), Nov. 18, 1997, 111 Stat. 1885; Pub. L. 105–261, div. A, title I, §141, Oct. 17, 1998, 112 Stat. 1942; Pub. L. 106–65, div. A, title I, §141(b), title X, §1067(11), Oct. 5, 1999, 113 Stat. 537, 775; Pub. L. 107–107, div. A, title X, §1048(i)(4), Dec. 28, 2001, 115 Stat. 1229; Pub. L. 108–375, div. A, title IX, §931, Oct. 28, 2004, 118 Stat. 2031; Pub. L. 109–163, div. A, title IX, §921(a), Jan. 6, 2006, 119 Stat. 3410; Pub. L. 110–181, div. A, title IX, §§923, 924, Jan. 28, 2008, 122 Stat. 284; Pub. L. 111–383, div. A, title XIV, §1421(a), Jan. 7, 2011, 124 Stat. 4412; Pub. L. 112–239, div. A, title XIV, §1421(a), Jan. 2, 2013, 126 Stat. 2049; Pub. L. 114–92, div. A, title XIV, §1411, Nov. 25, 2015, 129 Stat. 1083; Pub. L. 115–232, div. A, title XIV, §1424, Aug. 13, 2018, 132 Stat. 2094; Pub. L. 116–92, div. A, title IX, §902(91), Dec. 20, 2019, 133 Stat. 1554; Pub. L. 118–159, div. A, title XVI, §1621(d)(4), Dec. 23, 2024, 138 Stat. 2171.)

Editorial Notes

References in Text

The Solid Waste Disposal Act, referred to in subsecs. (c)(3) and (m)(8), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, §2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§6901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables.

The Clean Air Act, referred to in subsec. (c)(3), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.

Codification

Pub. L. 116–92, §902(91), which directed amendment of subsecs. (f)(1) and (g)(2) of section 1412 of the National Defense Authorization Act, 1986 (50 U.S.C. 1521), was executed by making the amendment to subsecs. (f)(1) and (g)(2) of this section, which is section 1412 of the Department of Defense Authorization Act, 1986, to reflect the probable intent of Congress.

Pub. L. 109–163, §921, which directed amendment of subsec. (c)(4) of this section effective Dec. 5, 1991, and applicable with respect to any cooperative agreement entered into on or after that date, was executed to subsec. (c)(4) of this section as in effect on the date of enactment of Pub. L. 109–163, to reflect the probable intent of Congress. This section did not contain a subsec. (c)(4) on Dec. 5, 1991. See 2006 Amendment note and Effective Date of 2006 Amendment note below.

Section was enacted as part of the Department of Defense Authorization Act, 1986, and not as part of Pub. L. 91–121, title IV, §409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.

Amendments

2024—Subsec. (m). Pub. L. 118–159 substituted "Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs" for "Nuclear, Chemical, and Biological Defense Programs" wherever appearing.

2019—Subsec. (f)(1). Pub. L. 116–92, §902(91)(A), substituted "Under Secretary of Defense for Acquisition and Sustainment" for "Under Secretary of Defense for Acquisition, Technology, and Logistics". See Codification note above.

Subsec. (g)(2). Pub. L. 116–92, §902(91)(B), substituted "Under Secretary of Defense for Acquisition and Sustainment." for "Under Secretary of Defense for Acquisition, Technology, and Logistics". See Codification note above.

2018—Subsec. (j). Pub. L. 115–232, §1424(1), substituted "Quarterly briefing" for "Semiannual reports" in heading.

Subsec. (j)(1). Pub. L. 115–232, §1424(2), substituted "Not later than 90 days after August 13, 2018, and every 90 days thereafter until" for "Not later than March 1 and September 1 each year until the year in which", "brief the members" for "submit to the members", "on the progress made" for "a report on the implementation", and "toward fulfilling its chemical weapons destruction obligations" for "of its chemical weapons destruction obligations".

Subsec. (j)(2). Pub. L. 115–232, §1424(3), added par. (2) and struck out former par. (2) which required each report under par. (1) to include the anticipated schedule at the time of such report for the completion of destruction of chemical weapons at each facility, a description of options for accelerating such completion, a description of the funding required to achieve each of the options, a description of all actions being taken to accelerate the destruction of the entire United States stockpile, and a justification for the use of any supplemental chemical agent and munitions destruction technologies used at Pueblo Chemical Depot, Colorado, and Blue Grass Army Depot, Kentucky, during the period covered by the report.

2015—Subsec. (b)(3). Pub. L. 114–92 substituted "December 31, 2023" for "December 31, 2017".

2013—Subsec. (i)(2)(E). Pub. L. 112–239, §1421(a)(1), added subpar. (E).

Subsec. (j)(2)(E). Pub. L. 112–239, §1421(a)(2), added subpar. (E).

Subsecs. (o), (p). Pub. L. 112–239, §1421(a)(3), (4), added subsec. (o) and redesignated former subsec. (o) as (p).

2011—Pub. L. 111–383, §1421(a), which directed the general amendment of section 1412 of the "National Defense Authorization Act, 1986 (50 U.S.C. 1521)", was executed by making the amendment to this section, which is section 1412 of the Department of Defense Authorization Act, 1986, to reflect the probable intent of Congress. Prior to amendment, section related to destruction of existing stockpile of lethal chemical agents and munitions by Dec. 31, 2004.

2008—Subsec. (c)(5)(B). Pub. L. 110–181, §924, amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "No assistance may be provided under this paragraph after the completion of the destruction of the United States' stockpile of lethal chemical agents and munitions."

Subsec. (e)(3). Pub. L. 110–181, §923, inserted "and" at end of subpar. (A), redesignated subpar. (C) as (B), and struck out former subpar. (B) which read as follows: "training in chemical warfare defense operations; and".

2006—Subsec. (c)(4). Pub. L. 109–163 designated first two sentences as subpar. (A) and inserted "and to tribal organizations" after "to State and local governments" and "and tribal organizations" after "assist those governments", designated third and fourth sentences as subpar. (B) and inserted ", and with tribal organizations," after "with State and local governments", and added subpar. (C). See Codification note above.

2004—Subsec. (d). Pub. L. 108–375 amended heading and text of subsec. (d) generally. Prior to amendment, text required the Secretary of Defense to develop and submit to Congress by Mar. 15, 1986, a comprehensive plan to carry out this section.

2001—Subsec. (g)(2)(C)(vii). Pub. L. 107–107 substituted "(c)(4)" for "(c)(3)".

1999—Subsec. (b)(4). Pub. L. 106–65, §1067(11), substituted "and the Committee on Armed Services" for "and the Committee on National Security".

Subsec. (c)(2). Pub. L. 106–65, §141(b)(1)(A), added par. (2) and struck out former par. (2) which read as follows: "Facilities constructed to carry out this section may not be used for any purpose other than the destruction of lethal chemical weapons and munitions, and when no longer needed to carry out this section, such facilities shall be cleaned, dismantled, and disposed of in accordance with applicable laws and regulations."

Subsec. (c)(3) to (5). Pub. L. 106–65, §141(b)(1)(B), (C), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.

Subsec. (f)(2). Pub. L. 106–65, §141(b)(2), substituted "(c)(5)" for "(c)(4)".

Subsec. (g)(2)(B). Pub. L. 106–65, §141(b)(3), substituted "(c)(4)" for "(c)(3)".

Subsec. (k)(2). Pub. L. 106–65, §1067(11), substituted "and the Committee on Armed Services" for "and the Committee on National Security".

1998—Subsec. (c)(4). Pub. L. 105–261, §141(a), added par. (4).

Subsec. (f). Pub. L. 105–261, §141(b), designated existing provisions as par. (1) and added par. (2).

Subsec. (g)(2)(B). Pub. L. 105–261, §141(c)(3), added subpar. (B). Former subpar. (B) redesignated (C).

Subsec. (g)(2)(B)(vii). Pub. L. 105–261, §141(c)(1), added cl. (vii).

Subsec. (g)(2)(C), (D). Pub. L. 105–261, §141(c)(2), redesignated subpars. (B) and (C) as (C) and (D), respectively.

1997—Subsec. (g)(3), (4). Pub. L. 105–85 struck out "No quarterly report is required under paragraph (3) after the transmittal of the final report under paragraph (1)." at end of par. (4), redesignated par. (4) as (3), and struck out former par. (3) which read as follows: "The Secretary shall transmit to the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on National Security and the Committee on Appropriations of the House of Representatives a quarterly report containing an accounting of all funds expended (during the quarter covered by the report) for travel and associated travel costs for Citizens' Advisory Commissioners under section 172(g) of Public Law 102–484 (50 U.S.C. 1521 note). The quarterly report for the final quarter of the period covered by a report under paragraph (1) may be included in that report."

1996—Subsec. (b)(4). Pub. L. 104–106, §1502(c)(6), substituted "Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives" for "Committees on Armed Services of the Senate and House of Representatives".

Subsec. (e)(3). Pub. L. 104–106, §153(c), inserted "or civilian equivalent" after "general officer" in introductory provisions.

Subsec. (g). Pub. L. 104–106, §153(b)(1), substituted "Periodic reports" for "Annual report" in heading.

Subsec. (g)(2). Pub. L. 104–201, §1074(d)(2)(A), substituted "shall include the following:" for "shall contain—" in introductory provisions.

Pub. L. 104–106, §153(b)(2)(A), substituted "Each annual report shall contain—" for "Each such report shall contain—" in introductory provisions.

Subsec. (g)(2)(A). Pub. L. 104–201, §1074(d)(2)(B), substituted "A site-by-site" for "a site-by-site" and "and operation." for "and operation;".

Subsec. (g)(2)(B). Pub. L. 104–201, §1074(d)(2)(C), substituted "An accounting" for "an accounting" in introductory provisions.

Subsec. (g)(2)(B)(iv). Pub. L. 104–106, §153(b)(2)(B)(i), struck out "and" after "development;".

Subsec. (g)(2)(B)(v). Pub. L. 104–106, §153(b)(2)(B)(ii), which directed substitution of "; and" for period at end of cl. (v), could not be executed because cl. (v) ended with "; and" and not with a period.

Subsec. (g)(2)(B)(vi). Pub. L. 104–106, §153(b)(2)(B)(iii), added cl. (vi).

Subsec. (g)(2)(C). Pub. L. 104–201, §1074(d)(2)(C), substituted "An assessment" for "an assessment" in introductory provisions.

Subsec. (g)(3). Pub. L. 104–106, §153(b)(4), added par. (3). Former par. (3) redesignated (4).

Subsec. (g)(4). Pub. L. 104–106, §153(b)(5), substituted "paragraph (1) not later" for "this subsection not later" and inserted at end "No quarterly report is required under paragraph (3) after the transmittal of the final report under paragraph (1)."

Pub. L. 104–106, §153(b)(3), redesignated par. (3) as (4).

Subsec. (k)(2). Pub. L. 104–106, §1502(c)(6), substituted "Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives" for "Committees on Armed Services of the Senate and House of Representatives".

1994—Subsec. (f). Pub. L. 103–337 inserted ", including funds for military construction projects necessary to carry out this section," after "carrying out this section" and struck out at end "Funds for military construction projects necessary to carry out this section may be set out in the annual military construction budget separately from other funds for such project."

1993—Subsec. (c)(3). Pub. L. 103–160 substituted "processing, approving, and overseeing" for "processing and approving".

1992—Subsec. (a). Pub. L. 102–484, §179(1), struck out par. (1) designation before "Notwithstanding" and struck out par. (2) which read as follows: "Such destruction shall be carried out in conjunction with the acquisition of binary chemical weapons for use by the Armed Forces."

Subsec. (b)(5). Pub. L. 102–484, §171, substituted "December 31, 2004" for "July 31, 1999".

Subsec. (c)(1). Pub. L. 102–484, §179(2), substituted "subsection (a)" for "subsection (a)(1)" in introductory provisions.

Subsec. (g)(1). Pub. L. 102–484, §179(3)(A), substituted "paragraph (3)" for "paragraph (4)".

Subsec. (g)(2). Pub. L. 102–484, §179(3)(B), (C), redesignated par. (3) as (2), substituted "such report" for "report other than the first one" in introductory provisions, and struck out former par. (2) which read as follows: "The first such report shall be transmitted by December 15, 1985, and shall contain—

"(A) an accounting of the United States' stockpile of lethal chemical agents and munitions on November 8, 1985; and

"(B) a schedule of the activities planned to be carried out under this section during fiscal year 1986."

Subsec. (g)(3), (4). Pub. L. 102–484, §179(3)(D), redesignated par. (4) as (3). Former par. (3) redesignated (2).

1991—Subsec. (b)(5). Pub. L. 102–190, §151(a), substituted "July 31, 1999" for "April 30, 1997".

Subsec. (c)(3). Pub. L. 102–190, §151(b), inserted at end "Additionally, the Secretary may provide funds through cooperative agreements with State and local governments for the purpose of assisting them in processing and approving permits and licenses necessary for the construction and operation of facilities to carry out this section. The Secretary shall ensure that funds provided through such a cooperative agreement are used only for the purpose set forth in the preceding sentence."

1990—Subsec. (a)(1). Pub. L. 101–510, §171(b), substituted "November 8, 1985" for "the date of the enactment of this Act".

Subsec. (c)(3). Pub. L. 101–510, §172, added par. (3).

Subsec. (g)(3)(C). Pub. L. 101–510, §171(a), added subpar. (C).

Subsec. (h)(1). Pub. L. 101–510, §171(b), substituted "November 8, 1985" for "the date of the enactment of this Act".

1988—Subsec. (b)(1), (3)(A). Pub. L. 100–456, §118(a)(1), substituted "the stockpile elimination deadline" for "September 30, 1994".

Subsec. (b)(3)(B). Pub. L. 100–456, §118(a)(2), substituted "not later than the earlier of (A) 30 days after the date on which the decision to defer is made, or (B) 30 days before the stockpile elimination deadline" for "within 30 days after the date on which the determination to defer is made or by August 31, 1994, whichever is earlier".

Subsec. (b)(4), (5). Pub. L. 100–456, §118(a)(3), added pars. (4) and (5).

Subsec. (k). Pub. L. 100–456, §118(b), amended subsec. (k) generally. Prior to amendment, subsec. (k) read as follows: "The provisions of this section shall take effect on October 1, 1985."

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Pub. L. 109–163, div. A, title IX, §921(b), Jan. 6, 2006, 119 Stat. 3410, provided that: "The amendments made by subsection (a) [amending this section]—

"(1) take effect as of December 5, 1991; and

"(2) apply with respect to any cooperative agreement entered into on or after that date."

Termination of Reporting Requirements

For termination, effective Dec. 31, 2021, of provisions in subsecs. (i) and (j) of this section requiring submittal of annual and semiannual reports to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of Title 10, Armed Forces.

Acquisition Reporting on Major Chemical Demilitarization Programs of the Department of Defense

Pub. L. 115–91, div. A, title XIV, §1415, Dec. 12, 2017, 131 Stat. 1708, provided that:

"(a) Reporting on Major Programs.—Acquisition reporting on each major program within the chemical demilitarization programs of the Department of Defense, including construction in connection with such program, shall—

"(1) comply with reporting guidelines for an Acquisition Category 1 (ACAT 1) system; and

"(2) be reported separately from acquisition reporting on the other major program within the chemical demilitarization programs of the Department of Defense.

"(b) Major Program Within the Chemical Demilitarization Programs of the Department of Defense Defined.—In this section, the term 'major program within the chemical demilitarization programs of the Department of Defense' means each program as follows:

"(1) Pueblo Chemical Agent Destruction Pilot Plant program, Colorado.

"(2) Blue Grass Chemical Agent Destruction Pilot Plant program, Kentucky."

Sense of Congress on Completion of Destruction of United States Chemical Weapons Stockpile

Pub. L. 110–181, div. A, title IX, §922, Jan. 28, 2008, 122 Stat. 282, as amended by Pub. L. 111–383, div. A, title XIV, §1421(b)(10), Jan. 7, 2011, 124 Stat. 4420, provided that:

"(a) Findings.—Congress makes the following findings:

"(1) The Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, done at Paris on January 13, 1993 (commonly referred to as the 'Chemical Weapons Convention'), requires that destruction of the entire United States chemical weapons stockpile be completed by not later than April 29, 2007.

"(2) In 2006, under the terms of the Chemical Weapons Convention, the United States requested and received a one-time, 5-year extension of its chemical weapons destruction deadline to April 29, 2012.

"(3) On April 10, 2006, the Secretary of Defense notified Congress that the United States would not meet even the extended deadline under the Chemical Weapons Convention for destruction of the United States chemical weapons stockpile, but would 'continue working diligently to minimize the time to complete destruction without sacrificing safety and security' and would also 'continue requesting resources needed to complete destruction as close to April 2012 as practicable'.

"(4) The United States chemical demilitarization program has met its one percent, 20 percent, and extended 45 percent destruction deadlines under the Chemical Weapons Convention.

"(5) Destroying the remaining stockpile of United States chemical weapons is imperative for public safety and homeland security, and doing so by April 2012, in accordance with the current destruction deadline provided under the Chemical Weapons Convention, is required by United States law.

"(6) The elimination of chemical weapons anywhere they exist in the world, and the prevention of their proliferation, is of utmost importance to the national security of the United States.

"(7) Section 921(b)(3) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2359) contained a sense of Congress urging the Secretary of Defense to ensure the elimination of the United States chemical weapons stockpile in the shortest time possible, consistent with the requirement to protect public health, safety, and the environment.

"(8) Section 921(b)(4) of that Act contained a sense of Congress urging the Secretary of Defense to propose a credible treatment and disposal process with the support of affected communities. In this regard, any such process should provide for sufficient communication and consultation between representatives of the Department of Defense and representatives of affected States and communities.

"(b) Sense of Congress.—It is the sense of Congress that—

"(1) the United States is, and must remain, committed to making every effort to safely dispose of its entire chemical weapons stockpile by April 2012, the current destruction deadline provided under the Chemical Weapons Convention, or as soon thereafter as possible, and must carry out all of its other obligations under the Convention; and

"(2) the Secretary of Defense should make every effort to plan for, and to request in the annual budget of the President submitted to Congress adequate funding to complete, the elimination of the United States chemical weapons stockpile in accordance with United States obligations under the Chemical Weapons Convention and in a manner that will protect public health, safety, and the environment, as required by law.

"[(c) Repealed. Pub. L. 111–383, div. A, title XIV, §1421(b)(10), Jan. 7, 2011, 124 Stat. 4420.]"

Deadline for Destruction of Stockpile of Lethal Chemical Agents and Munitions

Pub. L. 110–116, div. A, title VIII, §8119, Nov. 13, 2007, 121 Stat. 1340, which directed the Department of Defense to complete work on the destruction of the stockpile of lethal chemical agents and munitions no later than Dec. 31, 2017, and to report to congressional leaders and defense committees on progress toward compliance not later than Dec. 31, 2007, and every 180 days thereafter, was repealed by Pub. L. 111–383, div. A, title XIV, §1421(b)(9), Jan. 7, 2011, 124 Stat. 4420.

Incentives Clauses in Chemical Demilitarization Contracts

Pub. L. 109–364, div. A, title IX, §923, Oct. 17, 2006, 120 Stat. 2360, which authorized use of incentives clauses in chemical demilitarization contracts, was repealed by Pub. L. 111–383, div. A, title XIV, §1421(b)(8), Jan. 7, 2011, 124 Stat. 4420.

Management of Chemical Demilitarization Activities at Bluegrass Army Depot, Kentucky and Pueblo Army Depot, Colorado

Pub. L. 107–248, title VIII, §8122, Oct. 23, 2002, 116 Stat. 1566, which related to management of chemical demilitarization activities at Bluegrass Army Depot, Kentucky, and Pueblo Army Depot, Colorado, if, pursuant to Pub. L. 105–261, §142, formerly set out as a note below, an alternative technology was selected for the destruction of lethal chemical munitions, was repealed by Pub. L. 111–383, div. A, title XIV, §1421(b)(7), Jan. 7, 2011, 124 Stat. 4420.

Alternative Technologies for Destruction of Assembled Chemical Weapons

Pub. L. 105–261, div. A, title I, §142, Oct. 17, 1998, 112 Stat. 1943, as amended by Pub. L. 106–65, div. A, title IX, §911(a)(1), Oct. 5, 1999, 113 Stat. 717; Pub. L. 106–398, §1 [[div. A], title X, §1087(d)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-292, which directed the program manager of the pilot program carried out under Pub. L. 104–208, §101(b), formerly set out as a note below, to continue to manage the development and testing of alternative technologies for the destruction of lethal chemical munitions and authorized the Under Secretary of Defense for Acquisition, Technology, and Logistics to award a contract for the design, construction, and operation of a pilot facility for a technology if an independent evaluation and certain determinations and certifications had been made, was repealed by Pub. L. 111–383, div. A, title XIV, §1421(b)(5), Jan. 7, 2011, 124 Stat. 4420.

Pilot Program for Demilitarization of Assembled Chemical Munitions

Pub. L. 104–208, div. A, title I, §101(b) [title VIII, §8065], Sept. 30, 1996, 110 Stat. 3009–71, 3009-101, as amended by Pub. L. 106–65, div. A, title IX, §911(a)(1), Oct. 5, 1999, 113 Stat. 717, which related to pilot program to identify and demonstrate not less than two alternatives to the baseline incineration process for the demilitarization of assembled chemical munitions and required the Under Secretary of Defense for Acquisition, Technology, and Logistics to report annually to congressional defense committees on activities carried out under the program, was repealed by Pub. L. 111–383, div. A, title XIV, §1421(b)(4), Jan. 7, 2011, 124 Stat. 4420.

Destruction of Existing Stockpile of Lethal Chemical Agents and Munitions

Pub. L. 106–65, div. A, title I, §141, Oct. 5, 1999, 113 Stat. 537, which directed the Secretary of Defense to assess the stockpile destruction program for the purpose of reducing costs and ensuring completion in accordance with the Chemical Weapons Convention and report to Congress on actions to be taken and recommendations for legislation, and required the Comptroller General to review the program and report results to congressional defense committees, was repealed by Pub. L. 111–383, div. A, title XIV, §1421(b)(6), Jan. 7, 2011, 124 Stat. 4420.

Pub. L. 104–106, div. A, title I, §152, Feb. 10, 1996, 110 Stat. 214, as amended by Pub. L. 104–201, div. A, title I, §142, Sept. 23, 1996, 110 Stat. 2448; Pub. L. 104–208, div. A, title I, §101(b) [title VIII, §8065], Sept. 30, 1996, 110 Stat. 3009–71, 3009-102, which directed the Secretary of Defense to proceed with the program for destruction of the chemical munitions stockpile while ensuring maximum protection of the environment, the general public, and the personnel involved in the program, and required the Secretary to report to the congressional defense committees on the status of the program and recommend revisions, was repealed by Pub. L. 111–383, div. A, title XIV, §1421(b)(3), Jan. 7, 2011, 124 Stat. 4420.

Chemical Demilitarization Citizens Advisory Commissions

Pub. L. 102–484, div. A, title I, §172, Oct. 23, 1992, 106 Stat. 2341, as amended by Pub. L. 104–106, div. A, title I, §153(a), Feb. 10, 1996, 110 Stat. 215; Pub. L. 104–201, div. A, title X, §1073(d), Sept. 23, 1996, 110 Stat. 2658; Pub. L. 110–181, div. A, title IX, §921, Jan. 28, 2008, 122 Stat. 282; Pub. L. 110–417, [div. A], title IX, §921, Oct. 14, 2008, 122 Stat. 4573; Pub. L. 111–84, div. A, title X, §1073(c)(8), Oct. 28, 2009, 123 Stat. 2475, which directed the Secretary of the Army to establish a Chemical Demilitarization Citizens' Advisory Commission in each State in which there existed a low-volume chemical weapons storage site in order to receive citizen and State concerns regarding the program for the disposal of lethal chemical agents and munitions, and provided for termination of each such commission after completion of closure activities or upon request of the State's Governor, was repealed by Pub. L. 111–383, div. A, title XIV, §1421(b)(2), Jan. 7, 2011, 124 Stat. 4420.

Alternative Disposal Process for Low-Volume Sites; Revised Disposal Concept Plan

Pub. L. 102–484, div. A, title I, §§174, 175, Oct. 23, 1992, 106 Stat. 2344, as amended by Pub. L. 103–160, div. A, title I, §155(b), Nov. 30, 1993, 107 Stat. 1579, which related to use of an alternative technology process for the destruction of chemical weapons at low-volume sites and required a revised chemical weapons disposal concept plan incorporating such process if employed, was repealed by Pub. L. 111–383, div. A, title XIV, §1421(b)(2), Jan. 7, 2011, 124 Stat. 4420.

Sense of Congress Concerning International Consultation and Exchange Program

Pub. L. 102–484, div. A, title I, §178, Oct. 23, 1992, 106 Stat. 2346, provided that: "It is the sense of Congress that the Secretary of Defense, in consultation with the Secretary of State, should establish, with other nations that are anticipated to be signatories to an international agreement or treaty banning chemical weapons, a program under which consultation and exchange concerning chemical weapons disposal technology could be enhanced. Such a program shall be used to facilitate the exchange of technical information and advice concerning the disposal of chemical weapons among signatory nations and to further the development of safer, more cost-effective methods for the disposal of chemical weapons."

"Low-Volume Site" Defined

Pub. L. 102–484, div. A, title I, §180, Oct. 23, 1992, 106 Stat. 2347, which defined "low-volume site" for purposes of subtitle G (§§171–180) of title I of div. A of Pub. L. 102–484, was repealed by Pub. L. 111–383, div. A, title XIV, §1421(b)(2), Jan. 7, 2011, 124 Stat. 4420.

Revision of Chemical Demilitarization Program

Pub. L. 100–180, div. A, title I, §125, Dec. 4, 1987, 101 Stat. 1043, which directed the Secretary of Defense to issue an environmental impact statement, submit to congressional committees an alternative concept plan for the chemical stockpile demilitarization program, and conduct ongoing surveillance and assessment of the stockpile, was repealed by Pub. L. 111–383, div. A, title XIV, §1421(b)(1), Jan. 7, 2011, 124 Stat. 4420.

¹ So in original. Probably should be followed by a period.

§1521a. Destruction of existing stockpile of lethal chemical agents and munitions

(a) Program management

The Secretary of Defense shall ensure that the program for destruction of the United States stockpile of lethal chemical agents and munitions is managed as a major defense acquisition program (as defined in section 4201 of title 10) in accordance with the essential elements of such programs as may be determined by the Secretary.

(b) Requirement for Under Secretary of Defense (Comptroller) annual certification

Beginning with respect to the budget request for fiscal year 2004, the Under Secretary of Defense (Comptroller) shall submit to the congressional defense committees on an annual basis a certification that the budget request for the chemical agents and munitions destruction program has been submitted in accordance with the requirements of section 1521 of this title.

(Pub. L. 107–314, div. A, title I, §141, Dec. 2, 2002, 116 Stat. 2477; Pub. L. 116–283, div. A, title XVIII, §1846(i)(6), Jan. 1, 2021, 134 Stat. 4252; Pub. L. 117–81, div. A, title XVII, §1702(k)(1), Dec. 27, 2021, 135 Stat. 2160.)

Editorial Notes

Codification

Section was enacted as part of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, and not as part of Pub. L. 91–121, title IV, §409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.

Amendments

2021—Subsec. (a). Pub. L. 116–283 and Pub. L. 117–81 amended subsec. (a) identically, substituting "section 4201" for "section 2430".

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of Title 10, Armed Forces.

"Congressional Defense Committees" Defined

Congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of Pub. L. 107–314, 116 Stat. 2471. See note under section 101 of Title 10, Armed Forces.

§1522. Conduct of chemical and biological defense program

(a) General

The Secretary of Defense shall carry out the chemical and biological defense program of the United States in accordance with the provisions of this section.

(b) Management and oversight

In carrying out his responsibilities under this section, the Secretary of Defense shall do the following:

(1) Assign responsibility for overall coordination and integration of the chemical and biological warfare defense program and the chemical and biological medical defense program to a single office within the Office of the Secretary of Defense.

(2) Take those actions necessary to ensure close and continuous coordination between (A) the chemical and biological warfare defense program, and (B) the chemical and biological medical defense program.

(3) Exercise oversight over the chemical and biological defense program through the Defense Acquisition Board process.

(c) Coordination of program

(1) The Secretary of Defense shall designate the Army as executive agent for the Department of Defense to coordinate and integrate research, development, test, and evaluation, and acquisition, requirements of the military departments for chemical and biological warfare defense programs of the Department of Defense.

(2) The Director of the Defense Advanced Research Projects Agency may conduct a program of basic and applied research and advanced technology development on chemical and biological warfare defense technologies and systems. In conducting such program, the Director shall seek to avoid unnecessary duplication of the activities under the program with chemical and biological warfare defense activities of the military departments and defense agencies and shall coordinate the activities under the program with those of the military departments and defense agencies.

(d) Funding

(1) The budget for the Department of Defense for each fiscal year after fiscal year 1994 shall reflect a coordinated and integrated chemical and biological defense program for the Department of Defense.

(2) Funding requests for the program (other than for activities under the program conducted by the Defense Advanced Research Projects Agency under subsection (c)(2)) shall be set forth in the budget of the Department of Defense for each fiscal year as a separate account, with a single program element for each of the categories of research, development, test, and evaluation, acquisition, and military construction. Amounts for military construction projects may be set forth in the annual military construction budget. Funds for military construction for the program in the military construction budget shall be set forth separately from other funds for military construction projects. Funding requests for the program may be included in the budget accounts of the military departments.

(3) The program conducted by the Defense Advanced Research Projects Agency under subsection (c)(2) shall be set forth as a separate program element in the budget of that agency.

(4) All funding requirements for the chemical and biological defense program shall be reviewed by the Secretary of the Army as executive agent pursuant to subsection (c).

(e) Management review and report

(1) The Secretary of Defense shall conduct a review of the management structure of the Department of Defense chemical and biological warfare defense program, including—

(A) research, development, test, and evaluation;

(B) procurement;

(C) doctrine development;

(D) policy;

(E) training;

(F) development of requirements;

(G) readiness; and

(H) risk assessment.

(2) Not later than May 1, 1994, the Secretary shall submit to Congress a report that describes the details of measures being taken to improve joint coordination and oversight of the program and ensure a coherent and effective approach to its management.

(Pub. L. 103–160, div. A, title XVII, §1701, Nov. 30, 1993, 107 Stat. 1853; Pub. L. 104–201, div. A, title II, §228, Sept. 23, 1996, 110 Stat. 2460; Pub. L. 118–31, div. A, title X, §1047, Dec. 22, 2023, 137 Stat. 392.)

Editorial Notes

Codification

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1994, and not as part of Pub. L. 91–121, title IV, §409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.

Amendments

2023—Subsec. (d)(2). Pub. L. 118–31 substituted "may be included in the budget accounts" for "may not be included in the budget accounts".

1996—Subsec. (c). Pub. L. 104–201, §228(a), designated existing provisions as par. (1) and added par. (2).

Subsec. (d)(1). Pub. L. 104–201, §228(b)(1), substituted "program for the Department of Defense" for "program for the military departments".

Subsec. (d)(2). Pub. L. 104–201, §228(b)(2), in first sentence, inserted "(other than for activities under the program conducted by the Defense Advanced Research Projects Agency under subsection (c)(2))" after "requests for the program".

Subsec. (d)(3), (4). Pub. L. 104–201, §228(b)(3), (4), added par. (3) and redesignated former par. (3) as (4).

Statutory Notes and Related Subsidiaries

Implementation of GAO Recommendations on Preparedness of United States Forces To Counter North Korean Chemical and Biological Weapons

Pub. L. 116–283, div. A, title XII, §1259, Jan. 1, 2021, 134 Stat. 3958, provided that:

"(a) Plan Required.—

"(1) In general.—The Secretary of Defense shall develop a plan to address the recommendations in the U.S. Government Accountability Office's report entitled 'Preparedness of U.S. Forces to Counter North Korean Chemical and Biological Weapons' (GAO–21–104C).

"(2) Elements.—The plan required under paragraph (1) shall, with respect to each recommendation in the report described in paragraph (1) that the Secretary of Defense has implemented or intends to implement, include—

"(A) a summary of actions that have been or will be taken to implement the recommendation; and

"(B) a schedule, with specific milestones, for completing implementation of the recommendation.

"(b) Submission to Congress.—Not later than 1 year after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] the plan required under subsection (a).

"(c) Deadline for Implementation.—

"(1) In general.—Except as provided in paragraph (2), not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall carry out activities to implement the plan developed under subsection (a).

"(2) Exception for implementation of certain recommendations.—

"(A) Delayed implementation.—The Secretary of Defense may initiate implementation of a recommendation in the report described in subsection (a)(1) after the date specified in paragraph (1) if the Secretary provides the congressional defense committees with a specific justification for the delay in implementation of such recommendation on or before such date.

"(B) Nonimplementation.—The Secretary of Defense may decide not to implement a recommendation in the report described in subsection (a)(1) if the Secretary provides to the congressional defense committees, on or before the date specified in paragraph (1)—

"(i) a specific justification for the decision not to implement the recommendation; and

"(ii) a summary of alternative actions the Secretary plans to take to address the conditions underlying the recommendation."

National Bio-Weapons Defense Analysis Center

Pub. L. 107–296, title XVII, §1708, Nov. 25, 2002, 116 Stat. 2318, provided that: "There is established in the Department of Defense a National Bio-Weapons Defense Analysis Center, whose mission is to develop countermeasures to potential attacks by terrorists using weapons of mass destruction."

[For transfer of functions, personnel, assets, and liabilities of the National Bio-Weapons Defense Analysis Center of the Department of Defense, including the functions of the Secretary of Defense related thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 183(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.]

Chemical Warfare Defense

Pub. L. 105–261, div. A, title II, §247, Oct. 17, 1998, 112 Stat. 1956, provided that:

"(a) Review and Modification of Policies and Doctrines.—The Secretary of Defense shall review the policies and doctrines of the Department of Defense on chemical warfare defense and modify the policies and doctrine as appropriate to achieve the objectives set forth in subsection (b).

"(b) Objectives.—The objectives for the modification of policies and doctrines of the Department of Defense on chemical warfare defense are as follows:

"(1) To provide for adequate protection of personnel from any exposure to a chemical warfare agent (including chronic and low-level exposure to a chemical warfare agent) that would endanger the health of exposed personnel because of the deleterious effects of—

"(A) a single exposure to the agent;

"(B) exposure to the agent concurrently with other dangerous exposures, such as exposures to—

"(i) other potentially toxic substances in the environment, including pesticides, other insect and vermin control agents, and environmental pollutants;

"(ii) low-grade nuclear and electromagnetic radiation present in the environment;

"(iii) preventive medications (that are dangerous when taken concurrently with other dangerous exposures referred to in this paragraph);

"(iv) diesel fuel, jet fuel, and other hydrocarbon-based fuels; and

"(v) occupational hazards, including battlefield hazards; and

"(C) repeated exposures to the agent, or some combination of one or more exposures to the agent and other dangerous exposures referred to in subparagraph (B), over time.

"(2) To provide for—

"(A) the prevention of and protection against, and the detection (including confirmation) of, exposures to a chemical warfare agent (whether intentional or inadvertent) at levels that, even if not sufficient to endanger health immediately, are greater than the level that is recognized under Department of Defense policies as being the maximum safe level of exposure to that agent for the general population; and

"(B) the recording, reporting, coordinating, and retaining of information on possible exposures described in subparagraph (A), including the monitoring of the health effects of exposures on humans and animals, environmental effects, and ecological effects, and the documenting and reporting of those effects specifically by location.

"(3) To provide solutions for the concerns and mission requirements that are specifically applicable for one or more of the Armed Forces in a protracted conflict when exposures to chemical agents could be complex, dynamic, and occurring over an extended period.

"(c) Research Program.—The Secretary of Defense shall develop and carry out a plan to establish a research program for determining the effects of exposures to chemical warfare agents of the type described in subsection (b). The research shall be designed to yield results that can guide the Secretary in the evolution of policy and doctrine on exposures to chemical warfare agents and to develop new risk assessment methods and instruments with respect to such exposures. The plan shall state the objectives and scope of the program and include a 5-year funding plan.

"(d) Report.—Not later than May 1, 1999, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives [now Committee on Armed Services of the House of Representatives] a report on the results of the review under subsection (a) and on the research program developed under subsection (c). The report shall include the following:

"(1) Each modification of chemical warfare defense policy and doctrine resulting from the review.

"(2) Any recommended legislation regarding chemical warfare defense.

"(3) The plan for the research program."

Study of Facility for Training and Evaluation of Chemical or Biological Weapons Response Personnel

Pub. L. 104–132, title V, §521(b), Apr. 24, 1996, 110 Stat. 1286, provided that:

"(1) Findings.—The Congress finds that—

"(A) the threat of the use of chemical and biological weapons by Third World countries and by terrorist organizations has increased in recent years and is now a problem of worldwide significance;

"(B) the military and law enforcement agencies in the United States that are responsible for responding to the use of such weapons require additional testing, training, and evaluation facilities to ensure that the personnel of such agencies discharge their responsibilities effectively; and

"(C) a facility that recreates urban and suburban locations would provide an especially effective environment in which to test, train, and evaluate such personnel for that purpose.

"(2) Study of facility.—

"(A) In general.—The President shall establish an interagency task force to determine the feasibility and advisability of establishing a facility that recreates both an urban environment and a suburban environment in such a way as to permit the effective testing, training, and evaluation in such environments of government personnel who are responsible for responding to the use of chemical and biological weapons in the United States.

"(B) Description of facility.—The facility considered under subparagraph (A) shall include—

"(i) facilities common to urban environments (including a multistory building and an underground rail transit system) and to suburban environments;

"(ii) the capacity to produce controllable releases of chemical and biological agents from a variety of urban and suburban structures, including laboratories, small buildings, and dwellings;

"(iii) the capacity to produce controllable releases of chemical and biological agents into sewage, water, and air management systems common to urban areas and suburban areas;

"(iv) chemical and biocontaminant facilities at the P3 and P4 levels;

"(v) the capacity to test and evaluate the effectiveness of a variety of protective clothing and facilities and survival techniques in urban areas and suburban areas; and

"(vi) the capacity to test and evaluate the effectiveness of variable sensor arrays (including video, audio, meteorological, chemical, and biosensor arrays) in urban areas and suburban areas.

"(C) Sense of congress.—It is the sense of Congress that the facility considered under subparagraph (A) shall, if established—

"(i) be under the jurisdiction of the Secretary of Defense; and

"(ii) be located at a principal facility of the Department of Defense for the testing and evaluation of the use of chemical and biological weapons during any period of armed conflict."

Consolidation of Chemical and Biological Defense Training Activities

Pub. L. 103–160, div. A, title XVII, §1702, Nov. 30, 1993, 107 Stat. 1854, provided that: "The Secretary of Defense shall consolidate all chemical and biological warfare defense training activities of the Department of Defense at the United States Army Chemical School."

Sense of Congress Concerning Federal Emergency Planning for Response to Terrorist Threats

Pub. L. 103–160, div. A, title XVII, §1704, Nov. 30, 1993, 107 Stat. 1855, provided that: "It is the sense of Congress that the President should strengthen Federal interagency emergency planning by the Federal Emergency Management Agency and other appropriate Federal, State, and local agencies for development of a capability for early detection and warning of and response to—

"(1) potential terrorist use of chemical or biological agents or weapons; and

"(2) emergencies or natural disasters involving industrial chemicals or the widespread outbreak of disease."

§1523. Annual report on chemical and biological warfare defense

(a) Report required

The Secretary of Defense shall include in the annual report of the Secretary under section 113(c) of title 10 a report on chemical and biological warfare defense. The report shall assess—

(1) the overall readiness of the Armed Forces to fight in a chemical-biological warfare environment and shall describe steps taken and planned to be taken to improve such readiness; and

(2) requirements for the chemical and biological warfare defense program, including requirements for training, detection, and protective equipment, for medical prophylaxis, and for treatment of casualties resulting from use of chemical or biological weapons.

(b) Matters to be included

The report shall include information on the following:

(1) The quantities, characteristics, and capabilities of fielded chemical and biological defense equipment to meet wartime and peacetime requirements for support of the Armed Forces, including individual protective items.

(2) The status of research and development programs, and acquisition programs, for required improvements in chemical and biological defense equipment and medical treatment, including an assessment of the ability of the Department of Defense and the industrial base to meet those requirements.

(3) Measures taken to ensure the integration of requirements for chemical and biological defense equipment and material among the Armed Forces.

(4) The status of nuclear, biological, and chemical (NBC) warfare defense training and readiness among the Armed Forces and measures being taken to include realistic nuclear, biological, and chemical warfare simulations in war games, battle simulations, and training exercises.

(5) Measures taken to improve overall management and coordination of the chemical and biological defense program.

(6) Problems encountered in the chemical and biological warfare defense program during the past year and recommended solutions to those problems for which additional resources or actions by the Congress are required.

(7) A description of the chemical warfare defense preparations that have been and are being undertaken by the Department of Defense to address needs which may arise under article X of the Chemical Weapons Convention.

(8) A summary of other preparations undertaken by the Department of Defense and the On-Site Inspection Agency to prepare for and to assist in the implementation of the convention, including activities such as training for inspectors, preparation of defense installations for inspections under the convention using the Defense Treaty Inspection Readiness Program, provision of chemical weapons detection equipment, and assistance in the safe transportation, storage, and destruction of chemical weapons in other signatory nations to the convention.

(9) A description of any program involving the testing of biological or chemical agents on human subjects that was carried out by the Department of Defense during the period covered by the report, together with—

(A) a detailed justification for the testing;

(B) a detailed explanation of the purposes of the testing;

(C) a description of each chemical or biological agent tested; and

(D) the Secretary's certification that informed consent to the testing was obtained from each human subject in advance of the testing on that subject.

(10) A description of the coordination and integration of the program of the Defense Advanced Research Projects Agency (DARPA) on basic and applied research and advanced technology development on chemical and biological warfare defense technologies and systems under section 1522(c)(2) of this title with the overall program of the Department of Defense on chemical and biological warfare defense, including—

(A) an assessment of the degree to which the DARPA program is coordinated and integrated with, and supports the objectives and requirements of, the overall program of the Department of Defense; and

(B) the means by which the Department determines the level of such coordination and support.

(Pub. L. 103–160, div. A, title XVII, §1703, Nov. 30, 1993, 107 Stat. 1854; Pub. L. 105–85, div. A, title X, §1078(f), Nov. 18, 1997, 111 Stat. 1915; Pub. L. 109–364, div. A, title X, §1041, Oct. 17, 2006, 120 Stat. 2390.)

Editorial Notes

Codification

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1994, and not as part of Pub. L. 91–121, title IV, §409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.

Amendments

2006—Subsec. (b)(10). Pub. L. 109–364 added par. (10).

1997—Subsec. (b)(9). Pub. L. 105–85 added par. (9).

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective Dec. 31, 2021, of provisions of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of Title 10, Armed Forces.

§1524. Agreements to provide support to vaccination programs of Department of Health and Human Services

(a) Agreements authorized

The Secretary of Defense may enter into agreements with the Secretary of Health and Human Services to provide support for vaccination programs of the Secretary of Health and Human Services in the United States through use of the excess peacetime biological weapons defense capability of the Department of Defense.

(b) Report

Not later than February 1, 1994, the Secretary of Defense shall submit to the congressional defense committees a report on the feasibility of providing Department of Defense support for vaccination programs under subsection (a) and shall identify resource requirements that are not within the Department's capability.

(Pub. L. 103–160, div. A, title XVII, §1705, Nov. 30, 1993, 107 Stat. 1856.)

Editorial Notes

Codification

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1994, and not as part of Pub. L. 91–121, title IV, §409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.

Statutory Notes and Related Subsidiaries

"Congressional Defense Committees" Defined

Congressional defense committees means the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives, see section 3 of Pub. L. 103–160, 107 Stat. 1562. See note under section 101 of Title 10, Armed Forces.

§1525. Assistance for facilities subject to inspection under Chemical Weapons Convention

(a) Assistance authorized

Upon the request of the owner or operator of a facility that is subject to a routine inspection or a challenge inspection under the Chemical Weapons Convention, the Secretary of Defense may provide technical assistance to that owner or operator related to compliance of that facility with the Convention. Any such assistance shall be provided through the On-Site Inspection Agency of the Department of Defense.

(b) Reimbursement requirement

The Secretary may provide assistance under subsection (a) only to the extent that the Secretary determines that the Department of Defense will be reimbursed for costs incurred in providing the assistance. The United States National Authority may provide such reimbursement from amounts available to it. Any such reimbursement shall be credited to amounts available for the On-Site Inspection Agency.

(c) Definitions

In this section:

(1) The terms "Chemical Weapons Convention" and "Convention" mean the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, ratified by the United States on April 25, 1997, and entered into force on April 29, 1997.

(2) The term "facility that is subject to a routine inspection" means a declared facility, as defined in paragraph 15 of part X of the Annex on Implementation and Verification of the Convention.

(3) The term "challenge inspection" means an inspection conducted under Article IX of the Convention.

(4) The term "United States National Authority" means the United States National Authority established or designated pursuant to Article VII, paragraph 4, of the Convention.

(Pub. L. 105–85, div. A, title XIII, §1303, Nov. 18, 1997, 111 Stat. 1951.)

Editorial Notes

Codification

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1998, and not as part of Pub. L. 91–121, title IV, §409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.

§1526. Effective use of resources for nonproliferation programs

(a) Prohibition

Except as provided in subsection (b), no assistance may be provided by the United States Government to any person who is involved in the research, development, design, testing, or evaluation of chemical or biological weapons for offensive purposes.

(b) Exception

The prohibition contained in subsection (a) shall not apply to any activity conducted pursuant to title V of the National Security Act of 1947 [50 U.S.C. 3091 et seq.].

(Pub. L. 106–113, div. B, §1000(a)(7) [div. B, title XI, §1132], Nov. 29, 1999, 113 Stat. 1536, 1501A-493).

Editorial Notes

References in Text

The National Security Act of 1947, referred to in subsec. (b), is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chapter 15 (§401 et seq.) of this title, prior to editorial reclassification in chapter 44 (§3001 et seq.) of this title. Title V of the Act is now classified generally to subchapter III (§3091 et seq.) of chapter 44 of this title. For complete classification of this Act to the Code, see Tables.

Codification

Section was enacted as part of the Arms Control and Nonproliferation Act of 1999, and also as part of the Arms Control, Nonproliferation, and Security Assistance Act of 1999, and the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years, 2000 and 2001, and not as part of Pub. L. 91–121, title IV, §409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.

§1527. Improved biosafety for handling of select agents and toxins

(a) Quality control and quality assurance program

The Secretary of Defense, acting through the executive agent for the biological select agent and toxin biosafety program of the Department of Defense, shall carry out a program to implement certain quality control and quality assurance measures at each covered facility.

(b) Quality control and quality assurance measures

Subject to subsection (c), the quality control and quality assurance measures implemented at each covered facility under subsection (a) shall include the following:

(1) Designation of an external manager to oversee quality assurance and quality control.

(2) Environmental sampling and inspection.

(3) Production procedures that prohibit operations where live biological select agents and toxins are used in the same laboratory where viability testing is conducted.

(4) Production procedures that prohibit work on multiple organisms or multiple strains of one organism within the same biosafety cabinet.

(5) A video surveillance program that uses video monitoring as a tool to improve laboratory practices in accordance with regulatory requirements.

(6) Formal, recurring data reviews of production in an effort to identify data trends and nonconformance issues before such issues affect end products.

(7) Validated protocols for production processes to ensure that process deviations are adequately vetted prior to implementation.

(8) Maintenance and calibration procedures and schedules for all tools, equipment, and irradiators.

(c) Waiver

In carrying out the program under subsection (a), the Secretary may waive any of the quality control and quality assurance measures required under subsection (b) in the interest of national defense.

(d) Study and report required

(1) Study

The Secretary of Defense shall carry out a study to evaluate—

(A) the feasibility of consolidating covered facilities within a unified command to minimize risk;

(B) opportunities to partner with industry for the production of biological select agents and toxins and related services in lieu of maintaining such capabilities within the Department of the Army; and

(C) whether operations under the biological select agent and toxin production program should be transferred to another government or commercial laboratory that may be better suited to execute production for non-Department of Defense customers.

(2) Report

Not later than February 1, 2017, the Secretary shall submit to the congressional defense committees a report on the results of the study under paragraph (1).

(e) Comptroller General review

Not later than September 1, 2017, the Comptroller General of the United States shall submit to the congressional defense committees a report that includes the following:

(1) A review of—

(A) the actions taken by the Department of Defense to address the findings and recommendations of the report of the Department of the Army titled "Individual and Institutional Accountability for the Shipment of Viable Bacillus Anthracis from Dugway Proving Grounds", dated December 15, 2015, including any actions taken to address the culture of complacency in the biological select agent and toxin production program identified in such report; and

(B) the progress of the Secretary in carrying out the program under subsection (a).

(2) An analysis of the study and report under subsection (d).

(f) Definitions

In this section:

(1) The term "biological select agent and toxin" means any agent or toxin identified under—

(A) section 331.3 of title 7, Code of Federal Regulations;

(B) section 121.3 or section 121.4 of title 9, Code of Federal Regulations; or

(C) section 73.3 or section 73.4 of title 42, Code of Federal Regulations.

(2) The term "covered facility" means any facility of the Department of Defense that produces biological select agents and toxins.

(Pub. L. 114–328, div. A, title II, §218, Dec. 23, 2016, 130 Stat. 2052.)

Editorial Notes

Codification

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2017, and not as part of Pub. L. 91–121, title IV, §409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.

Statutory Notes and Related Subsidiaries

Notification of Safety and Security Concerns at Certain Department of Defense Laboratories

Pub. L. 118–31, div. A, title X, §1089, Dec. 22, 2023, 137 Stat. 420, provided that:

"(a) In General.—The Secretary of Defense shall notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] within 7 days after ceasing operations at any Department of Defense laboratory or facility rated at biosafety level–3 or higher for safety or security reasons.

"(b) Content.—The notification required under subsection (a) shall include—

"(1) the reason why operations have ceased at the laboratory or facility;

"(2) whether appropriate notification to other Federal agencies has occurred;

"(3) a description of the actions taken to determine the root cause of the cessation; and

"(4) a description of the actions taken to restore operations at the laboratory or facility."

"Congressional Defense Committees" Defined

Congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of Pub. L. 114–328, 130 Stat. 2025. See note under section 101 of Title 10, Armed Forces.

§1528. Congressional notification of biological select agent and toxin theft, loss, or release involving the Department of Defense

(a) Notification

(1) Subject to paragraph (2), not later than 45 days after a covered report of any theft, loss, or release of a biological select agent or toxin involving the Department of Defense is filed with the Centers for Disease Control and Prevention or the Animal and Plant Health Inspection Service, the Secretary of Defense, acting through the Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs, shall provide to the congressional defense committees notice of such theft, loss, or release.

(2) The Secretary shall provide to the congressional defense committees notice of a release under paragraph (1) only if the Secretary, acting through the Assistant Secretary, determines that the release is outside the barriers of secondary containment into the ambient air or environment or is causing occupational exposure that presents a threat to public safety.

(3) In this subsection, the term "covered report" means a report filed under any of the following (or any successor regulations):

(A) Section 331.19 of title 7, Code of Federal Regulations.

(B) Section 121.19 of title 9, Code of Federal Regulations.

(C) Section 73.19 of title 42, Code of Federal Regulations.

(b) Elements

Notice of a theft, loss, or release of a biological select agent or toxin under subsection (a) shall include each of the following:

(1) The name of the agent or toxin and any identifying information, including the strain or other relevant characterization information.

(2) An estimate of the quantity of the agent or toxin stolen, lost, or released.

(3) The location or facility from which the theft, loss, or release occurred.

(4) In the case of a release, any hazards posed by the release and the number of individuals potentially exposed to the agent or toxin.

(5) Actions taken to respond to the theft, loss, or release.

(Pub. L. 114–328, div. A, title X, §1067, Dec. 23, 2016, 130 Stat. 2411; Pub. L. 118–31, div. A, title X, §1061(f), Dec. 22, 2023, 137 Stat. 399; Pub. L. 118–159, div. A, title XVI, §1621(d)(5), Dec. 23, 2024, 138 Stat. 2171.)

Editorial Notes

Codification

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2017, and not as part of Pub. L. 91–121, title IV, §409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.

Amendments

2024—Subsec. (a)(1). Pub. L. 118–159 substituted "Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs" for "Nuclear, Chemical, and Biological Defense Programs".

2023—Subsec. (a). Pub. L. 118–31 amended subsec. (a) generally. Prior to amendment, text read as follows: "Not later than 15 days after notice of any theft, loss, or release of a biological select agent or toxin involving the Department of Defense is provided to the Centers for Disease Control and Prevention or the Animal and Plant Health Inspection Service, as specified by section 331.19 of part 7 of the Code of Federal Regulations, the Secretary of Defense shall provide to the congressional defense committees notice of such theft, loss, or release."

Statutory Notes and Related Subsidiaries

"Congressional Defense Committees" Defined

Congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of Pub. L. 114–328, 130 Stat. 2025. See note under section 101 of Title 10, Armed Forces.

CHAPTER 33—WAR POWERS RESOLUTION

        

§1541. Purpose and policy

(a) Congressional declaration

It is the purpose of this chapter to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities or in such situations.

(b) Congressional legislative power under necessary and proper clause

Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof.

(c) Presidential executive power as Commander-in-Chief; limitation

The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.

(Pub. L. 93–148, §2, Nov. 7, 1973, 87 Stat. 555.)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 93–148, §10, Nov. 7, 1973, 87 Stat. 559, provided that: "This joint resolution [enacting this chapter] shall take effect on the date of its enactment [Nov. 7, 1973]."

Short Title

Pub. L. 93–148, §1, Nov. 7, 1973, 87 Stat. 555, provided that: "This joint resolution [enacting this chapter] may be cited as the 'War Powers Resolution'."

Rule of Construction on the Permanent Stationing of United States Armed Forces in Somalia

Pub. L. 116–92, div. A, title XII, §1271, Dec. 20, 2019, 133 Stat. 1698, provided that: "Nothing in this Act [see Tables for classification] may be construed to authorize the permanent stationing of members of the Armed Forces in Somalia."

Report on Responsible Redeployment of United States Armed Forces From Iraq

Pub. L. 111–84, div. A, title XII, §1227, Oct. 28, 2009, 123 Stat. 2525, as amended by Pub. L. 111–383, div. A, title XII, §1233(a)–(e), Jan. 7, 2011, 124 Stat. 4396, 4397, provided that:

"(a) Report Required.—Not later than 90 days after the date of the enactment of this Act [Oct. 28, 2009], or December 31, 2010, whichever occurs later, and every 180 days thereafter, the Secretary of Defense shall submit to the appropriate congressional committees a report concerning the responsible redeployment of United States Armed Forces from Iraq in accordance with the policy announced by the President on February 27, 2009, and the Agreement Between the United States of America and the Republic of Iraq On the Withdrawal of United States Forces From Iraq and the Organization of Their Activities During Their Temporary Presence in Iraq.

"(b) Elements.—The report required under subsection (a) shall include the following elements:

"(1) The number of United States military personnel in Iraq by service and component for each month of the preceding 90-day period and an estimate of the personnel levels in Iraq for the 90-day period following submission of the report.

"(2) The number and type of military installations in Iraq occupied by 100 or more United States military personnel and the number of such military installations closed, consolidated, or transferred to the Government of Iraq in the preceding 90-day period.

"(3) An estimate of the number of military vehicles, containers of equipment, tons of ammunition, or other significant items belonging to the Department of Defense removed from Iraq during the preceding 90-day period, an estimate of the remaining amount of such items belonging to the Department of Defense, and an assessment of the likelihood of successfully removing, demilitarizing, or otherwise transferring all items belonging to the Department of Defense from Iraq on or before December 31, 2011.

"(4) An assessment of United States detainee operations and releases. Such assessment should include the total number of detainees held by the United States in Iraq, the number of detainees in each threat level category, the number of detainees who are not nationals of Iraq, the number of detainees transferred to Iraqi authorities, the number of detainees who were released from United States custody and the reasons for their release, and the number of detainees who having been released in the past were recaptured or had their remains identified planning or after carrying out attacks on United States or Coalition forces.

"(5) A listing of the objective and subjective factors utilized by the commander of United States Forces–Iraq, including any changes to that list in the case of an update to the report, to determine risk levels associated with the drawdown of United States Armed Forces, and the process and timing that will be utilized by the commander of United States Forces–Iraq and the Secretary of Defense to assess risk and make recommendations to the President about either continuing the redeployment of United States Armed Forces from Iraq in accordance with the schedule announced by the President or modifying the pace or timing of that redeployment.

"(6) An assessment of progress to transfer responsibility of programs, projects, and activities carried out in Iraq by the Department of Defense to other United States Government departments and agencies, international or nongovernmental entities, or the Government of Iraq. The assessment should include a description of the numbers and categories of programs, projects, and activities for which such other entities have taken responsibility or which have been discontinued by the Department of Defense. The assessment should also include a discussion of any difficulties or barriers in transitioning such programs, projects, and activities and what, if any, solutions have been developed to address such difficulties or barriers.

"(7) An assessment of progress toward the goal of building the minimum essential capabilities of the Ministry of Defense and the Ministry of the Interior of Iraq, including a description of—

"(A) such capabilities both extant and remaining to be developed;

"(B) major equipment necessary to achieve such capabilities;

"(C) the level and type of support provided by the United States to address shortfalls in such capabilities; and

"(D) the level of commitment, both financial and political, made by the Government of Iraq to develop such capabilities, including a discussion of resources used by the Government of Iraq to develop capabilities that the Secretary determines are not minimum essential capabilities for purposes of this paragraph.

"(8) A listing and assessment of the anticipated level and type of support to be provided by United States special operations forces to the Government of Iraq and Iraqi special operations forces during the redeployment of United States conventional forces from Iraq. The assessment should include a listing of anticipated critical support from general purpose forces required by United States special operations forces and Iraqi special operations forces. The assessment should also include combat support, including rotary aircraft and intelligence, surveillance, and reconnaissance assets, combat service support, and contractor support needed through December 31, 2011.

"(c) Secretary of State Comments.—Prior to submitting the report required under subsection (a), the Secretary of Defense shall provide a copy of the report to the Secretary of State for review. At the request of the Secretary of State, the Secretary of Defense shall include an appendix to the report which contains any comments or additional information that the Secretary of State requests.

"(d) Form.—The report required under subsection (a) may include a classified annex.

"(e) Appropriate Congressional Committees.—In this section, the term 'appropriate congressional committees' means—

"(1) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and

"(2) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.

"(f) Termination.—The requirement to submit the report required under subsection (a) shall terminate on September 30, 2012."

United States Policy on Iraq

Pub. L. 109–163, div. A, title XII, §1227, Jan. 6, 2006, 119 Stat. 3465, as amended by Pub. L. 110–181, div. A, title XII, §1223(a)(1), (b), Jan. 28, 2008, 122 Stat. 373, 374, known as the "United States Policy in Iraq Act", which required the President to submit reports to Congress on United States policy and military operations in Iraq not later than 90 days after Jan. 6, 2006, and every three months thereafter, until all United States combat brigades had been redeployed from Iraq, and required congressional briefings by senior officials of the Department of Defense subsequent to the submission of each such report, was repealed by Pub. L. 111–383, div. A, title XII, §1233(f)(1), Jan. 7, 2011, 124 Stat. 4397.

Authorization for Use of Military Force Against Iraq Resolution of 2002

Pub. L. 107–243, Oct. 16, 2002, 116 Stat. 1498, provided that:

"Whereas in 1990 in response to Iraq's war of aggression against and illegal occupation of Kuwait, the United States forged a coalition of nations to liberate Kuwait and its people in order to defend the national security of the United States and enforce United Nations Security Council resolutions relating to Iraq;

"Whereas after the liberation of Kuwait in 1991, Iraq entered into a United Nations sponsored cease-fire agreement pursuant to which Iraq unequivocally agreed, among other things, to eliminate its nuclear, biological, and chemical weapons programs and the means to deliver and develop them, and to end its support for international terrorism;

"Whereas the efforts of international weapons inspectors, United States intelligence agencies, and Iraqi defectors led to the discovery that Iraq had large stockpiles of chemical weapons and a large scale biological weapons program, and that Iraq had an advanced nuclear weapons development program that was much closer to producing a nuclear weapon than intelligence reporting had previously indicated;

"Whereas Iraq, in direct and flagrant violation of the cease-fire, attempted to thwart the efforts of weapons inspectors to identify and destroy Iraq's weapons of mass destruction stockpiles and development capabilities, which finally resulted in the withdrawal of inspectors from Iraq on October 31, 1998;

"Whereas in Public Law 105–235 (August 14, 1998) [112 Stat. 1538], Congress concluded that Iraq's continuing weapons of mass destruction programs threatened vital United States interests and international peace and security, declared Iraq to be in 'material and unacceptable breach of its international obligations' and urged the President 'to take appropriate action, in accordance with the Constitution and relevant laws of the United States, to bring Iraq into compliance with its international obligations';

"Whereas Iraq both poses a continuing threat to the national security of the United States and international peace and security in the Persian Gulf region and remains in material and unacceptable breach of its international obligations by, among other things, continuing to possess and develop a significant chemical and biological weapons capability, actively seeking a nuclear weapons capability, and supporting and harboring terrorist organizations;

"Whereas Iraq persists in violating resolution [sic] of the United Nations Security Council by continuing to engage in brutal repression of its civilian population thereby threatening international peace and security in the region, by refusing to release, repatriate, or account for non-Iraqi citizens wrongfully detained by Iraq, including an American serviceman, and by failing to return property wrongfully seized by Iraq from Kuwait;

"Whereas the current Iraqi regime has demonstrated its capability and willingness to use weapons of mass destruction against other nations and its own people;

"Whereas the current Iraqi regime has demonstrated its continuing hostility toward, and willingness to attack, the United States, including by attempting in 1993 to assassinate former President Bush and by firing on many thousands of occasions on United States and Coalition Armed Forces engaged in enforcing the resolutions of the United Nations Security Council;

"Whereas members of al Qaida, an organization bearing responsibility for attacks on the United States, its citizens, and interests, including the attacks that occurred on September 11, 2001, are known to be in Iraq;

"Whereas Iraq continues to aid and harbor other international terrorist organizations, including organizations that threaten the lives and safety of United States citizens;

"Whereas the attacks on the United States of September 11, 2001, underscored the gravity of the threat posed by the acquisition of weapons of mass destruction by international terrorist organizations;

"Whereas Iraq's demonstrated capability and willingness to use weapons of mass destruction, the risk that the current Iraqi regime will either employ those weapons to launch a surprise attack against the United States or its Armed Forces or provide them to international terrorists who would do so, and the extreme magnitude of harm that would result to the United States and its citizens from such an attack, combine to justify action by the United States to defend itself;

"Whereas United Nations Security Council Resolution 678 (1990) authorizes the use of all necessary means to enforce United Nations Security Council Resolution 660 (1990) and subsequent relevant resolutions and to compel Iraq to cease certain activities that threaten international peace and security, including the development of weapons of mass destruction and refusal or obstruction of United Nations weapons inspections in violation of United Nations Security Council Resolution 687 (1991), repression of its civilian population in violation of United Nations Security Council Resolution 688 (1991), and threatening its neighbors or United Nations operations in Iraq in violation of United Nations Security Council Resolution 949 (1994);

"Whereas in the Authorization for Use of Military Force Against Iraq Resolution (Public Law 102–1) [set out as a note below], Congress has authorized the President 'to use United States Armed Forces pursuant to United Nations Security Council Resolution 678 (1990) in order to achieve implementation of Security Council Resolution 660, 661, 662, 664, 665, 666, 667, 669, 670, 674, and 677';

"Whereas in December 1991, Congress expressed its sense that it 'supports the use of all necessary means to achieve the goals of United Nations Security Council Resolution 687 as being consistent with the Authorization of Use of Military Force Against Iraq Resolution (Public Law 102–1),' that Iraq's repression of its civilian population violates United Nations Security Council Resolution 688 and 'constitutes a continuing threat to the peace, security, and stability of the Persian Gulf region,' and that Congress, 'supports the use of all necessary means to achieve the goals of United Nations Security Council Resolution 688';

"Whereas the Iraq Liberation Act of 1998 (Public Law 105–338) [former 22 U.S.C. 2151 note] expressed the sense of Congress that it should be the policy of the United States to support efforts to remove from power the current Iraqi regime and promote the emergence of a democratic government to replace that regime;

"Whereas on September 12, 2002, President Bush committed the United States to 'work with the United Nations Security Council to meet our common challenge' posed by Iraq and to 'work for the necessary resolutions,' while also making clear that 'the Security Council resolutions will be enforced, and the just demands of peace and security will be met, or action will be unavoidable';

"Whereas the United States is determined to prosecute the war on terrorism and Iraq's ongoing support for international terrorist groups combined with its development of weapons of mass destruction in direct violation of its obligations under the 1991 cease-fire and other United Nations Security Council resolutions make clear that it is in the national security interests of the United States and in furtherance of the war on terrorism that all relevant United Nations Security Council resolutions be enforced, including through the use of force if necessary;

"Whereas Congress has taken steps to pursue vigorously the war on terrorism through the provision of authorities and funding requested by the President to take the necessary actions against international terrorists and terrorist organizations, including those nations, organizations, or persons who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such persons or organizations;

"Whereas the President and Congress are determined to continue to take all appropriate actions against international terrorists and terrorist organizations, including those nations, organizations, or persons who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such persons or organizations;

"Whereas the President has authority under the Constitution to take action in order to deter and prevent acts of international terrorism against the United States, as Congress recognized in the joint resolution on Authorization for Use of Military Force (Public Law 107–40) [set out as a note below]; and

"Whereas it is in the national security interests of the United States to restore international peace and security to the Persian Gulf region: Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

"SECTION 1. SHORT TITLE.

"This joint resolution may be cited as the 'Authorization for Use of Military Force Against Iraq Resolution of 2002'.

"SEC. 2. SUPPORT FOR UNITED STATES DIPLOMATIC EFFORTS.

"The Congress of the United States supports the efforts by the President to—

"(1) strictly enforce through the United Nations Security Council all relevant Security Council resolutions regarding Iraq and encourages him in those efforts; and

"(2) obtain prompt and decisive action by the Security Council to ensure that Iraq abandons its strategy of delay, evasion and noncompliance and promptly and strictly complies with all relevant Security Council resolutions regarding Iraq.

"SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

"(a) Authorization.—The President is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to—

"(1) defend the national security of the United States against the continuing threat posed by Iraq; and

"(2) enforce all relevant United Nations Security Council resolutions regarding Iraq.

"(b) Presidential Determination.—In connection with the exercise of the authority granted in subsection (a) to use force the President shall, prior to such exercise or as soon thereafter as may be feasible, but no later than 48 hours after exercising such authority, make available to the Speaker of the House of Representatives and the President pro tempore of the Senate his determination that—

"(1) reliance by the United States on further diplomatic or other peaceful means alone either (A) will not adequately protect the national security of the United States against the continuing threat posed by Iraq or (B) is not likely to lead to enforcement of all relevant United Nations Security Council resolutions regarding Iraq; and

"(2) acting pursuant to this joint resolution is consistent with the United States and other countries continuing to take the necessary actions against international terrorist and terrorist organizations, including those nations, organizations, or persons who planned, authorized, committed or aided the terrorist attacks that occurred on September 11, 2001.

"(c) War Powers Resolution Requirements.—

"(1) Specific statutory authorization.—Consistent with section 8(a)(1) of the War Powers Resolution [50 U.S.C. 1547(a)(1)], the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution [50 U.S.C. 1544(b)].

"(2) Applicability of other requirements.—Nothing in this joint resolution supersedes any requirement of the War Powers Resolution [50 U.S.C. 1541 et seq.].

"SEC. 4. REPORTS TO CONGRESS.

"(a) Reports.—The President shall, at least once every 60 days, submit to the Congress a report on matters relevant to this joint resolution, including actions taken pursuant to the exercise of authority granted in section 3 and the status of planning for efforts that are expected to be required after such actions are completed, including those actions described in section 7 of the Iraq Liberation Act of 1998 (Public Law 105–338) [former 22 U.S.C. 2151 note].

"(b) Single Consolidated Report.—To the extent that the submission of any report described in subsection (a) coincides with the submission of any other report on matters relevant to this joint resolution otherwise required to be submitted to Congress pursuant to the reporting requirements of the War Powers Resolution (Public Law 93–148) [50 U.S.C. 1541 et seq.], all such reports may be submitted as a single consolidated report to the Congress.

"(c) Rule of Construction.—To the extent that the information required by section 3 of the Authorization for Use of Military Force Against Iraq Resolution (Public Law 102–1) [set out in a note below] is included in the report required by this section, such report shall be considered as meeting the requirements of section 3 of such resolution."

Authorization for Use of Military Force Against September 11 Terrorists

Pub. L. 107–40, Sept. 18, 2001, 115 Stat. 224, provided that:

"Whereas, on September 11, 2001, acts of treacherous violence were committed against the United States and its citizens; and

"Whereas, such acts render it both necessary and appropriate that the United States exercise its rights to self-defense and to protect United States citizens both at home and abroad; and

"Whereas, in light of the threat to the national security and foreign policy of the United States posed by these grave acts of violence; and

"Whereas, such acts continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States; and

"Whereas, the President has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States: Now, therefore, be it

"Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

"SECTION 1. SHORT TITLE.

"This joint resolution may be cited as the 'Authorization for Use of Military Force'.

"SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

"(a) In General.—That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.

"(b) War Powers Resolution Requirements.—

"(1) Specific statutory authorization.—Consistent with section 8(a)(1) of the War Powers Resolution [50 U.S.C. 1547(a)(1)], the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution [50 U.S.C. 1544(b)].

"(2) Applicability of other requirements.—Nothing in this resolution supercedes any requirement of the War Powers Resolution [50 U.S.C. 1541 et seq.]."

Limitation on Deployment of Armed Forces in Haiti During Fiscal Year 2000 and Congressional Notice of Deployments to Haiti

Pub. L. 106–65, div. A, title XII, §1232, Oct. 5, 1999, 113 Stat. 788, as amended by Pub. L. 107–107, div. A, title XII, §1222, Dec. 28, 2001, 115 Stat. 1253, provided that:

"(a) Limitation on Deployment.—No funds available to the Department of Defense during fiscal year 2000 may be expended after May 31, 2000, for the continuous deployment of United States Armed Forces in Haiti pursuant to the Department of Defense operation designated as Operation Uphold Democracy.

"[(b) Repealed. Pub. L. 107–107, div. A, title XII, §1222, Dec. 28, 2001, 115 Stat. 1253.]"

Involvement of Armed Forces in Haiti

Pub. L. 103–423, Oct. 25, 1994, 108 Stat. 4358, provided that:

"SECTION 1. SENSE OF CONGRESS REGARDING UNITED STATES ARMED FORCES OPERATIONS IN HAITI.

"It is the sense of Congress that—

"(a) the men and women of the United States Armed Forces in Haiti who are performing with professional excellence and dedicated patriotism are to be commended;

"(b) the President should have sought and welcomed Congressional approval before deploying United States Armed Forces to Haiti;

"(c) the departure from power of the de facto authorities in Haiti, and Haitian efforts to achieve national reconciliation, democracy and the rule of law are in the best interests of the Haitian people;

"(d) the President's lifting of the unilateral economic sanctions on Haiti, and his efforts to bring about the lifting of economic sanctions imposed by the United Nations are appropriate; and

"(e) Congress supports a prompt and orderly withdrawal of all United States Armed Forces from Haiti as soon as possible.

"SEC. 2. PRESIDENTIAL STATEMENT OF NATIONAL SECURITY OBJECTIVES.

"The President shall prepare and submit to the President pro tempore of the Senate and the Speaker of the House of Representatives (hereafter, 'Congress') not later than seven days after enactment of this resolution [Oct. 25, 1994] a statement of the national security objectives to be achieved by Operation Uphold Democracy, and a detailed description of United States policy, the military mission and the general rules of engagement under which operations of United States Armed Forces are conducted in and around Haiti, including the role of United States Armed Forces regarding Haitian on Haitian violence, and efforts to disarm Haitian military or police forces, or civilians. Changes or modifications to such objectives, policy, military mission, or general rules of engagement shall be submitted to Congress within forty-eight hours of approval.

"SEC. 3. REPORT ON THE SITUATION IN HAITI.

"Not later than November 1, 1994, and monthly thereafter until the cessation of Operation Uphold Democracy, the President shall submit a report to Congress on the situation in Haiti, including—

"(a) a listing of the units of the United States Armed Forces and of the police and military units of other nations participating in operations in and around Haiti;

"(b) the estimated duration of Operation Uphold Democracy and progress toward the withdrawal of all United States Armed Forces from Haiti consistent with the goal of section 1(e) of this resolution;

"(c) armed incidents or the use of force in or around Haiti involving United States Armed Forces or Coast Guard personnel in the time period covered by the report;

"(d) the estimated cumulative incremental cost of all United States activities subsequent to September 30, 1993, in and around Haiti, including but not limited to—

"(1) the cost of all deployments of United States Armed Forces and Coast Guard personnel, training, exercises, mobilization, and preparation activities, including the preparation of police and military units of the other nations of the multinational force involved in enforcement of sanctions, limits on migration, establishment and maintenance of migrant facilities at Guantanamo Bay and elsewhere, and all other activities relating to operations in and around Haiti; and

"(2) the costs of all other activities relating to United States policy toward Haiti, including humanitarian assistance, reconstruction, aid and other financial assistance, and all other costs to the United States Government;

"(e) a detailed accounting of the source of funds obligated or expended to meet the costs described in subparagraph (d), including—

"(1) in the case of funds expended from the Department of Defense budget, a breakdown by military service or defense agency, line item and program, and

"(2) in the case of funds expended from the budgets of departments and agencies other than the Department of Defense, by department or agency and program;

"(f) the Administration plan for financing the costs of the operations and the impact on readiness without supplemental funding;

"(g) a description of the situation in Haiti, including—

"(1) the security situation;

"(2) the progress made in transferring the functions of government to the democratically elected government of Haiti; and

"(3) progress toward holding free and fair parliamentary elections;

"(h) a description of issues relating to the United Nations Mission in Haiti (UNMIH), including—

"(1) the preparedness of the United Nations Mission in Haiti (UNMIH) to deploy to Haiti to assume its functions;

"(2) troop commitments by other nations to UNMIH;

"(3) the anticipated cost to the United States of participation in UNMIH, including payments to the United Nations and financial, material and other assistance to UNMIH;

"(4) proposed or actual participation of United States Armed Forces in UNMIH;

"(5) proposed command arrangements for UNMIH, including proposed or actual placement of United States Armed Forces under foreign command; and

"(6) the anticipated duration of UNMIH.

"SEC. 4. REPORT ON HUMAN RIGHTS.

"Not later than January 1, 1995, the Secretary of State shall report to Congress on the participation or involvement of any member of the de jure or de facto Haitian government in violations of internationally-recognized human rights from December 15, 1990, to December 15, 1994.

"SEC. 5. REPORT ON UNITED STATES AGREEMENTS.

"Not later than November 15, 1994, the Secretary of State shall provide a comprehensive report to Congress on all agreements the United States has entered into with other nations, including any assistance pledged or provided, in connection with United States efforts in Haiti. Such report shall also include information on any agreements or commitments relating to United Nations Security Council actions concerning Haiti since 1992.

"SEC. 6. TRANSITION TO UNITED NATIONS MISSION IN HAITI.

"Nothing in this resolution should be construed or interpreted to constitute Congressional approval or disapproval of the participation of United States Armed Forces in the United Nations Mission in Haiti."

Involvement of Armed Forces in Somalia

Pub. L. 103–160, div. A, title XV, §1512, Nov. 30, 1993, 107 Stat. 1840, provided that:

"(a) Sense of Congress Regarding United States Policy Toward Somalia.—

"(1) Since United States Armed Forces made significant contributions under Operation Restore Hope towards the establishment of a secure environment for humanitarian relief operations and restoration of peace in the region to end the humanitarian disaster that had claimed more than 300,000 lives.

"(2) Since the mission of United States forces in support of the United Nations appears to be evolving from the establishment of 'a secure environment for humanitarian relief operations,' as set out in United Nations Security Council Resolution 794 of December 3, 1992, to one of internal security and nation building.

"(b) Statement of Congressional Policy.—

"(1) Consultation with the congress.—The President should consult closely with the Congress regarding United States policy with respect to Somalia, including in particular the deployment of United States Armed Forces in that country, whether under United Nations or United States command.

"(2) Planning.—The United States shall facilitate the assumption of the functions of United States forces by the United Nations.

"(3) Reporting requirement.—

"(A) The President shall ensure that the goals and objectives supporting deployment of United States forces to Somalia and a description of the mission, command arrangements, size, functions, location, and anticipated duration in Somalia of those forces are clearly articulated and provided in a detailed report to the Congress by October 15, 1993.

"(B) Such report shall include the status of planning to transfer the function contained in paragraph (2).

"(4) Congressional approval.—Upon reporting under the requirements of paragraph (3) Congress believes the President should by November 15, 1993, seek and receive congressional authorization in order for the deployment of United States forces to Somalia to continue."

Duration of Authorization for United States Participation in Multinational Force in Somalia

Pub. L. 103–139, title VIII, §8151, Nov. 11, 1993, 107 Stat. 1475, provided that:

"(a) The Congress finds that—

"(1) the United States entered into Operation Restore Hope in December of 1992 for the purpose of relieving mass starvation in Somalia;

"(2) the original mission in Somalia, to secure the environment for humanitarian relief, had the unanimous support of the Senate, expressed in Senate Joint Resolution 45, passed on February 4, 1993, and was endorsed by the House when it amended S.J. Res. 45 on May 25, 1993;

"(3) Operation Restore Hope was being successfully accomplished by United States forces, working with forces of other nations, when it was replaced by the UNOSOM II mission, assumed by the United Nations on May 4, 1993, pursuant to United Nations Resolution 814 of March 26, 1993;

"(4) neither the expanded United Nations mission of national reconciliation, nor the broad mission of disarming the clans, nor any other mission not essential to the performance of the humanitarian mission has been endorsed or approved by the Senate;

"(5) the expanded mission of the United Nations was, subsequent to an attack upon United Nations forces, diverted into a mission aimed primarily at capturing certain persons, pursuant to United Nations Security Council Resolution 837, of June 6, 1993;

"(6) the actions of hostile elements in Mogadishu, and the United Nations mission to subdue those elements, have resulted in open conflict in the city of Mogadishu and the deaths of 29 Americans, at least 159 wounded, and the capture of American personnel; and

"(7) during fiscal years 1992 and 1993, the United States incurred expenses in excess of $1,100,000,000 to support operations in Somalia.

"(b) The Congress approves the use of United States Armed Forces in Somalia for the following purposes:

"(1) The protection of United States personnel and bases; and

"(2) The provision of assistance in securing open lines of communication for the free flow of supplies and relief operations through the provision of—

"(A) United States military logistical support services to United Nations forces; and

"(B) United States combat forces in a security role and as an interim force protection supplement to United Nations units: Provided, That funds appropriated, or otherwise made available, in this or any other Act to the Department of Defense may be obligated for expenses incurred only through March 31, 1994, for the operations of United States Armed Forces in Somalia: Provided further, That such date may be extended if so requested by the President and authorized by the Congress: Provided further, That funds may be obligated beyond March 31, 1994 to support a limited number of United States military personnel sufficient only to protect American diplomatic facilities and American citizens, and noncombat personnel to advise the United Nations commander in Somalia: Provided further, That United States combat forces in Somalia shall be under the command and control of United States commanders under the ultimate direction of the President of the United States: Provided further, That the President should intensify efforts to have United Nations member countries immediately deploy additional troops to Somalia to fulfill previous force commitments made to the United Nations and to deploy additional forces to assume the security missions of United States Armed Forces: Provided further, That—

"(i) captured United States personnel in Somalia should be treated humanely and fairly; and

"(ii) the United States and the United Nations should make all appropriate efforts to ensure the immediate and safe return of any future captured United States personnel: Provided further, That the President should ensure that, at all times, United States military personnel in Somalia have the capacity to defend themselves, and American citizens: Provided further, That the United States Armed Forces should remain deployed in or around Somalia until such time as all American service personnel missing in action in Somalia are accounted for, and all American service personnel held prisoner in Somalia are released: Provided further, That nothing herein shall be deemed to restrict in any way the authority of the President under the Constitution to protect the lives of Americans."

Authorization for Use of Military Force Against Iraq Resolution

Pub. L. 102–1, Jan. 14, 1991, 105 Stat. 3, as amended by Pub. L. 106–113, div. B, §1000(a)(7) [div. A, title II, §207], Nov. 29, 1999, 113 Stat. 1536, 1501A-422, provided that:

"Whereas the Government of Iraq without provocation invaded and occupied the territory of Kuwait on August 2, 1990;

"Whereas both the House of Representatives (in H.J. Res. 658 of the 101st Congress) and the Senate (in S. Con. Res. 147 of the 101st Congress) have condemned Iraq's invasion of Kuwait and declared their support for international action to reverse Iraq's aggression;

"Whereas, Iraq's conventional, chemical, biological, and nuclear weapons and ballistic missile programs and its demonstrated willingness to use weapons of mass destruction pose a grave threat to world peace;

"Whereas the international community has demanded that Iraq withdraw unconditionally and immediately from Kuwait and that Kuwait's independence and legitimate government be restored;

"Whereas the United Nations Security Council repeatedly affirmed the inherent right of individual or collective self-defense in response to the armed attack by Iraq against Kuwait in accordance with Article 51 of the United Nations Charter;

"Whereas, in the absence of full compliance by Iraq with its resolutions, the United Nations Security Council in Resolution 678 has authorized member states of the United Nations to use all necessary means, after January 15, 1991, to uphold and implement all relevant Security Council resolutions and to restore international peace and security in the area; and

"Whereas Iraq has persisted in its illegal occupation of, and brutal aggression against Kuwait: Now, therefore, be it

"Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

"SECTION 1. SHORT TITLE.

"This joint resolution may be cited as the 'Authorization for Use of Military Force Against Iraq Resolution'.

"SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

"(a) Authorization.—The President is authorized, subject to subsection (b), to use United States Armed Forces pursuant to United Nations Security Council Resolution 678 (1990) in order to achieve implementation of Security Council Resolutions 660, 661, 662, 664, 665, 666, 667, 669, 670, 674, and 677.

"(b) Requirement for Determination That Use of Military Force Is Necessary.—Before exercising the authority granted in subsection (a), the President shall make available to the Speaker of the House of Representatives and the President pro tempore of the Senate his determination that—

"(1) the United States has used all appropriate diplomatic and other peaceful means to obtain compliance by Iraq with the United Nations Security Council resolutions cited in subsection (a); and

"(2) that those efforts have not been and would not be successful in obtaining such compliance.

"(c) War Powers Resolution Requirements.—

"(1) Specific statutory authorization.—Consistent with section 8(a)(1) of the War Powers Resolution [50 U.S.C. 1547(a)(1)], the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution [50 U.S.C. 1544(b)].

"(2) Applicability of other requirements.—Nothing in this resolution supersedes any requirement of the War Powers Resolution [50 U.S.C. 1541 et seq.].

"SEC. 3. REPORTS TO CONGRESS.

"At least once every 90 days, the President shall submit to the Congress a summary on the status of efforts to obtain compliance by Iraq with the resolutions adopted by the United Nations Security Council in response to Iraq's aggression."

Introduction of United States Armed Forces Into Central America for Combat

Pub. L. 98–525, title III, §310, Oct. 19, 1984, 98 Stat. 2516, provided that:

"(a) The Congress makes the following findings:

"(1) The President has stated that there is no need to introduce United States Armed Forces into Central America for combat and that he has no intention of doing so.

"(2) The President of El Salvador has stated that there is no need for United States Armed Forces to conduct combat operations in El Salvador and that he has no intention of asking that they do so.

"(3) The possibility of the introduction of United States Armed Forces into Central America for combat raises very grave concern in the Congress and the American people.

"(b) It is the sense of Congress that—

"(1) United States Armed Forces should not be introduced into or over the countries of Central America for combat; and

"(2) if circumstances change from those present on the date of the enactment of this Act and the President believes that those changed circumstances require the introduction of United States Armed Forces into or over a country of Central America for combat, the President should consult with Congress before any decision to so introduce United States Armed Forces and any such introduction of United States Armed Forces must comply with the War Powers Resolution [this chapter]."

Pub. L. 98–473, title I, §101(h) [title VIII, §8101], Oct. 12, 1984, 98 Stat. 1904, 1942, provided that:

"(a) The Congress makes the following findings:

"(1) The President has stated that there is no need to introduce United States Armed Forces into Central America for combat and that he has no intention of doing so.

"(2) The President of El Salvador has stated that there is no need for United States Armed Forces to conduct combat operations in El Salvador and that he has no intention of asking that they do so.

"(3) The possibility of the introduction of United States Armed Forces into Central America for combat raises very grave concern in the Congress and the American people.

"(b) It is the sense of Congress that—

"(1) United States Armed Forces should not be introduced into or over the countries of Central America for combat; and

"(2) if circumstances change from those present on the date of the enactment of this Act [Oct. 12, 1984] and the President believes that those changed circumstances require the introduction of United States Armed Forces into or over a country of Central America for combat, the President should consult with Congress before any decision to so introduce United States Armed Forces and any such introduction of United States Armed Forces must comply with the War Powers Resolution [this chapter]."

Multinational Force in Lebanon Resolution

Pub. L. 98–119, Oct. 12, 1983, 97 Stat. 805, provided that:

"short title

"Section 1. This joint resolution may be cited as the 'Multinational Force in Lebanon Resolution'.

"findings and purpose

"Sec. 2. (a) The Congress finds that—

"(1) the removal of all foreign forces from Lebanon is an essential United States foreign policy objective in the Middle East;

"(2) in order to restore full control by the Government of Lebanon over its own territory, the United States is currently participating in the multinational peacekeeping force (hereafter in this resolution referred to as the 'Multinational Force in Lebanon') which was established in accordance with the exchange of letters between the Governments of the United States and Lebanon dated September 25, 1982;

"(3) the Multinational Force in Lebanon better enables the Government of Lebanon to establish its unity, independence, and territorial integrity;

"(4) progress toward national political reconciliation in Lebanon is necessary; and

"(5) United States Armed Forces participating in the Multinational Force in Lebanon are now in hostilities requiring authorization of their continued presence under the War Powers Resolution [50 U.S.C. 1541 et seq.].

"(b) The Congress determines that the requirements of section 4(a)(1) of the War Powers Resolution [50 U.S.C. 1543(a)(1)] became operative on August 29, 1983. Consistent with section 5(b) of the War Powers Resolution [50 U.S.C. 1544(b)], the purpose of this joint resolution is to authorize the continued participation of United States Armed Forces in the Multinational Force in Lebanon.

"(c) The Congress intends this joint resolution to constitute the necessary specific statutory authorization under the War Powers Resolution for continued participation by United States Armed Forces in the Multinational Force in Lebanon.

"authorization for continued participation of united states armed forces in the multinational force in lebanon

"Sec. 3. The President is authorized, for purposes of section 5(b) of the War Powers Resolution [50 U.S.C. 1544(b)], to continue participation by United States Armed Forces in the Multinational Force in Lebanon, subject to the provisions of section 6 of this joint resolution. Such participation shall be limited to performance of the functions, and shall be subject to the limitations, specified in the agreement establishing the Multinational Force in Lebanon as set forth in the exchange of letters between the Governments of the United States and Lebanon dated September 25, 1982, except that this shall not preclude such protective measures as may be necessary to ensure the safety of the Multinational Force in Lebanon.

"reports to the congress

"Sec. 4. As required by section 4(c) of the War Powers Resolution [50 U.S.C. 1543(c)], the President shall report periodically to the Congress with respect to the situation in Lebanon, but in no event shall he report less often than once every three months. In addition to providing the information required by that section on the status, scope, and duration of hostilities involving United States Armed Forces, such reports shall describe in detail—

"(1) the activities being performed by the Multinational Force in Lebanon;

"(2) the present composition of the Multinational Force in Lebanon, including a description of the responsibilities and deployment of the armed forces of each participating country;

"(3) the results of efforts to reduce and eventually eliminate the Multinational Force in Lebanon;

"(4) how continued United States participation in the Multinational Force in Lebanon is advancing United States foreign policy interests in the Middle East; and

"(5) what progress has occurred toward national political reconciliation among all Lebanese groups.

"statements of policy

"Sec. 5. (a) The Congress declares that the participation of the armed forces of other countries in the Multinational Force in Lebanon is essential to maintain the international character of the peacekeeping function in Lebanon.

"(b) The Congress believes that it should continue to be the policy of the United States to promote continuing discussions with Israel, Syria, and Lebanon with the objective of bringing about the withdrawal of all foreign troops from Lebanon and establishing an environment which will permit the Lebanese Armed Forces to carry out their responsibilities in the Beirut area.

"(c) It is the sense of the Congress that, not later than one year after the date of enactment of this joint resolution [Oct. 12, 1983] and at least once a year thereafter, the United States should discuss with the other members of the Security Council of the United Nations the establishment of a United Nations peacekeeping force to assume the responsibilities of the Multinational Force in Lebanon. An analysis of the implications of the response to such discussions for the continuation of the Multinational Force in Lebanon shall be included in the reports required under paragraph (3) of section 4 of this resolution.

"duration of authorization for united states participation in the multinational force in lebanon

"Sec. 6. The participation of United States Armed Forces in the Multinational Force in Lebanon shall be authorized for purposes of the War Powers Resolution [50 U.S.C. 1541 et seq.] until the end of the eighteen-month period beginning on the date of enactment of this resolution [Oct. 12, 1983] unless the Congress extends such authorization, except that such authorization shall terminate sooner upon the occurrence of any one of the following:

"(1) the withdrawal of all foreign forces from Lebanon, unless the President determines and certifies to the Congress that continued United States Armed Forces participation in the Multinational Force in Lebanon is required after such withdrawal in order to accomplish the purposes specified in the September 25, 1982, exchange of letters providing for the establishment of the Multinational Force in Lebanon; or

"(2) the assumption by the United Nations or the Government of Lebanon of the responsibilities of the Multinational Force in Lebanon; or

"(3) the implementation of other effective security arrangements in the area; or

"(4) the withdrawal of all other countries from participation in the Multinational Force in Lebanon.

"interpretation of this resolution

"Sec. 7. (a) Nothing in this joint resolution shall preclude the President from withdrawing United States Armed Forces participation in the Multinational Force in Lebanon if circumstances warrant, and nothing in this joint resolution shall preclude the Congress by joint resolution from directing such a withdrawal.

"(b) Nothing in this joint resolution modifies, limits, or supersedes any provision of the War Powers Resolution [50 U.S.C. 1541 et seq.] or the requirement of section 4(a) of the Lebanon Emergency Assistance Act of 1983, relating to congressional authorization for any substantial expansion in the number or role of United States Armed Forces in Lebanon.

"congressional priority procedures for amendments

"Sec. 8. (a) Any joint resolution or bill introduced to amend or repeal this Act shall be referred to the Committee on Foreign Affairs of the House of Representatives or the Committee on Foreign Relations of the Senate, as the case may be. Such joint resolution or bill shall be considered by such committee within fifteen calendar days and may be reported out, together with its recommendations, unless such House shall otherwise determine pursuant to its rules.

"(b) Any joint resolution or bill so reported shall become the pending business of the House in question (in the case of the Senate the time for debate shall be equally divided between the proponents and the opponents) and shall be voted on within three calendar days thereafter, unless such House shall otherwise determine by the yeas and nays.

"(c) Such a joint resolution or bill passed by one House shall be referred to the committee of the other House named in subsection (a) and shall be reported out by such committee together with its recommendations within fifteen calendar days and shall thereupon become the pending business of such House and shall be voted upon within three calendar days, unless such House shall otherwise determine by the yeas and nays.

"(d) In the case of any disagreement between the two Houses of Congress with respect to a joint resolution or bill passed by both Houses, conferees shall be promptly appointed and the committee of conference shall make and file a report with respect to such joint resolution within six calendar days after the legislation is referred to the committee of conference. Notwithstanding any rule in either House concerning the printing of conference reports in the Record or concerning any delay in the consideration of such reports, such report shall be acted on by both Houses not later than six calendar days after the conference report is filed. In the event the conferees are unable to agree within forty-eight hours, they shall report back to their respective Houses in disagreement."

Adherence to War Powers Resolution

Pub. L. 96–342, title X, §1008, Sept. 8, 1980, 94 Stat. 1122, provided that: "Whereas, the National Command Authority must have the capacity to carry out any military mission which is essential to the national security of the United States having in its hands in the Rapid Deployment Force an increased capability to extend the reach of our military power in an expedited manner; and whereas, without the significant safeguard of the War Powers Resolution (Public Law 93–148) [this chapter], United States foreign and defense policies could be subject to misinterpretation; it is therefore the sense of the Congress that the provisions of the War Powers Resolution be strictly adhered to and that the congressional consultation process specified by such Resolution be utilized strictly according to the terms of the War Powers Resolution."

Executive Documents

Delegation of Certain Reporting Authority

Memorandum of President of the United States, July 2, 2004, 69 F.R. 43723, provided:

Memorandum for the Secretary of State

By the authority vested in me as President by the Constitution and laws of the United States, including section 301 of title 3, United States Code, I hereby delegate to you the functions and authority conferred upon the President by section 4 of the Authorization for Use of Military Force Against Iraq Resolution of 2002, Public Law 107–243 [set out in a note above], and by section 3 of the Authorization for Use of Military Force Against Iraq Resolution, Public Law 102–1 [set out in a note above], to make the specified reports to the Congress.

You are authorized and directed to publish this memorandum in the Federal Register.

George W. Bush.      

§1542. Consultation; initial and regular consultations

The President in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and after every such introduction shall consult regularly with the Congress until United States Armed Forces are no longer engaged in hostilities or have been removed from such situations.

(Pub. L. 93–148, §3, Nov. 7, 1973, 87 Stat. 555.)

§1543. Reporting requirement

(a) Written report; time of submission; circumstances necessitating submission; information reported

In the absence of a declaration of war, in any case in which United States Armed Forces are introduced—

(1) into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances;

(2) into the territory, airspace or waters of a foreign nation, while equipped for combat, except for deployments which relate solely to supply, replacement, repair, or training of such forces; or

(3) in numbers which substantially enlarge United States Armed Forces equipped for combat already located in a foreign nation;

the President shall submit within 48 hours to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, setting forth—

(A) the circumstances necessitating the introduction of United States Armed Forces;

(B) the constitutional and legislative authority under which such introduction took place; and

(C) the estimated scope and duration of the hostilities or involvement.

(b) Other information reported

The President shall provide such other information as the Congress may request in the fulfillment of its constitutional responsibilities with respect to committing the Nation to war and to the use of United States Armed Forces abroad.

(c) Periodic reports; semiannual requirement

Whenever United States Armed Forces are introduced into hostilities or into any situation described in subsection (a) of this section, the President shall, so long as such armed forces continue to be engaged in such hostilities or situation, report to the Congress periodically on the status of such hostilities or situation as well as on the scope and duration of such hostilities or situation, but in no event shall he report to the Congress less often than once every six months.

(Pub. L. 93–148, §4, Nov. 7, 1973, 87 Stat. 555.)

§1543a. Report on hostilities involving United States Armed Forces

(a) In general

Not later than 48 hours after any incident in which the United States Armed Forces are involved in an attack or hostilities, whether in an offensive or defensive capacity, the President shall transmit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on the incident, unless the President—

(1) otherwise reports the incident within 48 hours pursuant to section 1543 of this title; or

(2) has determined prior to the incident, and so reported pursuant to section 1549 of this title, that the United States Armed Forces involved in the incident would be operating under specific statutory authorization within the meaning of section 1544(b) of this title.

(b) Matters to be included

Each report required by subsection (a) shall include—

(1) the authority or authorities under which the United States Armed Forces were operating when the incident occurred;

(2) the date, location, and duration of the incident and the other parties involved;

(3) a description of the United States Armed Forces involved in the incident and the mission of such Armed Forces;

(4) the numbers of any combatant casualties and civilian casualties that occurred as a result of the incident; and

(5) any other information the President determines appropriate.

(Pub. L. 118–31, div. A, title XII, §1230, Dec. 22, 2023, 137 Stat. 457.)

Editorial Notes

Codification

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2024, and not as part of the War Powers Resolution which comprises this chapter.

Statutory Notes and Related Subsidiaries

"Congressional Defense Committees" Defined

Congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of Pub. L. 118–31, 137 Stat. 164. See note under section 101 of Title 10, Armed Forces.

Executive Documents

Delegation of Authority Under Section 1230 of the National Defense Authorization Act for Fiscal Year 2024

Memorandum of President of the United States, Feb. 16, 2024, 89 F.R. 13261, provided:

Memorandum for the Secretary of State[,] the Secretary of Defense[, and] the Attorney General

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of Defense, in consultation with the Secretary of State and, as appropriate, the Attorney General, the authority to transmit to certain congressional committees the report required by section 1230 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) [50 U.S.C. 1543a].

The delegation in this memorandum shall apply to any provision of any future public law that is the same or substantially the same as the provision referenced in this memorandum.

The Secretary of Defense is authorized and directed to publish this memorandum in the Federal Register.

J.R. Biden, Jr.      

§1544. Congressional action

(a) Transmittal of report and referral to Congressional committees; joint request for convening Congress

Each report submitted pursuant to section 1543(a)(1) of this title shall be transmitted to the Speaker of the House of Representatives and to the President pro tempore of the Senate on the same calendar day. Each report so transmitted shall be referred to the Committee on Foreign Affairs of the House of Representatives and to the Committee on Foreign Relations of the Senate for appropriate action. If, when the report is transmitted, the Congress has adjourned sine die or has adjourned for any period in excess of three calendar days, the Speaker of the House of Representatives and the President pro tempore of the Senate, if they deem it advisable (or if petitioned by at least 30 percent of the membership of their respective Houses) shall jointly request the President to convene Congress in order that it may consider the report and take appropriate action pursuant to this section.

(b) Termination of use of United States Armed Forces; exceptions; extension period

Within sixty calendar days after a report is submitted or is required to be submitted pursuant to section 1543(a)(1) of this title, whichever is earlier, the President shall terminate any use of United States Armed Forces with respect to which such report was submitted (or required to be submitted), unless the Congress (1) has declared war or has enacted a specific authorization for such use of United States Armed Forces, (2) has extended by law such sixty-day period, or (3) is physically unable to meet as a result of an armed attack upon the United States. Such sixty-day period shall be extended for not more than an additional thirty days if the President determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces.

(c) Concurrent resolution for removal by President of United States Armed Forces

Notwithstanding subsection (b), at any time that United States Armed Forces are engaged in hostilities outside the territory of the United States, its possessions and territories without a declaration of war or specific statutory authorization, such forces shall be removed by the President if the Congress so directs by concurrent resolution.

(Pub. L. 93–148, §5, Nov. 7, 1973, 87 Stat. 556.)

§1545. Congressional priority procedures for joint resolution or bill

(a) Time requirement; referral to Congressional committee; single report

Any joint resolution or bill introduced pursuant to section 1544(b) of this title at least thirty calendar days before the expiration of the sixty-day period specified in such section shall be referred to the Committee on Foreign Affairs of the House of Representatives or the Committee on Foreign Relations of the Senate, as the case may be, and such committee shall report one such joint resolution or bill, together with its recommendations, not later than twenty-four calendar days before the expiration of the sixty-day period specified in such section, unless such House shall otherwise determine by the yeas and nays.

(b) Pending business; vote

Any joint resolution or bill so reported shall become the pending business of the House in question (in the case of the Senate the time for debate shall be equally divided between the proponents and the opponents), and shall be voted on within three calendar days thereafter, unless such House shall otherwise determine by yeas and nays.

(c) Referral to other House committee

Such a joint resolution or bill passed by one House shall be referred to the committee of the other House named in subsection (a) and shall be reported out not later than fourteen calendar days before the expiration of the sixty-day period specified in section 1544(b) of this title. The joint resolution or bill so reported shall become the pending business of the House in question and shall be voted on within three calendar days after it has been reported, unless such House shall otherwise determine by yeas and nays.

(d) Disagreement between Houses

In the case of any disagreement between the two Houses of Congress with respect to a joint resolution or bill passed by both Houses, conferees shall be promptly appointed and the committee of conference shall make and file a report with respect to such resolution or bill not later than four calendar days before the expiration of the sixty-day period specified in section 1544(b) of this title. In the event the conferees are unable to agree within 48 hours, they shall report back to their respective Houses in disagreement. Notwithstanding any rule in either House concerning the printing of conference reports in the Record or concerning any delay in the consideration of such reports, such report shall be acted on by both Houses not later than the expiration of such sixty-day period.

(Pub. L. 93–148, §6, Nov. 7, 1973, 87 Stat. 557.)

§1546. Congressional priority procedures for concurrent resolution

(a) Referral to Congressional committee; single report

Any concurrent resolution introduced pursuant to section 1544(c) of this title shall be referred to the Committee on Foreign Affairs of the House of Representatives or the Committee on Foreign Relations of the Senate, as the case may be, and one such concurrent resolution shall be reported out by such committee together with its recommendations within fifteen calendar days, unless such House shall otherwise determine by the yeas and nays.

(b) Pending business; vote

Any concurrent resolution so reported shall become the pending business of the House in question (in the case of the Senate the time for debate shall be equally divided between the proponents and the opponents) and shall be voted on within three calendar days thereafter, unless such House shall otherwise determine by yeas and nays.

(c) Referral to other House committee

Such a concurrent resolution passed by one House shall be referred to the committee of the other House named in subsection (a) and shall be reported out by such committee together with its recommendations within fifteen calendar days and shall thereupon become the pending business of such House and shall be voted upon within three calendar days, unless such House shall otherwise determine by yeas and nays.

(d) Disagreement between Houses

In the case of any disagreement between the two Houses of Congress with respect to a concurrent resolution passed by both Houses, conferees shall be promptly appointed and the committee of conference shall make and file a report with respect to such concurrent resolution within six calendar days after the legislation is referred to the committee of conference. Notwithstanding any rule in either House concerning the printing of conference reports in the Record or concerning any delay in the consideration of such reports, such report shall be acted on by both Houses not later than six calendar days after the conference report is filed. In the event the conferees are unable to agree within 48 hours, they shall report back to their respective Houses in disagreement.

(Pub. L. 93–148, §7, Nov. 7, 1973, 87 Stat. 557.)

§1546a. Expedited procedures for certain joint resolutions and bills

Any joint resolution or bill introduced in either House which requires the removal of United States Armed Forces engaged in hostilities outside the territory of the United States, its possessions and territories, without a declaration of war or specific statutory authorization shall be considered in accordance with the procedures of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, except that any such resolution or bill shall be amendable. If such a joint resolution or bill should be vetoed by the President, the time for debate in consideration of the veto message on such measure shall be limited to twenty hours in the Senate and in the House shall be determined in accordance with the Rules of the House.

(Pub. L. 98–164, title X, §1013, Nov. 22, 1983, 97 Stat. 1062.)

Editorial Notes

References in Text

Section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, referred to in text, is section 601(b) of Pub. L. 94–329, title VI, June 30, 1976, 90 Stat. 765, which was not classified to the Code.

Codification

Section was enacted as part of the Department of State Authorization Act, Fiscal Years 1984 and 1985, and not as part of the War Powers Resolution which comprises this chapter.

§1547. Interpretation of joint resolution

(a) Inferences from any law or treaty

Authority to introduce United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances shall not be inferred—

(1) from any provision of law (whether or not in effect before November 7, 1973), including any provision contained in any appropriation Act, unless such provision specifically authorizes the introduction of United States Armed Forces into hostilities or into such situations and states that it is intended to constitute specific statutory authorization within the meaning of this chapter; or

(2) from any treaty heretofore or hereafter ratified unless such treaty is implemented by legislation specifically authorizing the introduction of United States Armed Forces into hostilities or into such situations and stating that it is intended to constitute specific statutory authorization within the meaning of this chapter.

(b) Joint headquarters operations of high-level military commands

Nothing in this chapter shall be construed to require any further specific statutory authorization to permit members of United States Armed Forces to participate jointly with members of the armed forces of one or more foreign countries in the headquarters operations of high-level military commands which were established prior to November 7, 1973, and pursuant to the United Nations Charter or any treaty ratified by the United States prior to such date.

(c) Introduction of United States Armed Forces

For purposes of this chapter, the term "introduction of United States Armed Forces" includes the assignment of members of such armed forces to command, coordinate, participate in the movement of, or accompany the regular or irregular military forces of any foreign country or government when such military forces are engaged, or there exists an imminent threat that such forces will become engaged, in hostilities.

(d) Constitutional authorities or existing treaties unaffected; construction against grant of Presidential authority respecting use of United States Armed Forces

Nothing in this chapter—

(1) is intended to alter the constitutional authority of the Congress or of the President, or the provisions of existing treaties; or

(2) shall be construed as granting any authority to the President with respect to the introduction of United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances which authority he would not have had in the absence of this chapter.

(Pub. L. 93–148, §8, Nov. 7, 1973, 87 Stat. 558.)

§1548. Separability

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to any other person or circumstance shall not be affected thereby.

(Pub. L. 93–148, §9, Nov. 7, 1973, 87 Stat. 559.)

§1549. Report on and notice of changes made to the legal and policy frameworks for the United States' use of military force and related national security operations

(a) Annual report

(1) In general

Not later than March 1 of each year, the President shall submit to the appropriate congressional committees a report on the legal and policy frameworks for the United States' use of military force and related national security operations.

(2) Matters to be included

The report required by paragraph (1) shall include the legal, factual, and policy justifications for any changes made to such legal and policy frameworks from the preceding year, including—

(A) a list of all foreign forces, irregular forces, groups, or individuals for which a determination has been made that force could legally be used under the Authorization for Use of Military Force (Public Law 107–40), including—

(i) the legal and factual basis for such determination; and

(ii) a description of whether force has been used against each such foreign force, irregular force, group, or individual; and

(B) the criteria and any changes to the criteria for designating a foreign force, irregular force, group, or individual as lawfully targetable, as a high value target, and as formally or functionally a member of a group covered under the Authorization for Use of Military Force.

(b) Notice required

Not later than 30 days after the date on which a change is made to the legal and policy frameworks described in subsection (a)(1), the President shall notify the appropriate congressional committees of such change, including the legal, factual, and policy justification for such change.

(c) Form

The report required by subsection (a) and each notice required by subsection (b) shall be submitted in unclassified form, but may contain a classified annex. The unclassified portion of each report shall, at a minimum, include each change made to the legal and policy frameworks during the preceding year and the legal, factual, and policy justifications for such changes, and shall be made available to the public at the same time it is submitted to the appropriate congressional committees.

(d) Appropriate congressional committees defined

In this section, the term "appropriate congressional committees" means—

(1) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and

(2) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.

(Pub. L. 115–91, div. A, title XII, §1264, Dec. 12, 2017, 131 Stat. 1689; Pub. L. 116–92, div. A, title XII, §1261, Dec. 20, 2019, 133 Stat. 1689.)

Editorial Notes

References in Text

The Authorization for Use of Military Force, referred to in subsec. (a)(2)(A), is Pub. L. 107–40, Sept. 18, 2001, 115 Stat. 224, which is set out as a note under section 1541 of this title.

Codification

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2018, and not as part of the War Powers Resolution which comprises this chapter.

Amendments

2019—Subsec. (a). Pub. L. 116–92, §1261(1), substituted "Annual" for "Initial" in heading.

Subsec. (a)(1). Pub. L. 116–92, §1261(2), substituted "March 1 of each year" for "90 days after December 12, 2017".

Subsec. (a)(2). Pub. L. 116–92, §1261(3), substituted "from the preceding year, including—" and subpars. (A) and (B) for "during the period beginning on January 20, 2017, and ending on the date the report is submitted."

Subsec. (c). Pub. L. 116–92, §1261(4), inserted at end "The unclassified portion of each report shall, at a minimum, include each change made to the legal and policy frameworks during the preceding year and the legal, factual, and policy justifications for such changes, and shall be made available to the public at the same time it is submitted to the appropriate congressional committees."

§1550. Reports and briefings on use of military force and support of partner forces

(a) In general

Not later than 180 days after December 20, 2019, and every 180 days thereafter, the President shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on actions taken pursuant to the Authorization for Use of Military Force (Public Law 107–40) against those countries or organizations described in such law, as well as any actions taken to command, coordinate, participate in the movement of, or accompany the regular or irregular military forces of any foreign country or government when such forces are engaged in hostilities or in situations where imminent involvement in hostilities is clearly indicated by the circumstances, during the preceding 180-day period.

(b) Matters to be included

The report required by subsection (a) shall include, with respect to the time period for which the report was submitted, the following:

(1) A list of each country or organization with respect to which force has been used pursuant to the Authorization for Use of Military Force, including the legal and factual basis for the determination that authority under such law applies with respect to each such country or organization.

(2) An intelligence assessment of the risk to the United States posed by each such country or organization.

(3) A list of each country in which operations were conducted pursuant to such law and a description of the circumstances necessitating the use of force pursuant to such law, including whether the country is designated as an area of active hostilities.

(4) A general description of the status of operations conducted pursuant to such law as well as a description of the expected scope and duration of such operations.

(5) A list of each partner force and country with respect to which United States Armed Forces have commanded, coordinated, participated in the movement of, or accompanied the regular or irregular forces of any foreign country or government that have engaged in hostilities or there existed an imminent threat that such forces would become engaged in hostilities, including—

(A) a delineation of any such instances in which such United States Armed Forces were or were not operating under the Authorization for Use of Military Force; and

(B) a determination of whether the foreign forces, irregular forces, groups, or individuals against which such hostilities occurred are covered by such law.

(6) A description of the actual and proposed contributions, including financing, equipment, training, troops, and logistical support, provided by each foreign country that participates in any international coalition with the United States to combat a country or organization described in the Authorization for Use of Military Force.

(c) Form

The information required under paragraphs (1) and (2) of subsection (b) shall be submitted in unclassified form.

(d) Other reports

If United States Armed Forces are introduced into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, against any country, organization, or person pursuant to statutory or constitutional authorities other than Authorization for Use of Military Force, the President shall comply with the reporting requirements under—

(1) this section to the same extent and in the same manner as if such actions had been taken under Authorization for Use of Military Force;

(2) the War Powers Resolution (50 U.S.C. 1541 et seq.); and

(3) any other applicable provision of law.

(e) Briefings

At least once during each 180-day period described in subsection (a), the President shall provide to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a briefing on the matters covered by the report required under this section for such period.

(Pub. L. 116–92, div. A, title XII, §1285, Dec. 20, 2019, 133 Stat. 1709.)

Editorial Notes

References in Text

The Authorization for Use of Military Force, referred to in text, is Pub. L. 107–40, Sept. 18, 2001, 115 Stat. 224, which is set out as a note under section 1541 of this title.

The War Powers Resolution, referred to in subsec. (d)(2), is Pub. L. 93–148, Nov. 7, 1973, 87 Stat. 555, which is classified generally to this chapter. For complete classification of this Resolution to the Code, see Short Title note set out under section 1541 of this title and Tables.

Codification

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2020, and not as part of the War Powers Resolution which comprises this chapter.

Statutory Notes and Related Subsidiaries

"Congressional Defense Committees" Defined

Congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of Pub. L. 116–92, 133 Stat. 1231. See note under section 101 of Title 10, Armed Forces.

Executive Documents

Delegation of Authority Under Section 1285 of the National Defense Authorization Act for Fiscal Year 2020

Memorandum of President of the United States, July 19, 2021, 86 F.R. 39939, provided:

Memorandum for the Secretary of Defense

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of Defense the authority and functions vested in the President by section 1285(a) through (e) of Public Law 116–92 [50 U.S.C. 1550(a) to (e)] on the use of military force and support of partner forces to the Congress.

You are authorized and directed to publish this memorandum in the Federal Register.

J.R. Biden, Jr.      

CHAPTER 34—NATIONAL EMERGENCIES

SUBCHAPTER I—TERMINATING EXISTING DECLARED EMERGENCIES

        

SUBCHAPTER II—DECLARATIONS OF FUTURE NATIONAL EMERGENCIES

        

SUBCHAPTER III—EXERCISE OF EMERGENCY POWERS AND AUTHORITIES

        

SUBCHAPTER IV—ACCOUNTABILITY AND REPORTING REQUIREMENTS OF PRESIDENT

        

SUBCHAPTER V—APPLICATION TO POWERS AND AUTHORITIES OF OTHER PROVISIONS OF LAW AND ACTIONS TAKEN THEREUNDER

        

SUBCHAPTER I—TERMINATING EXISTING DECLARED EMERGENCIES

§1601. Termination of existing declared emergencies

(a) All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency, as defined in section 105 of title 5, as a result of the existence of any declaration of national emergency in effect on September 14, 1976, are terminated two years from September 14, 1976. Such termination shall not affect—

(1) any action taken or proceeding pending not finally concluded or determined on such date;

(2) any action or proceeding based on any act committed prior to such date; or

(3) any rights or duties that matured or penalties that were incurred prior to such date.

(b) For the purpose of this section, the words "any national emergency in effect" means a general declaration of emergency made by the President.

(Pub. L. 94–412, title I, §101, Sept. 14, 1976, 90 Stat. 1255.)

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 94–412, §1, Sept. 14, 1976, 90 Stat. 1255, provided: "That this Act [enacting this chapter, amending section 1481 of Title 8, Aliens and Nationality, and section 2667 of Title 10, Armed Forces, repealing section 249 of Title 12, Banks and Banking, section 831d of Title 16, Conservation, section 1383 of Title 18, Crimes and Criminal Procedure, section 211b of Title 42, The Public Health and Welfare, and section 1742 of the former Appendix to this title, and enacting provisions set out below] may be cited as the 'National Emergencies Act'."

Savings Provision

Pub. L. 94–412, title V, §501(h), Sept. 14, 1976, 90 Stat. 1258, provided that: "This section [amending section 1481 of Title 8, Aliens and Nationality and section 2667 of Title 10, Armed Forces, and repealing section 249 of Title 12, Banks and Banking, section 831d of Title 16, Conservation, section 1383 of Title 18, Crimes and Criminal Procedure, and section 211b of Title 42, The Public Health and Welfare] shall not affect—

"(1) any action taken or proceeding pending not finally concluded or determined at the time of repeal;

"(2) any action or proceeding based on any act committed prior to repeal; or

"(3) any rights or duties that matured or penalties that were incurred prior to repeal."

SUBCHAPTER II—DECLARATIONS OF FUTURE NATIONAL EMERGENCIES

§1621. Declaration of national emergency by President; publication in Federal Register; effect on other laws; superseding legislation

(a) With respect to Acts of Congress authorizing the exercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such national emergency. Such proclamation shall immediately be transmitted to the Congress and published in the Federal Register.

(b) Any provisions of law conferring powers and authorities to be exercised during a national emergency shall be effective and remain in effect (1) only when the President (in accordance with subsection (a) of this section), specifically declares a national emergency, and (2) only in accordance with this chapter. No law enacted after September 14, 1976, shall supersede this subchapter unless it does so in specific terms, referring to this subchapter, and declaring that the new law supersedes the provisions of this subchapter.

(Pub. L. 94–412, title II, §201, Sept. 14, 1976, 90 Stat. 1255.)

Statutory Notes and Related Subsidiaries

Termination of National Emergency Concerning COVID–19

Pub. L. 118–3, Apr. 10, 2023, 137 Stat. 6, provided: "That, pursuant to section 202 of the National Emergencies Act (50 U.S.C. 1622), the national emergency declared by the finding of the President on March 13, 2020, in Proclamation 9994 (85 Fed. Reg. 15337) [set out below] is hereby terminated."

Executive Documents

Proc. No. 7463. Declaration of National Emergency by Reason of Certain Terrorist Attacks

Proc. No. 7463, Sept. 14, 2001, 66 F.R. 48199, provided:

A national emergency exists by reason of the terrorist attacks at the World Trade Center, New York, New York, and the Pentagon, and the continuing and immediate threat of further attacks on the United States.

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me as President by the Constitution and the laws of the United States, I hereby declare that the national emergency has existed since September 11, 2001, and, pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.), I intend to utilize the following statutes: sections 123, 123a, 527, 2201(c), 12006, and 12302 of title 10, United States Code, and sections 331, 359, and 367 [now 2127, 2308, and 2314] of title 14, United States Code.

This proclamation immediately shall be published in the Federal Register or disseminated through the Emergency Federal Register, and transmitted to the Congress.

This proclamation is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.

IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of September, in the year of our Lord two thousand one, and of the Independence of the United States of America the two hundred and twenty-sixth.

George W. Bush.      

Continuation of National Emergency Declared by Proc. No. 7463

Notice of President of the United States, dated Sept. 7, 2023, 88 F.R. 62433, provided:

Consistent with section 202(d) of the National Emergencies Act, 50 U.S.C. 1622(d), I am continuing for 1 year the national emergency previously declared on September 14, 2001, in Proclamation 7463, with respect to the terrorist attacks of September 11, 2001, and the continuing and immediate threat of further attacks on the United States.

Because the terrorist threat continues, the national emergency declared on September 14, 2001, and the powers and authorities adopted to deal with that emergency must continue in effect beyond September 14, 2023. Therefore, I am continuing in effect for an additional year the national emergency that was declared on September 14, 2001, with respect to the terrorist threat.

This notice shall be published in the Federal Register and transmitted to the Congress.

J.R. Biden, Jr.      

Prior continuations of national emergency declared by Proc. No. 7463 were contained in the following:

Notice of President of the United States, dated Sept. 9, 2022, 87 F.R. 55897.

Notice of President of the United States, dated Sept. 9, 2021, 86 F.R. 50835.

Notice of President of the United States, dated Sept. 10, 2020, 85 F.R. 56467.

Notice of President of the United States, dated Sept. 12, 2019, 84 F.R. 48545.

Notice of President of the United States, dated Sept. 10, 2018, 83 F.R. 46067.

Notice of President of the United States, dated Sept. 11, 2017, 82 F.R. 43153.

Notice of President of the United States, dated Aug. 30, 2016, 81 F.R. 60579.

Notice of President of the United States, dated Sept. 10, 2015, 80 F.R. 55013.

Notice of President of the United States, dated Sept. 4, 2014, 79 F.R. 53279.

Notice of President of the United States, dated Sept. 10, 2013, 78 F.R. 56581.

Notice of President of the United States, dated Sept. 11, 2012, 77 F.R. 56517.

Notice of President of the United States, dated Sept. 9, 2011, 76 F.R. 56633.

Notice of President of the United States, dated Sept. 10, 2010, 75 F.R. 55661.

Notice of President of the United States, dated Sept. 10, 2009, 74 F.R. 46883.

Notice of President of the United States, dated Aug. 28, 2008, 73 F.R. 51211.

Notice of President of the United States, dated Sept. 12, 2007, 72 F.R. 52465.

Notice of President of the United States, dated Sept. 5, 2006, 71 F.R. 52733.

Notice of President of the United States, dated Sept. 8, 2005, 70 F.R. 54229.

Notice of President of the United States, dated Sept. 10, 2004, 69 F.R. 55313.

Notice of President of the United States, dated Sept. 10, 2003, 68 F.R. 53665.

Notice of President of the United States, dated Sept. 12, 2002, 67 F.R. 58317.

Proclamation No. 9844

Proc. No. 9844, Feb. 15, 2019, 84 F.R. 4949, which declared a national emergency at the southern border of the United States, was terminated by Proc. No. 10142, Jan. 20, 2021, 86 F.R. 7225, set out below.

Continuations of national emergency declared by Proc. No. 9844 were contained in the following:

Notice of President of the United States, dated Jan. 15, 2021, 86 F.R. 6557.

Notice of President of the United States, dated Feb. 13, 2020, 85 F.R. 8715.

Proc. No. 9994. Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Outbreak

Proc. No. 9994, Mar. 13, 2020, 85 F.R. 15337, provided:

In December 2019, a novel (new) coronavirus known as SARS–CoV–2 ("the virus") was first detected in Wuhan, Hubei Province, People's Republic of China, causing outbreaks of the coronavirus disease COVID–19 that has now spread globally. The Secretary of Health and Human Services (HHS) declared a public health emergency on January 31, 2020, under section 319 of the Public Health Service Act (42 U.S.C. 247d), in response to COVID–19. I have taken sweeping action to control the spread of the virus in the United States, including by suspending entry of foreign nationals seeking entry who had been physically present within the prior 14 days in certain jurisdictions where COVID–19 outbreaks have occurred, including the People's Republic of China, the Islamic Republic of Iran, and the Schengen Area of Europe. The Federal Government, along with State and local governments, has taken preventive and proactive measures to slow the spread of the virus and treat those affected, including by instituting Federal quarantines for individuals evacuated from foreign nations, issuing a declaration pursuant to section 319F–3 of the Public Health Service Act (42 U.S.C. 247d–6d), and releasing policies to accelerate the acquisition of personal protective equipment and streamline bringing new diagnostic capabilities to laboratories. On March 11, 2020, the World Health Organization announced that the COVID–19 outbreak can be characterized as a pandemic, as the rates of infection continue to rise in many locations around the world and across the United States.

The spread of COVID–19 within our Nation's communities threatens to strain our Nation's healthcare systems. As of March 12, 2020, 1,645 people from 47 States have been infected with the virus that causes COVID–19. It is incumbent on hospitals and medical facilities throughout the country to assess their preparedness posture and be prepared to surge capacity and capability. Additional measures, however, are needed to successfully contain and combat the virus in the United States.

NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 201 and 301 of the National Emergencies Act (50 U.S.C. 1601 et seq.) [50 U.S.C. 1621, 1631] and consistent with section 1135 of the Social Security Act (SSA), as amended (42 U.S.C. 1320b–5), do hereby find and proclaim that the COVID–19 outbreak in the United States constitutes a national emergency, beginning March 1, 2020. Pursuant to this declaration, I direct as follows:

Section 1. Emergency Authority. The Secretary of HHS may exercise the authority under section 1135 of the SSA to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children's Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of the public health emergency declared in response to the COVID–19 outbreak.

Sec. 2. Certification and Notice. In exercising this authority, the Secretary of HHS shall provide certification and advance written notice to the Congress as required by section 1135(d) of the SSA (42 U.S.C. 1320b–5(d)).

Sec. 3. General Provisions. (a) Nothing in this proclamation shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of March, in the year of our Lord two thousand twenty, and of the Independence of the United States of America the two hundred and forty-fourth.

Donald J. Trump.      

[National emergency declared in Proc. No. 9994, set out above, terminated by Pub. L. 118–3, Apr. 10, 2023, 137 Stat. 6, set out above.]

Continuations of the national emergency declared by Proc. No. 9994 were contained in the following:

Notice of President of the United States, dated Feb. 10, 2023, 88 F.R. 9385.

Notice of President of the United States, dated Feb. 18, 2022, 87 F.R. 10289.

Notice of President of the United States, dated Feb. 24, 2021, 86 F.R. 11599.

Proc. No. 10142. Termination of Emergency With Respect to the Southern Border of the United States and Redirection of Funds Diverted to Border Wall Construction

Proc. No. 10142, Jan. 20, 2021, 86 F.R. 7225, provided:

Like every nation, the United States has a right and a duty to secure its borders and protect its people against threats. But building a massive wall that spans the entire southern border is not a serious policy solution. It is a waste of money that diverts attention from genuine threats to our homeland security. My Administration is committed to ensuring that the United States has a comprehensive and humane immigration system that operates consistently with our Nation's values. In furtherance of that commitment, I have determined that the declaration of a national emergency at our southern border in Proclamation 9844 of February 15, 2019 (Declaring a National Emergency Concerning the Southern Border of the United States) [formerly set out above], was unwarranted. It shall be the policy of my Administration that no more American taxpayer dollars be diverted to construct a border wall. I am also directing a careful review of all resources appropriated or redirected to construct a southern border wall.

NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States of America, including section 202 [50 U.S.C. 1622] of the National Emergencies Act (50 U.S.C. 1601 et seq.), hereby declare that the national emergency declared by Proclamation 9844, and continued on February 13, 2020 (85 Fed. Reg. 8715), and January 15, 2021 [86 F.R. 6557], is terminated and that the authorites invoked in that proclamation will no longer be used to construct a wall at southen border. I hereby futher direct as follows:

Section 1. Pause in Construction and Obligation of Funds. (a) The Secretary of Defense and the Secretary of Homeland Security, in consultation with the Director of the Office of Management and Budget, shall direct the appropriate officials within their respective departments to:

(i) pause work on each construction project on the southern border wall, to the extent permitted by law, as soon as possible but in no case later than seven days from the date of this proclamation [Jan. 20, 2021], to permit:

(A) assessment of the legality of the funding and contracting methods used to construct the wall;

(B) assessment of the administrative and contractual consequences of ceasing each wall construction project; and

(C) completion and implementation of the plan developed in accordance with section 2 of this proclamation;

(ii) pause immediately the obligation of funds related to construction of the southern border wall, to the extent permitted by law; and

(iii) compile detailed information on all southern border wall construction contracts, the completion status of each wall construction project, and the funds used for wall construction since February 15, 2019, including directly appropriated funds and funds drawn from the Treasury Forfeiture Fund (31 U.S.C. 9705(g)(4)(B)), the Department of Defense Drug Interdiction and Counter-Drug Activities account (10 U.S.C. 284), and the Department of Defense Military Construction account (pursuant to the emergency authorities in 10 U.S.C. 2808(a) and 33 U.S.C. 2293(a)).

(b) The pause directed in subsection (a)(i) of this section shall apply to wall projects funded by redirected funds as well as wall projects funded by direct appropriations. The Secretary of Defense and the Secretary of Homeland Security may make an exception to the pause, however, for urgent measures needed to avert immediate physical dangers or where an exception is required to ensure that funds appropriated by the Congress fulfill their intended purpose.

Sec. 2. Plan for Redirecting Funding and Repurposing Contracts. The Secretary of Defense and the Secretary of Homeland Security, in coordination with the Secretary of the Treasury, the Attorney General, the Director of the Office of Management and Budget, and the heads of any other appropriate executive departments and agencies, and in consultation with the Assistant to the President for National Security Affairs, shall develop a plan for the redirection of funds concerning the southern border wall, as appropriate and consistent with applicable law. The process of developing the plan shall include consideration of terminating or repurposing contracts with private contractors engaged in wall construction, while providing for the expenditure of any funds that the Congress expressly appropriated for wall construction, consistent with their appropriated purpose. The plan shall be developed within 60 days from the date of this proclamation. After the plan is developed, the Secretary of Defense and the Secretary of Homeland Security shall take all appropriate steps to resume, modify, or terminate projects and to otherwise implement the plan.

Sec. 3. Definition. Consistent with Executive Order 13767 of January 25, 2017 (Border Security and Immigration Enforcement Improvements) [former 8 U.S.C. 1103 note], for the purposes of this proclamation, "wall" means a contiguous, physical wall or other similarly secure, contiguous, and impassable physical barrier.

Sec. 4. General Provisions. (a) Nothing in this proclamation shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of January, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth.

J.R. Biden, Jr.      

Ex. Ord. No. 13920. Securing the United States Bulk-Power System

Ex. Ord. No. 13920, May 1, 2020, 85 F.R. 26595, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), and section 301 of title 3, United States Code,

I, DONALD J. TRUMP, President of the United States of America, find that foreign adversaries are increasingly creating and exploiting vulnerabilities in the United States bulk-power system, which provides the electricity that supports our national defense, vital emergency services, critical infrastructure, economy, and way of life. The bulk-power system is a target of those seeking to commit malicious acts against the United States and its people, including malicious cyber activities, because a successful attack on our bulk-power system would present significant risks to our economy, human health and safety, and would render the United States less capable of acting in defense of itself and its allies. I further find that the unrestricted acquisition or use in the United States of bulk-power system electric equipment designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the jurisdiction or direction of foreign adversaries augments the ability of foreign adversaries to create and exploit vulnerabilities in bulk-power system electric equipment, with potentially catastrophic effects. I therefore determine that the unrestricted foreign supply of bulk-power system electric equipment constitutes an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, which has its source in whole or in substantial part outside the United States. This threat exists both in the case of individual acquisitions and when acquisitions are considered as a class. Although maintaining an open investment climate in bulk-power system electric equipment, and in the United States economy more generally, is important for the overall growth and prosperity of the United States, such openness must be balanced with the need to protect our Nation against a critical national security threat. To address this threat, additional steps are required to protect the security, integrity, and reliability of bulk-power system electric equipment used in the United States. In light of these findings, I hereby declare a national emergency with respect to the threat to the United States bulk-power system.

Accordingly, I hereby order:

Section 1. Prohibitions and Implementation. (a) The following actions are prohibited: any acquisition, importation, transfer, or installation of any bulk-power system electric equipment (transaction) by any person, or with respect to any property, subject to the jurisdiction of the United States, where the transaction involves any property in which any foreign country or a national thereof has any interest (including through an interest in a contract for the provision of the equipment), where the transaction was initiated after the date of this order [May 1, 2020], and where the Secretary of Energy (Secretary), in coordination with the Director of the Office of Management and Budget and in consultation with the Secretary of Defense, the Secretary of Homeland Security, the Director of National Intelligence, and, as appropriate, the heads of other executive departments and agencies (agencies), has determined that:

(i) the transaction involves bulk-power system electric equipment designed, developed, manufactured, or supplied, by persons owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary; and

(ii) the transaction:

(A) poses an undue risk of sabotage to or subversion of the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of the bulk-power system in the United States;

(B) poses an undue risk of catastrophic effects on the security or resiliency of United States critical infrastructure or the economy of the United States; or

(C) otherwise poses an unacceptable risk to the national security of the United States or the security and safety of United States persons.

(b) The Secretary, in consultation with the heads of other agencies as appropriate, may at the Secretary's discretion design or negotiate measures to mitigate concerns identified under section 1(a) of this order. Such measures may serve as a precondition to the approval by the Secretary of a transaction or of a class of transactions that would otherwise be prohibited pursuant to this order.

(c) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the date of this order.

(d) The Secretary, in consultation with the heads of other agencies as appropriate, may establish and publish criteria for recognizing particular equipment and particular vendors in the bulk-power system electric equipment market as pre-qualified for future transactions; and may apply these criteria to establish and publish a list of pre-qualified equipment and vendors. Nothing in this provision limits the Secretary's authority under this section to prohibit or otherwise regulate any transaction involving pre-qualified equipment or vendors.

Sec. 2. Authorities. (a) The Secretary is hereby authorized to take such actions, including directing the timing and manner of the cessation of pending and future transactions prohibited pursuant to section 1 of this order, adopting appropriate rules and regulations, and employing all other powers granted to the President by IEEPA as may be necessary to implement this order. The heads of all agencies, including the Board of Directors of the Tennessee Valley Authority, shall take all appropriate measures within their authority as appropriate and consistent with applicable law, to implement this order.

(b) Rules and regulations issued pursuant to this order may, among other things, determine that particular countries or persons are foreign adversaries exclusively for the purposes of this order; identify persons owned by, controlled by, or subject to the jurisdiction or direction of foreign adversaries exclusively for the purposes of this order; identify particular equipment or countries with respect to which transactions involving bulk-power system electric equipment warrant particular scrutiny under the provisions of this order; establish procedures to license transactions otherwise prohibited pursuant to this order; and identify a mechanism and relevant factors for the negotiation of agreements to mitigate concerns raised in connection with subsection 1(a) of this order. Within 150 days of the date of this order, the Secretary, in consultation with the Secretary of Defense, the Secretary of Homeland Security, the Director of National Intelligence, and, as appropriate, the heads of other agencies, shall publish rules or regulations implementing the authorities delegated to the Secretary by this order.

(c) The Secretary may, consistent with applicable law, redelegate any of the authorities conferred on the Secretary pursuant to this section within the Department of Energy.

(d) As soon as practicable, the Secretary, in consultation with the Secretary of Defense, the Secretary of the Interior, the Secretary of Homeland Security, the Director of National Intelligence, the Board of Directors of the Tennessee Valley Authority, and the heads of such other agencies as the Secretary considers appropriate, shall:

(i) identify bulk-power system electric equipment designed, developed, manufactured, or supplied, by persons owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary that poses an undue risk of sabotage to or subversion of the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of the bulk-power system in the United States, poses an undue risk of catastrophic effects on the security or resiliency of United States critical infrastructure or the economy of the United States, or otherwise poses an unacceptable risk to the national security of the United States or the security and safety of United States persons; and

(ii) develop recommendations on ways to identify, isolate, monitor, or replace such items as soon as practicable, taking into consideration overall risk to the bulk-power system.

Sec. 3. Task Force on Federal Energy Infrastructure Procurement Policies Related to National Security. (a) There is hereby established a Task Force on Federal Energy Infrastructure Procurement Policies Related to National Security (Task Force), which shall work to protect the Nation from national security threats through the coordination of Federal Government procurement of energy infrastructure and the sharing of risk information and risk management practices to inform such procurement. The Task Force shall be chaired by the Secretary or the Secretary's designee.

(b) In addition to the Chair of the Task Force (Chair), the Task Force membership shall include the following heads of agencies, or their designees:

(i) the Secretary of Defense;

(ii) the Secretary of the Interior;

(iii) the Secretary of Commerce;

(iv) the Secretary of Homeland Security;

(v) the Director of National Intelligence;

(vi) the Director of the Office of Management and Budget; and

(vii) the head of any other agency that the Chair may designate in consultation with the Secretary of Defense and the Secretary of the Interior.

(c) The Task Force shall:

(i) develop a recommended consistent set of energy infrastructure procurement policies and procedures for agencies, to the extent consistent with law, to ensure that national security considerations are fully integrated across the Federal Government, and submit such recommendations to the Federal Acquisition Regulatory Council (FAR Council);

(ii) evaluate the methods and criteria used to incorporate national security considerations into energy security and cybersecurity policymaking;

(iii) consult with the Electricity Subsector Coordinating Council and the Oil and Natural Gas Subsector Coordinating Council in developing the recommendations and evaluation described in subsections (c)(i) through (ii) of this section; and

(iv) conduct any other studies, develop any other recommendations, and submit any such studies and recommendations to the President, as appropriate and as directed by the Secretary.

(d) The Department of Energy shall provide administrative support and funding for the Task Force, to the extent consistent with applicable law.

(e) The Task Force shall meet as required by the Chair and, unless extended by the Chair, shall terminate once it has accomplished the objectives set forth in subsection (c) of this section, as determined by the Chair, and completed the reports described in subsection (f) of this section.

(f) The Task Force shall submit to the President, through the Chair and the Director of the Office of Management and Budget:

(i) a report within 1 year from the date of this order [May 1, 2020];

(ii) a subsequent report at least once annually thereafter while the Task Force remains in existence; and

(iii) such other reports as appropriate and as directed by the Chair.

(g) In the reports submitted under subsection (f) of this section, the Task Force shall summarize its progress, findings, and recommendations described in subsection (c) of this section.

(h) Because attacks on the bulk-power system can originate through the distribution system, the Task Force shall engage with distribution system industry groups, to the extent consistent with law and national security. Within 180 days of receiving the recommendations pursuant to subsection (c)(i) of this section, the FAR Council shall consider proposing for notice and public comment an amendment to the applicable provisions in the Federal Acquisition Regulation to implement the recommendations provided pursuant to subsection (c)(i) of this section.

Sec. 4. Definitions. For purposes of this order, the following definitions shall apply:

(a) The term "bulk-power system" means (i) facilities and control systems necessary for operating an interconnected electric energy transmission network (or any portion thereof); and (ii) electric energy from generation facilities needed to maintain transmission reliability. For the purpose of this order, this definition includes transmission lines rated at 69,000 volts (69 kV) or more, but does not include facilities used in the local distribution of electric energy.

(b) The term "bulk-power system electric equipment" means items used in bulk-power system substations, control rooms, or power generating stations, including reactors, capacitors, substation transformers, current coupling capacitors, large generators, backup generators, substation voltage regulators, shunt capacitor equipment, automatic circuit reclosers, instrument transformers, coupling capacity voltage transformers, protective relaying, metering equipment, high voltage circuit breakers, generation turbines, industrial control systems, distributed control systems, and safety instrumented systems. Items not included in the preceding list and that have broader application of use beyond the bulk-power system are outside the scope of this order.

(c) The term "entity" means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization.

(d) The term "foreign adversary" means any foreign government or foreign non-government person engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or its allies or the security and safety of United States persons.

(e) The term "person" means an individual or entity.

(f) The term "procurement" means the acquiring by contract with appropriated funds of supplies or services, including installation services, by and for the use of the Federal Government, through purchase, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated.

(g) The term "United States person" means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States.

Sec. 5. Recurring and Final Reports to the Congress. The Secretary is hereby authorized to submit recurring and final reports to the Congress regarding the national emergency declared in this order, consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of IEEPA (50 U.S.C. 1703(c)).

Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Donald J. Trump.      

[Ex. Ord. No. 13920, set out above, suspended for 90 days and Secretary of Energy and Director of the Office of Management and Budget to jointly consider whether to recommend a replacement order be issued, see section 7(c) of Ex. Ord. No. 13990, set out as a note under section 4321 of Title 42, The Public Health and Welfare.]

§1622. National emergencies

(a) Termination methods

Any national emergency declared by the President in accordance with this subchapter shall terminate if—

(1) there is enacted into law a joint resolution terminating the emergency; or

(2) the President issues a proclamation terminating the emergency.

Any national emergency declared by the President shall be terminated on the date specified in any joint resolution referred to in clause (1) or on the date specified in a proclamation by the President terminating the emergency as provided in clause (2) of this subsection, whichever date is earlier, and any powers or authorities exercised by reason of said emergency shall cease to be exercised after such specified date, except that such termination shall not affect—

(A) any action taken or proceeding pending not finally concluded or determined on such date;

(B) any action or proceeding based on any act committed prior to such date; or

(C) any rights or duties that matured or penalties that were incurred prior to such date.

(b) Termination review of national emergencies by Congress

Not later than six months after a national emergency is declared, and not later than the end of each six-month period thereafter that such emergency continues, each House of Congress shall meet to consider a vote on a joint resolution to determine whether that emergency shall be terminated.

(c) Joint resolution; referral to Congressional committees; conference committee in event of disagreement; filing of report; termination procedure deemed part of rules of House and Senate

(1) A joint resolution to terminate a national emergency declared by the President shall be referred to the appropriate committee of the House of Representatives or the Senate, as the case may be. One such joint resolution shall be reported out by such committee together with its recommendations within fifteen calendar days after the day on which such resolution is referred to such committee, unless such House shall otherwise determine by the yeas and nays.

(2) Any joint resolution so reported shall become the pending business of the House in question (in the case of the Senate the time for debate shall be equally divided between the proponents and the opponents) and shall be voted on within three calendar days after the day on which such resolution is reported, unless such House shall otherwise determine by yeas and nays.

(3) Such a joint resolution passed by one House shall be referred to the appropriate committee of the other House and shall be reported out by such committee together with its recommendations within fifteen calendar days after the day on which such resolution is referred to such committee and shall thereupon become the pending business of such House and shall be voted upon within three calendar days after the day on which such resolution is reported, unless such House shall otherwise determine by yeas and nays.

(4) In the case of any disagreement between the two Houses of Congress with respect to a joint resolution passed by both Houses, conferees shall be promptly appointed and the committee of conference shall make and file a report with respect to such joint resolution within six calendar days after the day on which managers on the part of the Senate and the House have been appointed. Notwithstanding any rule in either House concerning the printing of conference reports or concerning any delay in the consideration of such reports, such report shall be acted on by both Houses not later than six calendar days after the conference report is filed in the House in which such report is filed first. In the event the conferees are unable to agree within forty-eight hours, they shall report back to their respective Houses in disagreement.

(5) Paragraphs (1)–(4) of this subsection, subsection (b) of this section, and section 1651(b) of this title are enacted by Congress—

(A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in the House in the case of resolutions described by this subsection; and they supersede other rules only to the extent that they are inconsistent therewith; and

(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

(d) Automatic termination of national emergency; continuation notice from President to Congress; publication in Federal Register

Any national emergency declared by the President in accordance with this subchapter, and not otherwise previously terminated, shall terminate on the anniversary of the declaration of that emergency if, within the ninety-day period prior to each anniversary date, the President does not publish in the Federal Register and transmit to the Congress a notice stating that such emergency is to continue in effect after such anniversary.

(Pub. L. 94–412, title II, §202, Sept. 14, 1976, 90 Stat. 1255; Pub. L. 99–93, title VIII, §801, Aug. 16, 1985, 99 Stat. 448.)

Editorial Notes

Amendments

1985—Subsecs. (a) to (c). Pub. L. 99–93 substituted "there is enacted into law a joint resolution terminating the emergency" for "Congress terminates the emergency by concurrent resolution" in par. (1) of subsec. (a), and substituted "joint resolution" for "concurrent resolution" wherever appearing in second sentence of subsec. (a), subsec. (b), and pars. (1) to (4) of subsec. (c).

SUBCHAPTER III—EXERCISE OF EMERGENCY POWERS AND AUTHORITIES

§1631. Declaration of national emergency by Executive order; authority; publication in Federal Register; transmittal to Congress

When the President declares a national emergency, no powers or authorities made available by statute for use in the event of an emergency shall be exercised unless and until the President specifies the provisions of law under which he proposes that he, or other officers will act. Such specification may be made either in the declaration of a national emergency, or by one or more contemporaneous or subsequent Executive orders published in the Federal Register and transmitted to the Congress.

(Pub. L. 94–412, title III, §301, Sept. 14, 1976, 90 Stat. 1257.)

Executive Documents

Release of American Hostages in Iran

For provisions relating to the release of the American hostages in Iran, see Ex. Ord. Nos. 12276 to 12285, Jan. 19, 1981, 46 F.R. 7913 to 7932, listed in a table under section 1701 of this title.

SUBCHAPTER IV—ACCOUNTABILITY AND REPORTING REQUIREMENTS OF PRESIDENT

§1641. Accountability and reporting requirements of President

(a) Maintenance of file and index of Presidential orders, rules and regulations during national emergency

When the President declares a national emergency, or Congress declares war, the President shall be responsible for maintaining a file and index of all significant orders of the President, including Executive orders and proclamations, and each Executive agency shall maintain a file and index of all rules and regulations, issued during such emergency or war issued pursuant to such declarations.

(b) Presidential orders, rules and regulations; transmittal to Congress

All such significant orders of the President, including Executive orders, and such rules and regulations shall be transmitted to the Congress promptly under means to assure confidentiality where appropriate.

(c) Expenditures during national emergency; Presidential reports to Congress

When the President declares a national emergency or Congress declares war, the President shall transmit to Congress, within ninety days after the end of each six-month period after such declaration, a report on the total expenditures incurred by the United States Government during such six-month period which are directly attributable to the exercise of powers and authorities conferred by such declaration. Not later than ninety days after the termination of each such emergency or war, the President shall transmit a final report on all such expenditures.

(Pub. L. 94–412, title IV, §401, Sept. 14, 1976, 90 Stat. 1257.)

Executive Documents

Delegation of Authority of Certain National Emergency Expenditure Reporting Functions

Memorandum of President of the United States, July 7, 2023, 88 F.R. 44665, provided:

Memorandum for the Secretary of Homeland Security[,] the Secretary of Health and Human Services[, and] the Secretary of the Treasury

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA) and section 301 of title 3, United States Code, it is hereby ordered as follows:

Section 1. Delegations. The Secretary of Homeland Security is hereby authorized to submit expenditure information to the Congress on the national emergency declared in Proclamation 6867 [46 U.S.C. 70051 note], as amended [sic] by Proclamation 7757 [46 U.S.C. 70051 note], Proclamation 9398 [46 U.S.C. 70051 note], and Proclamation 9699 [46 U.S.C. 70051 note], consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)). The Secretary of Homeland Security is hereby authorized to submit expenditure information to the Congress on the national emergency declared in Proclamation 10371 [46 U.S.C. 70051 note], consistent with section 401(c) of the NEA. The Secretary of Health and Human Services, in consultation with the Secretary of the Treasury, is hereby authorized to submit expenditure information to the Congress on the national emergency declared in Proclamation 9994 [50 U.S.C. 1621 note], consistent with section 401(c) of the NEA. With respect to the delegations under this section, the Secretaries may consult with the Congress as warranted to ensure that the Congress receives complete and accurate expenditure information as expeditiously as possible.

Sec. 2. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(d) The Secretary of Homeland Security is authorized and directed to publish this memorandum in the Federal Register.

J.R. Biden, Jr.      

SUBCHAPTER V—APPLICATION TO POWERS AND AUTHORITIES OF OTHER PROVISIONS OF LAW AND ACTIONS TAKEN THEREUNDER

§1651. Other laws, powers and authorities conferred thereby, and actions taken thereunder; Congressional studies

(a) The provisions of this chapter shall not apply to the following provisions of law, the powers and authorities conferred thereby, and actions taken thereunder:

(1) Chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.

(2) Section 3727(a)–(e)(1) of title 31.

(3) Section 6305 of title 41.

(4) Public Law 85–804 (Act of Aug. 28, 1958, 72 Stat. 972; 50 U.S.C. 1431 et seq.).

(5) Section 3201(a) of title 10.

(b) Each committee of the House of Representatives and the Senate having jurisdiction with respect to any provision of law referred to in subsection (a) of this section shall make a complete study and investigation concerning that provision of law and make a report, including any recommendations and proposed revisions such committee may have, to its respective House of Congress within two hundred and seventy days after September 14, 1976.

(Pub. L. 94–412, title V, §502, Sept. 14, 1976, 90 Stat. 1258; Pub. L. 95–223, title I, §101(d), Dec. 28, 1977, 91 Stat. 1625; Pub. L. 96–513, title V, §507(b), Dec. 12, 1980, 94 Stat. 2919; Pub. L. 105–362, title IX, §901(r)(2), Nov. 10, 1998, 112 Stat. 3291; Pub. L. 107–314, div. A, title X, §1062(o)(1), Dec. 2, 2002, 116 Stat. 2652; Pub. L. 117–81, div. A, title XVII, §1702(k)(2), Dec. 27, 2021, 135 Stat. 2160.)

Editorial Notes

References in Text

Public Law 85–804, referred to in subsec. (a)(4), is Pub. L. 85–804, Aug. 28, 1958, 72 Stat. 972, which is classified generally to chapter 29 (§1431 et seq.) of this title. For complete classification of this Act to the Code, see Tables.

Amendments

2021—Subsec. (a). Pub. L. 117–81 added pars. (1) to (5) and struck out former pars. (1) to (5) which set out sections and provisions to which the provisions of this chapter are inapplicable.

2002—Subsec. (a). Pub. L. 107–314 redesignated pars. (3) to (7) as (1) to (5), respectively, and struck out former par. (2) which read as follows: "Act of April 28, 1942 (40 U.S.C. 278b);".

1998—Subsec. (a)(6). Pub. L. 105–362 substituted "1431 et seq." for "1431–1435".

1980—Subsec. (a)(8). Pub. L. 96–513 struck out par. (8) which made reference to sections 3313, 6386(c), and 8313 of title 10.

1977—Subsec. (a)(1). Pub. L. 95–223 struck out par. (1) which read as follows: "Section 5(b) of the Act of October 6, 1917, as amended (12 U.S.C. 95a; 50 U.S.C. App. 5(b));".

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.

CHAPTER 35—INTERNATIONAL EMERGENCY ECONOMIC POWERS

        

§1701. Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities

(a) Any authority granted to the President by section 1702 of this title may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat.

(b) The authorities granted to the President by section 1702 of this title may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.

(Pub. L. 95–223, title II, §202, Dec. 28, 1977, 91 Stat. 1626.)

Statutory Notes and Related Subsidiaries

Short Title of 2024 Amendment

Pub. L. 118–50, div. O, §1, Apr. 24, 2024, 138 Stat. 988, provided that: "This division [enacting section 1710 of this title, enacting provisions set out as notes under this section, and amending provisions set out as a note under this section] may be cited as the 'Strengthening Tools to Counter the Use of Human Shields Act'."

Short Title of 2023 Amendment

Pub. L. 117–336, §1, Jan. 5, 2023, 136 Stat. 6147, provided that: "This Act [enacting section 1709 of this title] may be cited as the 'Protecting American Intellectual Property Act of 2022'."

Short Title of 2021 Amendment

Pub. L. 117–54, §1(a), Nov. 10, 2021, 135 Stat. 413, provided that: "This Act [amending section 2277a of Title 22, Foreign Relations and Intercourse, and enacting and amending provisions set out as notes under this section] may be cited as the 'Reinforcing Nicaragua's Adherence to Conditions for Electoral Reform Act of 2021' or the 'RENACER Act'."

Short Title of 2018 Amendment

Pub. L. 115–272, §1(a), Oct. 25, 2018, 132 Stat. 4144, provided that: "This Act [amending sections 9229 and 9241 of Title 22, Foreign Relations and Intercourse, and enacting and amending provisions set out as notes under this section] may be cited as the 'Hizballah International Financing Prevention Amendments Act of 2018'."

Short Title of 2016 Amendment

Pub. L. 114–277, §1, Dec. 15, 2016, 130 Stat. 1409, provided that: "This Act [amending provisions set out as a note under this section] may be cited as the 'Iran Sanctions Extension Act'."

Pub. L. 114–194, §1, July 15, 2016, 130 Stat. 674, provided that: "This Act [amending provisions set out as a note under this section] may be cited as the 'Venezuela Defense of Human Rights and Civil Society Extension Act of 2016'."

Short Title of 2007 Amendment

Pub. L. 110–96, §1, Oct. 16, 2007, 121 Stat. 1011, provided that: "This Act [amending section 1705 of this title and enacting provisions set out as a note under section 1705 of this title] may be cited as the 'International Emergency Economic Powers Enhancement Act'."

Short Title of 2006 Amendment

Pub. L. 109–353, §1, Oct. 13, 2006, 120 Stat. 2015, provided that: "This Act [amending provisions set out as a note under this section] may be cited as the 'North Korea Nonproliferation Act of 2006'."

Pub. L. 109–293, §1, Sept. 30, 2006, 120 Stat. 1344, provided that: "This Act [amending section 5318A of Title 31, Money and Finance, enacting provisions set out as notes under this section and section 2151 of Title 22, Foreign Relations and Intercourse, and amending provisions set out as a note under this section] may be cited as the 'Iran Freedom Support Act'."

Short Title of 2005 Amendment

Pub. L. 109–112, §1, Nov. 22, 2005, 119 Stat. 2366, provided that: "This Act [enacting provisions set out as a note under this section and amending provisions set out as notes under this section and section 2797b of Title 22, Foreign Relations and Intercourse] may be cited as the 'Iran Nonproliferation Amendments Act of 2005'."

Short Title of 2001 Amendment

Pub. L. 107–24, §1, Aug. 3, 2001, 115 Stat. 199, provided that: "This Act [enacting and amending provisions set out as notes under this section] may be cited as the 'ILSA Extension Act of 2001'."

Short Title

Pub. L. 95–223, title II, §201, Dec. 28, 1977, 91 Stat. 1626, provided that: "This title [enacting this chapter] may be cited as the 'International Emergency Economic Powers Act'."

Regulatory Authority

Pub. L. 115–272, title III, §301(a), Oct. 25, 2018, 132 Stat. 4155, provided that: "The President shall, not later than 180 days after the date of the enactment of this Act [Oct. 25, 2018], prescribe regulations as necessary for the implementation of this Act [see Short Title of 2018 Amendment note set out above] and the amendments made by this Act."

Separability

Pub. L. 95–223, title II, §208, Dec. 28, 1977, 91 Stat. 1629, provided that: "If any provision of this Act [enacting this chapter] is held invalid, the remainder of the Act shall not be affected thereby."

Report and Imposition of Sanctions To Harmonize With Allied Sanctions

Pub. L. 118–50, div. G, §1, Apr. 24, 2024, 138 Stat. 954, provided that:

"(a) Report Required.—Not later than 90 days after the date of the enactment of this division [Apr. 24, 2024], the President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report identifying—

"(1) each foreign person currently subject to—

"(A) sanctions issued by the European Union pursuant to European Union Council Regulation No. 269/2014 of 17 March, 2014, as amended; or

"(B) sanctions issued by the United Kingdom pursuant to the Russia (Sanctions) (EU Exit) Regulations 2019, as amended; and

"(2) each such foreign person that also meets the criteria for imposition of sanctions by the United States pursuant to—

"(A) the Global Magnitsky Human Rights Accountability Act of 2016 [Pub. L. 114–328, div. A, title XII, subtitle F] (22 U.S.C. 10101 et seq.);

"(B) Executive Order 14024 (50 U.S.C. 1701 note, relating to blocking property with respect to specified harmful foreign activities of the Government of the Russian Federation), as amended;

"(C) Executive Order 14068 (50 U.S.C. 1701 note, relating to prohibiting certain imports, exports, and new investment with respect to continued Russian Federation aggression), as amended; or

"(D) Executive Order 14071 (50 U.S.C. 1701 note, relating to prohibiting new investment in and certain services to the Russian Federation in response to continued Russian Federation aggression), as amended.

"(b) Imposition of Sanctions.—The President may impose the sanctions authorized by the applicable provision of law listed in subsection (a)(2) with respect to each foreign person identified in the report required under subsection (a)(1) who is not already subject to sanctions under United States law pursuant to one or more statutory sanctions authorities as of the date of the submission of such report."

Hamas and Other Palestinian Terrorist Groups International Financing Prevention

Pub. L. 118–50, div. M, Apr. 24, 2024, 138 Stat. 980, provided that:

"SEC. 1. SHORT TITLE.

"This division may be cited as the 'Hamas and Other Palestinian Terrorist Groups International Financing Prevention Act'.

"SEC. 2. STATEMENT OF POLICY.

"It shall be the policy of the United States—

"(1) to prevent Hamas, Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion's Den, or any affiliate or successor thereof from accessing its international support networks; and

"(2) to oppose Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion's Den, or any affiliate or successor thereof from using goods, including medicine and dual use items, to smuggle weapons and other materials to further acts of terrorism, including against Israel.

"SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS SUPPORTING ACTS OF TERRORISM OR ENGAGING IN SIGNIFICANT TRANSACTIONS WITH SENIOR MEMBERS OF HAMAS, PALESTINIAN ISLAMIC JIHAD AND OTHER PALESTINIAN TERRORIST ORGANIZATIONS.

"(a) In General.—Not later than 180 days after the date of enactment of this division [Apr. 24, 2024], the President shall impose the sanctions described in subsection (c) with respect to each foreign person that the President determines, on or after the date of the enactment of this division, engages in an activity described in subsection (b).

"(b) Activities Described.—A foreign person engages in an activity described in this subsection if the foreign person knowingly—

"(1) assists in sponsoring or providing significant financial, material, or technological support for, or goods or other services to enable, acts of terrorism; or

"(2) engages, directly or indirectly, in a significant transaction with—

"(A) a senior member of Hamas, Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion's Den, or any affiliate or successor thereof; or

"(B) a senior member of a foreign terrorist organization designated pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) that is responsible for providing, directly or indirectly, support to Hamas, Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion's Den, or any affiliate or successor thereof.

"(c) Sanctions Described.—The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person described in subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

"(d) Penalties.—The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulations promulgated to carry out this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act.

"(e) Implementation; Regulations.—

"(1) In general.—The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section.

"(2) Regulations.—Not later than 60 days after the date of the enactment of this division, the President shall issue regulations or other guidance as may be necessary for the implementation of this section.

"(f) Waiver.—The President may waive, on a case-by-case basis and for a period of not more than 180 days, the application of sanctions under this section with respect to a foreign person only if, not later than 15 days prior to the date on which the waiver is to take effect, the President submits to the appropriate congressional committees a written determination and justification that the waiver is in the vital national security interests of the United States.

"(g) Humanitarian Assistance.—

"(1) In general.—Sanctions under this section shall not apply to—

"(A) the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, or humanitarian assistance, or for humanitarian purposes; or

"(B) transactions that are necessary for or related to the activities described in subparagraph (A).

"(2) Definitions.—In this subsection:

"(A) Agricultural commodity.—The term 'agricultural commodity' has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602).

"(B) Medical device.—The term 'medical device' has the meaning given the term 'device' in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).

"(C) Medicine.—The term 'medicine' has the meaning given the term 'drug' in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).

"(h) Rule of Construction.—The authority to impose sanctions under this section with respect to a foreign person is in addition to the authority to impose sanctions under any other provision of law with respect to a foreign person that directly or indirectly supports acts of international terrorism.

"SEC. 4. IMPOSITION OF MEASURES WITH RESPECT TO FOREIGN STATES PROVIDING SUPPORT TO HAMAS, PALESTINIAN ISLAMIC JIHAD AND OTHER PALESTINIAN TERRORIST ORGANIZATIONS.

"(a) In General.—Not later than 180 days after the date of enactment of this division [Apr. 24, 2024], the President shall impose the measures described in subsection (c) with respect to a foreign state if the President determines that the foreign state, on or after the date of the enactment of this division, engages in an activity described in subsection (b).

"(b) Activities Described.—A foreign state engages in an activity described in this subsection if the foreign state knowingly—

"(1) provides significant material or financial support for acts of international terrorism, pursuant to—

"(A) section 1754(c) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)) [sic];

"(B) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371);

"(C) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or

"(D) any other provision of law;

"(2) provides significant material support to Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion's Den, or any affiliate or successor thereof; or

"(3) engages in a significant transaction that materially contributes, directly or indirectly, to the terrorist activities of Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion's Den, or any affiliate or successor thereof.

"(c) Measures Described.—The measures described in this subsection with respect to a foreign state are the following:

"(1) The President shall suspend, for a period of at least 1 year, United States assistance to the foreign state.

"(2) The Secretary of the Treasury shall instruct the United States Executive Director to each appropriate international financial institution to oppose, and vote against, for a period of 1 year, the extension by such institution of any loan or financial or technical assistance to the government of the foreign state.

"(3) The President shall prohibit the export of any item on the United States Munitions List (established pursuant to section 38 of the Arms Export Control Act (22 U.S.C. 2778)) or the Commerce Control List set forth in Supplement No. 1 to part 774 of title 15, Code of Federal Regulations, to the foreign state for a period of 1 year.

"(d) Penalties.—The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulations promulgated to carry out this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act.

"(e) Waiver.—The President may waive, on a case-by-case basis and for a period of not more than 180 days, the application of measures under this section with respect to a foreign state only if, not later than 15 days prior to the date on which the waiver is to take effect, the President submits to the appropriate congressional committees a written determination and justification that the waiver is in the vital national security interests of the United States.

"(f) Implementation; Regulations.—

"(1) In general.—The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section.

"(2) Regulations.—Not later than 60 days after the date of the enactment of this division, the President shall issue regulations or other guidance as may be necessary for the implementation of this section.

"(g) Additional Exemptions.—

"(1) Status of forces agreements.—The President may exempt the application of measures under this section with respect to a foreign state if the application of such measures would prevent the United States from meeting the terms of any status of forces agreement to which the United States is a party or meeting other obligations relating to the basing of United States service members.

"(2) Authorized intelligence activities.—Measures under this section shall not apply with respect to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States.

"(3) Humanitarian assistance.—

"(A) In general.—Measures under this section shall not apply to—

"(i) the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, or humanitarian assistance, or for humanitarian purposes; or

"(ii) transactions that are necessary for or related to the activities described in clause (i).

"(B) Definitions.—In this subsection:

"(i) Agricultural commodity.—The term 'agricultural commodity' has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602).

"(ii) Medical device.—The term 'medical device' has the meaning given the term 'device' in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).

"(iii) Medicine.—The term 'medicine' has the meaning given the term 'drug' in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).

"(h) Rule of Construction.—The authority to impose measures under this section with respect to a foreign state is in addition to the authority to impose measures under any other provision of law with respect to foreign states that directly or indirectly support acts of international terrorism.

"SEC. 5. REPORTS ON ACTIVITIES TO DISRUPT GLOBAL FUNDRAISING, FINANCING, AND MONEY LAUNDERING ACTIVITIES OF HAMAS, PALESTINIAN ISLAMIC JIHAD, AL-AQSA MARTYRS BRIGADE, THE LION'S DEN OR ANY AFFILIATE OR SUCCESSOR THEREOF.

"(a) In General.—Not later than 90 days after the date of enactment of this division [Apr. 24, 2024], and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report that includes—

"(1) an assessment of the disposition of the assets and activities of Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion's Den, or any affiliate or successor thereof related to fundraising, financing, and money laundering worldwide;

"(2) a list of foreign states that knowingly providing material, financial, or technical support for, or goods or services to Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion's Den, or any affiliate or successor thereof;

"(3) a list of foreign states in which Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion's Den, or any affiliate or successor thereof conducts significant fundraising, financing, or money laundering activities;

"(4) a list of foreign states from which Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion's Den, or any affiliate or successor thereof knowingly engaged in the transfer of surveillance equipment, electronic monitoring equipment, or other means to inhibit communication or the free flow of information in Gaza; and

"(5) with respect to each foreign state listed in paragraph (2), (3), or (4)—

"(A) a description of the steps the foreign state identified is taking adequate measures to restrict financial flows to Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion's Den, or any affiliates or successors thereof; and

"(B) in the case of a foreign state failing to take adequate measures to restrict financial flows to Hamas, Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion's Den or any other designated entity engaged in significant act of terrorism threatening the peace and security of Israel—

"(i) an assessment of the reasons that government is not taking adequate measures to restrict financial flows to those entities; and

"(ii) a description of measures being taken by the United States Government to encourage the foreign state to restrict financial flows to those entities; and

"(b) Form.—Each report required by subsection (a) shall be submitted in unclassified form to the greatest extent possible, and may contain a classified annex.

"SEC. 6. TERMINATION.

"This division shall terminate on the earlier of—

"(1) the date that is 7 years after the date of the enactment of this division [Apr. 24, 2024]; or

"(2) the date that is 30 days after the date on which the President certifies to the appropriate congressional committees that—

"(A) Hamas or any successor or affiliate thereof is no longer designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189);

"(B) Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion's Den, and any successor or affiliate thereof are no longer subject to sanctions pursuant to—

"(i) Executive Order No. 12947 [50 U.S.C. 1701 note] (January 23, 1995; relating to prohibiting transactions with terrorists who threaten to disrupt the Middle East peace process); and

"(ii) Executive Order No. 13224 [50 U.S.C. 1701 note] (September 23, 2001; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism); and

"(C) Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion's Den, and any successor or affiliate thereof meet the criteria described in paragraphs (1) through (4) of section 9 of the Palestinian Anti-Terrorism Act of 2006 (22 U.S.C. 2378b note).

"SEC. 7. DEFINITIONS.

"In this division:

"(1) Act of terrorism.—The term 'act of terrorism' means an activity that—

"(A) involves a violent act or an act dangerous to human life, property, or infrastructure; and

"(B) appears to be intended to—

"(i) intimidate or coerce a civilian population;

"(ii) influence the policy of a government by intimidation or coercion; or

"(iii) affect the conduct of a government by mass destruction, assassination, kidnapping, or hostage-taking.

"(2) Admitted.—The term 'admitted' has the meaning given such term in section 101(a)(13)(A) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(A)).

"(3) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(A) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and

"(B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.

"(4) Foreign state.—The term 'foreign state' has the meaning given such term in section 1603 of title 28, United States Code.

"(5) Humanitarian aid.—The term 'humanitarian aid' means food, medicine, and medical supplies.

"(6) Material support.—The term 'material support' has the meaning given the term 'material support or resources' in section 2339A of title 18, United States Code.

"(7) United states person.—The term 'United States person' means—

"(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or

"(B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity."

Sanctions With Respect to Threats to Current or Former United States Officials

Pub. L. 118–50, div. O, §6, Apr. 24, 2024, 138 Stat. 991, provided that:

"(a) In General.—On and after the date that is 180 days after the date of the enactment of this division [Apr. 24, 2024], the President shall impose the sanctions described in subsection (b) with respect to any foreign person the President determines has, on or after such date of enactment, ordered, directed, or taken material steps to carry out any use of violence or has attempted or threatened to use violence against any current or former official of the Government of the United States.

"(b) Sanctions Described.—The sanctions described in this subsection are the following:

"(1) Inadmissibility to united states.—In the case of a foreign person who is an individual—

"(A) ineligibility to receive a visa to enter the United States or to be admitted to the United States; or

"(B) if the individual has been issued a visa or other documentation, revocation, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of the visa or other documentation.

"(2) Blocking of property.—The blocking, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), of all transactions in all property and interests in property of a foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

"(c) Enforcement of Blocking of Property.—A person that violates, attempts to violate, conspires to violate, or causes a violation of a sanction described in subsection (b)(2) that is imposed by the President or any regulation, license, or order issued to carry out such a sanction shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.

"(d) Waiver.—The President may waive the application of sanctions under this section for renewable periods not to exceed 180 days if the President—

"(1) determines that such a waiver is in the vital national security interests of the United States; and

"(2) not less than 15 days before the granting of the waiver, submits to the appropriate congressional committees a notice of and justification for the waiver.

"(e) Termination and Sunset.—

"(1) Termination of sanctions.—The President may terminate the application of sanctions under this section with respect to a person if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that—

"(A) credible information exists that the person did not engage in the activity for which sanctions were imposed;

"(B) the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in subsection (a) in the future; or

"(C) the termination of the sanctions is in the vital national security interests of the United States.

"(2) Sunset.—The requirement to impose sanctions under this section shall terminate on the date that is 4 years after the date of the enactment of this division.

"(f) Appropriate Congressional Committees Defined.—In this section, the term 'appropriate congressional committees' means—

"(1) the Committee on Foreign Affairs and the Committee on the Judiciary; and

"(2) the Committee on Foreign Relations and the Committee on the Judiciary."

Illicit Captagon Trafficking Suppression

Pub. L. 118–50, div. P, Apr. 24, 2024, 138 Stat. 992, provided that:

"SEC. 1. SHORT TITLE.

"This division may be cited as the 'Illicit Captagon Trafficking Suppression Act of 2023'.

"SEC. 2. FINDINGS.

"Congress finds the following:

"(1) Industrial scale production of the amphetamine-type stimulant also known as captagon, and the illicit production of precursor chemicals, in territories held by the regime of President Bashar al Assad in Syria are becoming more sophisticated and pose a severe challenge to regional and international security.

"(2) Elements of the Government of Syria are key drivers of illicit trafficking in captagon, with ministerial-level complicity in production and smuggling, using other armed groups such as Hizballah for technical and logistical support in captagon production and trafficking.

"(3) As affiliates of the Government of Syria and other actors seek to export captagon, they undermine regional security by empowering a broad range of criminal networks, militant groups, mafia syndicates, and autocratic governments.

"SEC. 3. STATEMENT OF POLICY.

"It is the policy of the United States to target individuals, entities, and networks associated with the Government of Syria to dismantle and degrade the transnational criminal organizations, including narcotics trafficking networks, associated with the regime of President Bashar al Assad in Syria and Hizballah.

"SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO ILLICIT CAPTAGON TRAFFICKING.

"(a) In General.—The sanctions described in subsection (b) shall be imposed with respect to any foreign person the President determines, on or after the date of enactment of this division—

"(1) engages in, or attempts to engage in, activities or transactions that have materially contributed to, or pose a significant risk of materially contributing to, the illicit production and international illicit proliferation of captagon; or

"(2) knowingly receives any property or interest in property that the foreign person knows—

"(A) constitutes or is derived from proceeds of activities or transactions that have materially contributed to, or pose a significant risk of materially contributing to, the illicit production and international illicit proliferation of captagon; or

"(B) was used or intended to be used to commit or to facilitate activities or transactions that have materially contributed to, or pose a significant risk of materially contributing to, the illicit production and international illicit proliferation of captagon.

"(b) Sanctions Described.—The sanctions described in this subsection are the following:

"(1) Blocking of property.—The President shall exercise all authorities granted under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or come within the possession or control of a United States person.

"(2) Ineligibility for visas, admission, or parole.—

"(A) Visas, admission, or parole.—An alien described in subsection (a) shall be—

"(i) inadmissible to the United States;

"(ii) ineligible to receive a visa or other documentation to enter the United States; and

"(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

"(B) Current visas revoked.—

"(i) In general.—The visa or other entry documentation of any alien described in subsection (a) is subject to revocation regardless of the issue date of the visa or other entry documentation.

"(ii) Immediate effect.—A revocation under clause (i) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i))—

     "(I) take effect immediately; and

     "(II) cancel any other valid visa or entry documentation that is in the possession of the alien.

"(c) Penalties.—Any person that violates, or attempts to violate, subsection (b) or any regulation, license, or order issued pursuant to that subsection, shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.

"(d) Waiver.—

"(1) In general.—The President may waive the application of sanctions under this section with respect to a foreign person only if, not later than 15 days prior to the date on which the waiver is to take effect, the President submits to the appropriate congressional committees a written determination and justification that the waiver is important to the national security interests of the United States.

"(2) Briefing.—Not later than 60 days after the issuance of a waiver under paragraph (1), and every 180 days thereafter while the waiver remains in effect, the President shall brief the appropriate congressional committees on the reasons for the waiver.

"(e) Implementation.—The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.

"(f) Regulations.—

"(1) In general.—The President shall, not later than 120 days after the date of the enactment of this division [Apr. 24, 2024], promulgate regulations as necessary for the implementation of this section.

"(2) Notification to congress.—Not later than 10 days before the promulgation of regulations under this subsection, the President shall notify the appropriate congressional committees of the proposed regulations and the provisions of this section that the regulations are implementing.

"(g) Exceptions.—

"(1) Exception for intelligence activities.—Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States.

"(2) Exception to comply with international obligations and for law enforcement activities.—Sanctions under this section shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary—

"(A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or

"(B) to carry out or assist authorized law enforcement activity in the United States.

"(3) Humanitarian assistance.—

"(A) In general.—Sanctions under this division shall not apply to—

"(i) the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, humanitarian assistance, or for humanitarian purposes; or

"(ii) transactions that are necessary for or related to the activities described in clause (i).

"(B) Definitions.—In this subsection:

"(i) Agricultural commodity.—The term 'agricultural commodity' has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602).

"(ii) Medical device.—The term 'medical device' has the meaning given the term 'device' in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).

"(iii) Medicine.—The term 'medicine' has the meaning given the term 'drug' in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).

"SEC. 5. DETERMINATIONS WITH RESPECT TO THE GOVERNMENT OF SYRIA, HIZBALLAH, AND NETWORKS AFFILIATED WITH THE GOVERNMENT OF SYRIA OR HIZBALLAH.

"(a) In General.—Not later than 180 days after the date of the enactment of this division [Apr. 24, 2024], the President shall—

"(1) determine whether each foreign person described in subsection (b) meets the criteria for sanctions under this division; and

"(2) submit to the appropriate congressional committees a report containing—

"(A) a list of all foreign persons described in subsection (b) that meet the criteria for imposition of sanctions under this division;

"(B) for each foreign person identified pursuant to subparagraph (A), a statement of whether sanctions have been imposed or will be imposed within 30 days of the submission of the report; and

"(C) with respect to any person identified pursuant to subparagraph (A) for whom sanctions have not been imposed and will not be imposed within 30 days of the submission of the report, the specific authority under which otherwise applicable sanctions are being waived, have otherwise been determined not to apply, or are not being imposed and a complete justification of the decision to waive or otherwise not apply such sanctions.

"(b) Foreign Persons Described.—The foreign persons described in this subsection are the following:

"(1) Maher Al Assad.

"(2) Imad Abu Zureiq.

"(3) Amer Taysir Khiti.

"(4) Taher al-Kayyali.

"(5) Raji Falhout.

"(6) Mohammed Asif Issa Shalish.

"(7) Abdellatif Hamid.

"(8) Mustafa Al Masalmeh.

"SEC. 6. DEFINITIONS.

"In this division:

"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(A) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and

"(B) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate.

"(2) Captagon.—The term 'captagon' means any compound, mixture, or preparation which contains any quantity of a stimulant in schedule I or II of section 202 of the Controlled Substances Act (21 U.S.C. 812), including—

"(A) amphetamine, methamphetamine, and fenethylline;

"(B) any immediate precursor or controlled substance analogue of such a stimulant, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802); and

"(C) any isomers, esters, ethers, salts, and salts of isomers, esters, and ethers of such a stimulant, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation.

"(3) Foreign person.—The term 'foreign person'—

"(A) means an individual or entity that is not a United States person; and

"(B) includes a foreign state (as such term is defined in section 1603 of title 28, United States Code).

"(4) Illicit proliferation.—The term 'illicit proliferation' refers to any illicit activity to produce, manufacture, distribute, sell, or knowingly finance or transport.

"(5) Knowingly.—The term 'knowingly' has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note).

"(6) United states person.—The term 'United States person' means—

"(A) a United States citizen;

"(B) a permanent resident alien of the United States;

"(C) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or

"(D) a person in the United States."

Banking Transparency for Sanctioned Persons Act of 2022

Pub. L. 117–263, div. E, title LVII, §5706, Dec. 23, 2022, 136 Stat. 3418, provided that:

"(a) In General.—Not later than 1 year after the date of the enactment of this Act [Dec. 23, 2022], and annually thereafter, the Secretary of the Treasury shall issue a report to the Committees on Financial Services and Foreign Affairs of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate that includes a list of specific licenses issued by the Secretary in the preceding 365 days that authorizes a U.S. financial institution (as defined under section 561.309 of title 31, Code of Federal Regulations) to provide financial services to any of the following:

"(1) The government of a state sponsor of terrorism.

"(2) A person sanctioned pursuant to any of the following:

"(A) Section 404 of the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012 (Public Law 112–208) [22 U.S.C. 5811 note].

"(B) Subtitle F of title XII of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328, the Global Magnitsky Human Rights Accountability Act) [22 U.S.C. 10101 et seq.].

"(C) Executive Order No. 13818 [listed in a table below].

"(b) Submission of Copies of Licenses on Request.—The Secretary of the Treasury shall expeditiously provide a copy of any license identified in a report required by subsection (a) to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate if an appropriate Member of Congress requests a copy of that license not later than 60 days after submission of the report.

"(c) Business Confidential Information.—

"(1) In general.—The Secretary of the Treasury shall, in the report under subsection (a) and any submissions under subsection (b), identify any proprietary information submitted by any private sector representative and mark such information as 'business confidential information'.

"(2) Treatment as trade secrets.—Business confidential information described under paragraph (1) shall be considered to be a matter falling within the meaning of trade secrets and commercial or financial information exemption under section 552(b)(4) of title 5, United States Code, and shall be exempt from disclosure under such section 552 of such title without the express approval of the private party.

"(d) Authorization of Appropriations.—For the purpose of carrying out the activities authorized under this section, there is authorized to be appropriated to the Secretary of the Treasury $1,000,000.

"(e) Sunset.—The section shall cease to have any force or effect after the end of the 5-year period beginning on the date of enactment of this Act [Dec. 23, 2022].

"(f) Form of Report and Submissions.—A report or submission required under this section shall be submitted in unclassified form but may contain a classified annex.

"(g) Appropriate Member of Congress Defined.—In this section, the term 'appropriate Member of Congress' has the meaning given that term under section 7132(d) of the National Defense Authorization Act for Fiscal Year 2020 [22 U.S.C. 9265a(d)]."

Sanctioning the Use of Civilians as Defenseless Shields

Pub. L. 118–50, div. O, §2, Apr. 24, 2024, 138 Stat. 988, provided that: "It shall be the policy of the United States to fully implement and enforce sanctions against terrorist organizations and other malign actors that use innocent civilians as human shields."

Pub. L. 115–348, Dec. 21, 2018, 132 Stat. 5055, as amended by Pub. L. 118–50, div. O, §3, Apr. 24, 2024, 138 Stat. 988, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Sanctioning the Use of Civilians as Defenseless Shields Act'.

"SEC. 2. STATEMENT OF POLICY.

"It shall be the policy of the United States to officially and publicly condemn the use of innocent civilians as human shields.

"SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT ARE RESPONSIBLE FOR THE USE OF CIVILIANS AS HUMAN SHIELDS.

"(a) Imposition of Sanctions.—

"(1) Mandatory sanctions.—The President shall impose sanctions described in subsection (d) with respect to each person on the list required under subsection (b).

"(2) Permissive sanctions.—The President may impose sanctions described in subsection (d) with respect to each person on the list described in subsection (c).

"(b) Mandatory Sanctions List.—Not later than one year after the date of the enactment of this Act [Dec. 21, 2018], and annually thereafter, the President shall submit to the appropriate congressional committees a list of the following:

"(1) Each foreign person that the President determines, on or after the date of the enactment of this Act—

"(A) is a member of Hizballah or is knowingly acting on behalf of Hizballah; and

"(B) knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack.

"(2) Each foreign person that the President determines, on or after the date of the enactment of this Act—

"(A) is a member of Hamas or is knowingly acting on behalf of Hamas; and

"(B) knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack.

"(3) Each foreign person that the President determines, on or after the date of the enactment of the Strengthening Tools to Counter the Use of Human Shields Act—

"(A) is a member of Palestine Islamic Jihad or is knowingly acting on behalf of Palestine Islamic Jihad; and

"(B) knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack.

"(4) Each foreign person or agency or instrumentality of a foreign state that the President determines, on or after the date of the enactment of this Act, knowingly and materially supports, orders, controls, directs, or otherwise engages in—

"(A) any act described in subparagraph (B) of paragraph (1) by a person described in that paragraph; or

"(B) any act described in subparagraph (B) of paragraph (2) by a person described in that paragraph.

"(c) Permissive Sanctions List.—Not later than one year after the date of the enactment of this Act [Dec. 21, 2018], and annually thereafter, the President should submit to the appropriate congressional committees a list of each foreign person that the President determines, on or after the date of the enactment of this Act, knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack, excluding foreign persons included in the most recent list under subsection (b).

"(d) Sanctions Described.—The sanctions to be imposed on a foreign person or an agency or instrumentality of a foreign state under this subsection are the following:

"(1) Blocking of property.—The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person or agency or instrumentality of a foreign state if such property or interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

"(2) Aliens ineligible for visas, admission, or parole.—

"(A) Visas, admission, or parole.—An alien who the Secretary of State or the Secretary of Homeland Security determines is subject to sanctions under subsection (a) is—

"(i) inadmissible to the United States;

"(ii) ineligible to receive a visa or other documentation to enter the United States; and

"(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

"(B) Current visas revoked.—Any visa or other documentation issued to an alien who is subject to sanctions under subsection (a), regardless of when such visa or other documentation was issued, shall be revoked and such alien shall be denied admission to the United States.

"(C) Exception to comply with united nations headquarters agreement and other international obligations.—The sanctions under this paragraph shall not be imposed on an individual if admitting such individual to the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or with other applicable international obligations.

"(e) Congressional Requests.—Not later than 120 days after receiving a request from the chairman and ranking member of one of the appropriate congressional committees with respect to whether a foreign person meets the criteria of a person described in subsection (b) or (c), the President shall—

"(1) determine if the person meets such criteria; and

"(2) submit a written justification to the chairman and ranking member detailing whether or not the President imposed or intends to impose sanctions described in subsection (b) or (c) with respect to such person.

"(f) Penalties.—The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that knowingly violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed to carry out this section to the same extent that such penalties apply to a person that knowingly commits an unlawful act described in section 206(a) of such Act.

"(g) Procedures for Judicial Review of Classified Information.—

"(1) In general.—If a finding under this section, or a prohibition, condition, or penalty imposed as a result of any such finding, is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)) and a court reviews the finding or the imposition of the prohibition, condition, or penalty, the President may submit such information to the court ex parte and in camera.

"(2) Rule of construction.—Nothing in this subsection shall be construed to confer or imply any right to judicial review of any finding under this section or any prohibition, condition, or penalty imposed as a result of any such finding.

"(h) Waiver.—The President may waive the application of sanctions under this section if the President determines and reports to the appropriate congressional committees that such waiver is in the national security interest of the United States.

"(i) Regulatory Authority.—

"(1) In general.—The President may exercise all authorities under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section.

"(2) Issuance of regulations.—Not later than 180 days after the date of the enactment of this Act [Dec. 21, 2018], the President shall prescribe such regulations as may be necessary to implement this section.

"(j) Rule of Construction.—Nothing in this section may be construed—

"(1) to limit the authorities of the President pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or any other relevant provision of law; or

"(2) to apply with respect to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.), or to any authorized intelligence activities of the United States.

"SEC. 4. DEFINITIONS.

"In this Act:

"(1) Admitted; alien.—The terms 'admitted' and 'alien' have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).

"(2) Agency or instrumentality of a foreign state.—The term 'agency or instrumentality of a foreign state' has the meaning given that term in section 1603(b) of title 28, United States Code.

"(3) Appropriate congressional committees.—In this section, the term 'appropriate congressional committees' means—

"(A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate; and

"(B) the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives.

"(4) Foreign person.—The term 'foreign person' means—

"(A) any citizen or national of a foreign state, wherever located; or

"(B) any entity not organized solely under the laws of the United States or existing solely in the United States.

"(5) Hamas.—The term 'Hamas' means—

"(A) the entity known as Hamas and designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or

"(B) any person identified as an agent or instrumentality of Hamas on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Asset Control of the Department of the Treasury, the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).

"(6) Hizballah.—The term 'Hizballah' means—

"(A) the entity known as Hizballah and designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or

"(B) any person identified as an agent or instrumentality of Hizballah on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Asset Control of the Department of the Treasury, the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).

"(7) Palestine islamic jihad.—The term 'Palestine Islamic Jihad' means—

"(A) the entity known as Palestine Islamic Jihad and designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or

"(B) any person identified as an agent or instrumentality of Palestine Islamic Jihad on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Asset Control of the Department of the Treasury, the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).

"(8) United states person.—The term 'United States person' means any United States citizen, permanent resident alien, entity organized under the laws of the United States (including foreign branches), or any person in the United States.

"SEC. 5. SUNSET.

"This Act shall cease to be effective on December 31, 2030.

"SEC. 6. SEVERABILITY.

"If any provision of this Act, or the application of such provision to any person or circumstance, is found to be unconstitutional, the remainder of this Act, or the application of that provision to other persons or circumstances, shall not be affected."

[Memorandum of President of the United States, May 24, 2019, 84 F.R. 27697, delegated to the Secretary of State the functions and authorities vested in the President by section 3(g) of Pub. L. 115–348, set out above, and delegated to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by section 3(a), (b), (c), (d)(1), and (h) of Pub. L. 115–348, and any future Act that is the same or substantially the same as such provisions.]

Nicaragua Investment Conditionality

Pub. L. 117–54, §§5, 6, 14, Nov. 10, 2021, 135 Stat. 416, 417, 422, provided that:

"SEC. 5. TARGETED SANCTIONS TO ADVANCE DEMOCRATIC ELECTIONS.

"(a) Coordinated Strategy.—

"(1) In general.—The Secretary of State and the Secretary of the Treasury, in consultation with the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)), shall develop and implement a coordinated strategy to align diplomatic engagement efforts with the implementation of targeted sanctions in order to support efforts to facilitate the necessary conditions for free, fair, and transparent elections in Nicaragua.

"(2) Briefing required.—Not later than 90 days after the date of the enactment of this Act [Nov. 10, 2021], and every 90 days thereafter until December 31, 2022, the Secretary of State and the Secretary of the Treasury shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on steps to be taken by the United States Government to develop and implement the coordinated strategy required by paragraph (1).

"(b) Targeted Sanctions Prioritization.—

"(1) In general.—Pursuant to the coordinated strategy required by subsection (a), the President shall prioritize the implementation of the targeted sanctions required under section 5 of the Nicaragua Investment Conditionality Act of 2018 [Pub. L. 115–335, set out below].

"(2) Targets.—In carrying out paragraph (1), the President—

"(A) shall examine whether foreign persons involved in directly or indirectly obstructing the establishment of conditions necessary for the realization of free, fair, and transparent elections in Nicaragua are subject to sanctions under section 5 of the Nicaragua Investment Conditionality Act of 2018; and

"(B) should, in particular, examine whether the following persons have engaged in conduct subject to such sanctions:

"(i) Officials in the government of President Daniel Ortega.

"(ii) Family members of President Daniel Ortega.

"(iii) High-ranking members of the National Nicaraguan Police.

"(iv) High-ranking members of the Nicaraguan Armed Forces.

"(v) Members of the Supreme Electoral Council of Nicaragua.

"(vi) Officials of the Central Bank of Nicaragua.

"(vii) Party members and elected officials from the Sandinista National Liberation Front and their family members.

"(viii) Individuals or entities affiliated with businesses engaged in corrupt financial transactions with officials in the government of President Daniel Ortega, his party, or his family.

"(ix) Individuals identified in the report required by section 8 [135 Stat. 418] as involved in significant acts of public corruption in Nicaragua.

"SEC. 6. DEVELOPING AND IMPLEMENTING A COORDINATED SANCTIONS STRATEGY WITH DIPLOMATIC PARTNERS.

"(a) Findings.—Congress makes the following findings:

"(1) On June 21, 2019, the Government of Canada, pursuant to its Special Economic Measures Act, designated 9 officials of the Government of Nicaragua for the imposition of sanctions in response to gross and systematic human rights violations in Nicaragua.

"(2) On May 4, 2020, the European Union imposed sanctions with respect to 6 officials of the Government of Nicaragua identified as responsible for serious human rights violations and for the repression of civil society and democratic opposition in Nicaragua.

"(3) On October 12, 2020, the European Union extended its authority to impose restrictive measures on 'persons and entities responsible for serious human rights violations or abuses or for the repression of civil society and democratic opposition in Nicaragua, as well as persons and entities whose actions, policies or activities otherwise undermine democracy and the rule of law in Nicaragua, and persons associated with them'.

"(b) Sense of Congress.—It is the sense of Congress that the United States should encourage the Government of Canada, the European Union and governments of members [sic] countries of the European Union, and governments of countries in Latin America and the Caribbean to use targeted sanctions with respect to persons involved in human rights violations and the obstruction of free, fair, and transparent elections in Nicaragua.

"(c) Coordinating International Sanctions.—The Secretary of State, working through the head of the Office of Sanctions Coordination established by section 1(h) [now section 1(l)] of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(h) [now 22 U.S.C. 2651a(l)]), and in consultation with the Secretary of the Treasury, shall engage in diplomatic efforts with governments of countries that are partners of the United States, including the Government of Canada, governments of countries in the European Union, and governments of countries in Latin America and the Caribbean, to impose targeted sanctions with respect to the persons described in section 5(b) in order to advance democratic elections in Nicaragua.

"(d) Briefing Requirement.—Not later than 90 days after the date of the enactment of this Act [Nov. 10, 2021], and every 90 days thereafter until December 31, 2022, the Secretary of State, in consultation with the Secretary of the Treasury, shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the implementation of this section.

"SEC. 14. DEFINITION.

"In this Act [see Short Title of 2021 Amendment note set out above], the term 'Nicaragua Investment Conditionality Act of 2018' means the Public Law 115–335 (50 U.S.C. 1701 note), as amended by section 13."

Pub. L. 115–335, Dec. 20, 2018, 132 Stat. 5019, as amended by Pub. L. 117–54, §§4, 13, Nov. 10, 2021, 135 Stat. 415, 421, provided that:

"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

"(a) Short Title.—This Act may be cited as the 'Nicaragua Investment Conditionality Act of 2018' or the 'NICA Act'.

"(b) Table of Contents.—[Omitted.]

"SEC. 2. SENSE OF CONGRESS ON ADVANCING A NEGOTIATED SOLUTION TO NICARAGUA'S CRISIS.

"It is the sense of Congress that—

"(1) credible negotiations between the Government of Nicaragua and representatives of Nicaragua's civil society, student movement, private sector, and political opposition, mediated by the Catholic Church in Nicaragua, represent the best opportunity to reach a peaceful solution to the current political crisis that includes—

"(A) a commitment to hold early elections that meet democratic standards and permit credible international electoral observation;

"(B) the cessation of the violence perpetrated against civilians by the National Police of Nicaragua and by armed groups supported by the Government of Nicaragua; and

"(C) independent investigations into the killings of protesters; and

"(2) negotiations between the Government of Nicaragua and representatives of Nicaragua's civil society, student movement, private sector, and political opposition, mediated by the Catholic Church in Nicaragua, have not resulted in an agreement as of the date of the enactment of this Act [Dec. 20, 2018] because the Government of Nicaragua has failed to credibly participate in the process.

"SEC. 3. STATEMENT OF POLICY.

"It is the policy of the United States to support—

"(1) the rule of law and an independent judiciary and electoral council in Nicaragua;

"(2) democratic governance in Nicaragua;

"(3) free and fair elections overseen by credible domestic and international observers in Nicaragua; and

"(4) anti-corruption and transparency efforts in Nicaragua.

"SEC. 4. RESTRICTIONS ON INTERNATIONAL FINANCIAL INSTITUTIONS RELATING TO NICARAGUA.

"(a) Sense of Congress.—It is the sense of Congress that the Secretary of the Treasury should take all possible steps, including through the full implementation of the exceptions set forth in subsection (c), to ensure that the restrictions required under subsection (b) do not negatively impact the basic human needs of the people of Nicaragua.

"(b) Restrictions.—The Secretary of the Treasury shall—

"(1) instruct the United States Executive Director at each international financial institution of the World Bank Group to use the voice, vote, and influence of the United States to oppose the extension by the International Finance Corporation of any loan or financial or technical assistance to the Government of Nicaragua for a project in Nicaragua;

"(2) instruct the United States Executive Director of the Inter-American Development Bank to use the voice, vote, and influence of the United States to oppose the extension by the Bank of any loan or financial or technical assistance to the Government of Nicaragua for a project in Nicaragua; and

"(3) instruct the United States Executive Director of each other international financial institution, including the International Monetary Fund, to work with other key donor countries to develop a coherent policy approach to future engagements with and lending to the Government of Nicaragua, in a manner that will advance human rights, including the full restoration of the rights guaranteed to the people of Nicaragua through the commitments made by the Government of Nicaragua as a signatory of the International Covenant on Civil and Political Rights.

"(c) Exceptions for Basic Human Needs and Democracy Promotion.—The restrictions under paragraphs (1) and (2) of subsection (b) shall not apply with respect to any loan or financial or technical assistance provided to address basic human needs or to promote democracy in Nicaragua.

"(d) Increased Oversight.—

"(1) In general.—The United States Executive Director at each international financial institution of the World Bank Group, the United States Executive Director at the Inter-American Development Bank, and the United States Executive Director at each other international financial institution, including the International Monetary Fund, shall take all practicable steps—

"(A) to increase scrutiny of any loan or financial or technical assistance provided for a project in Nicaragua; and

"(B) to ensure that the loan or assistance is administered through an entity with full technical, administrative, and financial independence from the Government of Nicaragua.

"(2) Mechanisms for increased scrutiny.—The United States Executive Director at each international financial institution described in paragraph (1) shall use the voice, vote, and influence of the United States to encourage that institution to increase oversight mechanisms for new and existing loans or financial or technical assistance provided for a project in Nicaragua.

"(e) Interagency Consultation.—Before implementing the restrictions described in subsection (b), or before exercising an exception under subsection (c), the Secretary of the Treasury shall consult with the Secretary of State and with the Administrator of the United States Agency for International Development to ensure that all loans and financial or technical assistance to Nicaragua are consistent with United States foreign policy objectives as defined in section 3.

"(f) Report.—Not later than 180 days after the date of the enactment of the RENACER Act [Nov. 10, 2021], and annually thereafter until the termination date specified in section 10, the Secretary of the Treasury, in coordination with the Secretary of State and the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees a report on the implementation of this section, which shall include—

"(1) summary of any loans and financial and technical assistance provided by international financial institutions for projects in Nicaragua;

"(2) a description of the implementation of the restrictions described in subsection (b);

"(3) an identification of the occasions in which the exceptions under subsection (c) are exercised and an assessment of how the loan or assistance provided with each such exception may address basic human needs or promote democracy in Nicaragua;

"(4) a description of the results of the increased oversight conducted under subsection (d); and

"(5) a description of international efforts to address the humanitarian needs of the people of Nicaragua.

"SEC. 5. IMPOSITION OF TARGETED SANCTIONS WITH RESPECT TO NICARAGUA.

"(a) In General.—The President shall impose the sanctions described in subsection (c) with respect to any foreign person, including any current or former official of the Government of Nicaragua or any person acting on behalf of that Government, that the President determines—

"(1) to be responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, or to have knowingly participated in, directly or indirectly, any activity described in subsection (b);

"(2) to be a leader of—

"(A) an entity that has, or whose members have, engaged in any activity described in subsection (b); or

"(B) an entity whose property and interests in property are blocked under subsection (c)(1)(A) as a result of activities related to the tenure of the leader;

"(3) to have knowingly materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of—

"(A) an activity described in subsection (b); or

"(B) a person whose property and interests in property are blocked under subsection (c)(1)(A); or

"(4) to be owned or controlled by, or to have knowingly acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked under subsection (c)(1)(A).

"(b) Activities Described.—An activity described in this subsection is any of the following in or in relation to Nicaragua on or after April 18, 2018:

"(1) Significant acts of violence or conduct that constitutes a serious abuse or violation of human rights against persons associated with the protests in Nicaragua that began on April 18, 2018.

"(2) Significant actions or policies that undermine democratic processes or institutions.

"(3) Acts of significant corruption by or on behalf of the Government of Nicaragua or a current or former official of the Government of Nicaragua, including—

"(A) the expropriation of private or public assets for personal gain or political purposes;

"(B) corruption related to government contracts;

"(C) bribery; or

"(D) the facilitation or transfer of the proceeds of corruption.

"(4) The arrest or prosecution of a person, including an individual or media outlet disseminating information to the public, primarily because of the legitimate exercise by such person of the freedom of speech, assembly, or the press.

"(c) Sanctions Described.—

"(1) In general.—The sanctions described in this subsection are the following:

"(A) Asset blocking.—The exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the President to be subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

"(B) Exclusion from the united states and revocation of visa or other documentation.—In the case of an alien determined by the President to be subject to subsection (a), denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of any visa or other documentation of the alien.

"(2) Penalties.—A person that violates, attempts to violate, conspires to violate, or causes a violation of a measure imposed pursuant to paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.

"(3) Exception relating to importation of goods.—The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods.

"(4) Exception to comply with united nations headquarters agreement.—Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.

"(d) Implementation; Regulatory Authority.—

"(1) Implementation.—The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.

"(2) Regulatory authority.—The President shall issue such regulations, licenses, and orders as are necessary to carry out this section.

"SEC. 6. ANNUAL CERTIFICATION AND WAIVER.

"(a) Certification.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2018], and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report certifying whether the Government of Nicaragua is taking effective steps—

"(1) to strengthen the rule of law and democratic governance, including the independence of the judicial system and electoral council;

"(2) to combat corruption, including by investigating and prosecuting cases of public corruption;

"(3) to protect civil and political rights, including the rights of freedom of the press, speech, and association, for all people of Nicaragua, including political opposition parties, journalists, trade unionists, human rights defenders, indigenous peoples, and other civil society activists;

"(4) to investigate and hold accountable officials of the Government of Nicaragua and other persons responsible for the killings of individuals associated with the protests in Nicaragua that began on April 18, 2018; and

"(5) to hold free and fair elections overseen by credible domestic and international observers[.]

"(b) Waiver.—

"(1) Temporary general waiver.—If the Secretary certifies to the appropriate congressional committees under subsection (a) that the Government of Nicaragua is taking effective steps as described in that subsection, the President may waive the application of the restrictions under section 4 and sanctions under section 5 for a period of not more than one year beginning on the date of the certification.

"(2) National interest waiver.—The President may waive the application of the restrictions under section 4 and sanctions under section 5 if the President—

"(A) determines that such a waiver is in the national interest of the United States; and

"(B) submits to the appropriate congressional committees a notice of and justification for the waiver.

"(3) Sense of congress.—It is the sense of Congress that the President should exercise the waiver authority provided under paragraph (1) if the Secretary of State certifies under subsection (a) that the Government of Nicaragua is taking effective steps as described in that subsection.

"(c) Consultation.—In preparing a certification required by subsection (a), the Secretary shall consult with the appropriate congressional committees.

"(d) Annual Briefing.—The Secretary shall annually brief the appropriate congressional committees on whether the Government of Nicaragua is taking effective steps as described in subsection (a).

"SEC. 7. REPORT ON HUMAN RIGHTS VIOLATIONS AND CORRUPTION IN NICARAGUA.

"(a) In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, acting through the Assistant Secretary of State for Intelligence and Research, and in coordination with the Secretary of the Treasury and the Director of National Intelligence, shall submit to the appropriate congressional committees a report on—

"(1) the involvement of senior officials of the Government of Nicaragua, including members of the Supreme Electoral Council, the National Assembly, and the judicial system, in human rights violations, acts of significant corruption, and money laundering; and

"(2) persons that transfer, or facilitate the transfer of, goods or technologies for use in or with respect to Nicaragua, that are used by the Government of Nicaragua to commit serious human rights violations against the people of Nicaragua.

"(b) Form.—The report required by subsection (a) may be classified.

"SEC. 8. CIVIL SOCIETY ENGAGEMENT STRATEGY.

"Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall brief the appropriate congressional committees on a strategy—

"(1) for engaging relevant elements of civil society in Nicaragua, including independent media, human rights, and anti-corruption organizations, to strengthen rule of law and increase accountability for human rights abuses and corruption in Nicaragua; and

"(2) setting forth measures to support the protection of human rights and anti-corruption advocates in Nicaragua.

"SEC. 9. REFORM OF WESTERN HEMISPHERE DRUG POLICY COMMISSION.

[Amended section 603(f)(1) of Pub. L. 114–323, which is not classified to the Code.]

"SEC. 10. TERMINATION.

"The provisions of this Act (other than section 9) shall terminate on December 31, 2023.

"SEC. 11. DEFINITIONS.

"In this Act:

"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(A) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Appropriations of the Senate; and

"(B) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives.

"(2) Good.—The term 'good' means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.

"(3) Person.—The term 'person' means an individual or entity.

"(4) United states person.—The term 'United States person' means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including a foreign branch of such an entity), or any person in the United States."

[Memorandum of President of the United States, May 24, 2019, 84 F.R. 27695, delegated to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by section 5(a) of Pub. L. 115–335, set out above, with respect to making a determination under the standards set forth in sections 5(a)(1)–(4); to the Secretary of the Treasury the functions and authorities vested in the President by section 5(a), with respect to the imposition of the sanctions in section 5(c)(1)(A) following a determination by the Secretary of the Treasury under section 5(a); to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by section 5(d); to the Secretary of State the functions and authorities vested in the President by section 5(a), with respect to the imposition of the sanctions in section 5(c)(1)(B) following a determination by the Secretary of the Treasury under section 5(a); and to the Secretary of State, in consultation with the Secretary of the Treasury, the functions and authorities vested in the President by section 6(b). A reference to a provision of Pub. L. 115–335 so delegated is deemed to refer to a provision of any future Act that is the same or substantially the same.]

Policy Regarding Imposition of Sanctions With Respect to Affiliated Networks of Hizballah for Transnational Criminal Activities

Pub. L. 115–272, title II, §201(a), Oct. 25, 2018, 132 Stat. 4150, provided that: "It is the policy of the United States to determine if individuals and entities that are designated by the United States Government on or after the date of the enactment of this Act [Oct. 25, 2018] as being associated with Hizballah are engaged in transnational organized crime or related activities on or after such date of enactment."

Hizballah International Financing Prevention

Pub. L. 114–102, Dec. 18, 2015, 129 Stat. 2205, as amended by Pub. L. 115–272, title I, §§101(a), 102–103(a), 104(a), title II, §§201(b), (c), 202(a), 203(a), title III, §302(a), (c), Oct. 25, 2018, 132 Stat. 4144, 4146, 4147, 4149-4152, 4155, 4156; Pub. L. 117–263, div. F, title LXVIII, §6811(e), Dec. 23, 2022, 136 Stat. 3601, provided that:

"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

"(a) Short Title.—This Act may be cited as the 'Hizballah International Financing Prevention Act of 2015'.

"(b) Table of Contents.—[Omitted.]

"SEC. 2. STATEMENT OF POLICY.

"It shall be the policy of the United States to—

"(1) prevent Hizballah's global logistics and financial network from operating in order to curtail funding of its domestic and international activities; and

"(2) utilize all available diplomatic, legislative, and executive avenues to combat the global criminal activities of Hizballah as a means to block that organization's ability to fund its global terrorist activities.

"TITLE I—PREVENTION OF ACCESS BY HIZBALLAH TO INTERNATIONAL FINANCIAL AND OTHER INSTITUTIONS

"SEC. 101. MANDATORY SANCTIONS WITH RESPECT TO FUNDRAISING AND RECRUITMENT ACTIVITIES FOR HIZBALLAH.

"(a) In General.—The President shall, on or after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [Oct. 25, 2018], impose the sanctions described in subsection (b) with respect to any foreign person that the President determines knowingly provides significant financial, material, or technological support for or to—

"(1) Bayt al-Mal, Jihad al-Bina, the Islamic Resistance Support Association, the Foreign Relations Department of Hizballah, the External Security Organization of Hizballah, or any successor or affiliate thereof as designated by the President;

"(2) al-Manar TV, al Nour Radio, or the Lebanese Media Group, or any successor or affiliate thereof as designated by the President;

"(3) a foreign person determined by the President to be engaged in fundraising or recruitment activities for Hizballah; or

"(4) a foreign person owned or controlled by a person described in paragraph (1), (2), or (3).

"(b) Sanctions Described.—The sanctions described in this subsection are the following:

"(1) Asset blocking.—The exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act (50 U.S.C. 1701) shall not apply) to the extent necessary to block and prohibit all transactions in all property and interests in property of a foreign person determined by the President to be subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

"(2) Aliens ineligible for visas, admission, or parole.—

"(A) Visas, admission, or parole.—An alien who the Secretary of State or the Secretary of Homeland Security (or designee of one of such Secretaries) determines is subject to subsection (a) is—

"(i) inadmissible to the United States;

"(ii) ineligible to receive a visa or other documentation to enter the United States; and

"(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

"(B) Current visas revoked.—

"(i) In general.—The Secretary of State or the Secretary of Homeland Security (or designee of one of such Secretaries) shall revoke any visa or other entry documentation issued to an alien who the President determines is subject to subsection (a), regardless of when issued.

"(ii) Effect of revocation.—A revocation under clause (i) shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the possession of the alien.

"(c) Waiver.—

"(1) In general.—The President may, for periods not to exceed 180 days, waive the imposition of sanctions under this section if the President certifies to the appropriate congressional committees that such waiver is in the national security interests of the United States.

"(2) Briefing.—Not later than 30 days after the issuance of a waiver under paragraph (1) with respect to a foreign person, and every 180 days thereafter while the waiver remains in effect, the President shall brief the appropriate congressional committees on the status of the involvement of the foreign person in activities described in subsection (a).

"(d) Definitions.—In this section:

"(1) Admitted; alien.—The terms 'admitted' and 'alien' have meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).

"(2) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(A) the Committee on Foreign Affairs, the Committee on Ways and Means, the Committee on the Judiciary, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and

"(B) the Committee on Foreign Relations, the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate.

"(3) Entity.—The term 'entity' means a partnership, association, corporation, or other organization, group, or subgroup.

"(4) Foreign person.—The term 'foreign person' means any person that is not a United States person.

"(5) Hizballah.—The term 'Hizballah' has the meaning given such term in section 102(e).

"(6) Person.—The term 'person' means an individual or entity.

"(7) United states person.—The term 'United States person' means a United States citizen, an alien lawfully admitted for permanent residence, an entity organized under the laws of the United States (including foreign branches), or a person in the United States.

"SEC. 102. SANCTIONS WITH RESPECT TO FINANCIAL INSTITUTIONS THAT ENGAGE IN CERTAIN TRANSACTIONS.

"(a) Prohibitions and Conditions With Respect to Certain Accounts Held by Foreign Financial Institutions.—

"(1) In general.—Not later than 120 days after the date of the enactment of this Act [Dec. 18, 2015], the President shall prescribe regulations to prohibit, or impose strict conditions on, the opening or maintaining in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines, on or after such date of enactment, engages in an activity described in paragraph (2).

"(2) Activities described.—A foreign financial institution engages in an activity described in this paragraph if the foreign financial institution—

"(A) knowingly facilitates a significant transaction or transactions for Hizballah;

"(B) knowingly facilitates a significant transaction or transactions of a person identified on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury and the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) for acting on behalf of or at the direction of, or being owned or controlled by, Hizballah;

"(C) knowingly engages in money laundering to carry out an activity described in subparagraph (A) or (B); or

"(D) knowingly facilitates a significant transaction or transactions or provides significant financial services to carry out an activity described in subparagraph (A), (B), or (C).

"(b) Waiver.—

"(1) In general.—The President may waive, on a case-by-case basis, the application of a prohibition or condition imposed with respect to a foreign financial institution pursuant to subsection (a) for a period of not more than 180 days, and may renew the waiver for additional periods of not more than 180 days, on and after the date on which the President—

"(A) determines that such a waiver is in the national security interests of the United States; and

"(B) submits to the appropriate congressional committees a report describing the reasons for such determination.

"(2) Form.—The report required by paragraph (1)(B) shall be submitted in unclassified form, but may contain a classified annex.

"(c) Special Rule To Allow for Termination of Sanctionable Activity.—The President shall not be required to apply sanctions to a foreign financial institution described in subsection (a) if the President certifies in writing to the appropriate congressional committees that—

"(1) the foreign financial institution—

"(A) is no longer engaging in the activity described in subsection (a)(2); or

"(B) has taken and is continuing to take significant verifiable steps toward terminating the activity described in that subsection; and

"(2) the President has received reliable assurances from the government with primary jurisdiction over the foreign financial institution that the foreign financial institution will not engage in any activity described in subsection (a)(2) in the future.

"(d) Report on Financial Institutions Organized Under the Laws of State Sponsors of Terrorism.—

"(1) In general.—Not later than 180 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [Oct. 25, 2018], and every 2 years thereafter for a period not to exceed 4 years, the President shall submit to the appropriate congressional committees a report that—

"(A) identifies each foreign financial institution described in paragraph (2) that the President determines engages in one or more activities described in subsection (a)(2); and

"(B) provides a detailed description of each such activity.

"(2) Foreign financial institution described.—

"(A) In general.—A foreign financial institution described in this paragraph is a foreign financial institution—

"(i) that, wherever located, is—

     "(I) organized under the laws of a state sponsor of terrorism or any jurisdiction within a state sponsor of terrorism;

     "(II) owned or controlled by the government of a state sponsor of terrorism;

     "(III) located in the territory of a state sponsor of terrorism; or

     "(IV) owned or controlled by a foreign financial institution described in subclause (I), (II), or (III); and

"(ii) the capitalization of which exceeds $10,000,000.

"(B) State sponsor of terrorism defined.—In this paragraph, the term 'state sponsor of terrorism' means a country the government of which the Secretary of State has determined is a government that has repeatedly provided support for acts of international terrorism for purposes of—

"(i) section 1754(c) of the Export Control Reform Act of 2018 [50 U.S.C. 4813(c)];

"(ii) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371);

"(iii) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or

"(iv) any other provision of law.

"(e) Definitions.—

"(1) In general.—In this section:

"(A) Account; correspondent account; payable-through account.—The terms 'account', 'correspondent account', and 'payable-through account' have the meanings given those terms in section 5318A of title 31, United States Code.

"(B) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(i) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and

"(ii) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.

"(C) Financial institution.—The term 'financial institution' means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 5312(a)(2) of title 31, United States Code.

"(D) Foreign financial institution.—The term 'foreign financial institution' has the meaning given that term in section 1010.605 of title 31, Code of Federal Regulations.

"(E) Hizballah.—The term 'Hizballah' means—

"(i) the entity known as Hizballah and designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or

"(ii) any person—

     "(I) the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); and

     "(II) who is identified on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury as an agent, instrumentality, or affiliate of Hizballah.

"(F) Money laundering.—The term 'money laundering' includes the movement of illicit cash or cash equivalent proceeds into, out of, or through a country, or into, out of, or through a financial institution.

"(2) Other definitions.—The President may further define the terms used in this section in the regulations prescribed under this section.

"SEC. 103. SANCTIONS AGAINST CERTAIN AGENCIES AND INSTRUMENTALITIES OF FOREIGN STATES.

"(a) Sanctions.—

"(1) In general.—Not later than 180 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [Oct. 25, 2018], and as appropriate thereafter, the President shall impose the sanctions described in paragraph (3) with respect to an agency or instrumentality of a foreign state described in paragraph (2).

"(2) Agency or instrumentality of a foreign state described.—An agency or instrumentality of a foreign state is described in this paragraph if the President determines that the agency or instrumentality has, on or after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018, knowingly—

"(A) conducted significant joint combat operations with, or significantly supported combat operations of, Hizballah; or

"(B) provided significant financial support for or to, or significant arms or related materiel to, Hizballah.

"(3) Sanctions described.—The sanctions described in this paragraph are the exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act (50 U.S.C. 1701) shall not apply) to the extent necessary to block and prohibit all transactions in all property and interests in property of an agency or instrumentality of a foreign state if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

"(b) Waiver.—

"(1) In general.—The President may, for periods not to exceed 180 days, waive the imposition of sanctions under this section with respect to an agency or instrumentality of a foreign state if the President certifies to the appropriate congressional committees that such waiver is vital to the national security interests of the United States.

"(2) Briefing.—Not later than 30 days after the issuance of a waiver under paragraph (1) with respect to an agency or instrumentality of a foreign state, and every 180 days thereafter while the waiver remains in effect, the President shall brief the appropriate congressional committees on the status of the involvement of the agency or instrumentality in activities described in subsection (a)(2).

"(c) Special Rule.—The President shall not be required to impose sanctions under this section with respect to an agency or instrumentality of a foreign state if the Secretary certifies in writing to the appropriate congressional committees that—

"(1) the agency or instrumentality—

"(A) is no longer engaging in activities described in subsection (a)(2); or

"(B) has taken and is continuing to take significant verifiable steps toward terminating such activities; and

"(2) the President has received reliable assurances from the government of the foreign state that the agency or instrumentality will not engage in any activity described in subsection (a)(2) in the future.

"(d) Definitions.—In this section:

"(1) Agency or instrumentality of a foreign state.—The term 'agency or instrumentality of a foreign state' has the meaning given the term in section 1603(b) of title 28, United States Code.

"(2) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(A) the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Ways and Means, the Committee on the Judiciary, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives; and

"(B) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on the Judiciary, Committee on Finance, Committee on Appropriations, and the Select Committee on Intelligence of the Senate.

"(3) Arms or related materiel.—The term 'arms or related materiel' means—

"(A) nuclear, biological, chemical, or radiological weapons or materials or components of such weapons;

"(B) ballistic or cruise missile weapons or materials or components of such weapons; and

"(C) destabilizing numbers and types of advanced conventional weapons.

"(4) Hizballah.—The term 'Hizballah' has the meaning given such term in section 102(e).

"(5) United states person.—The term 'United States person' has the meaning given such term in section 101(d).

"SEC. 104. DIPLOMATIC INITIATIVES TO PREVENT HOSTILE ACTIVITIES BY IRAN AND DISRUPT AND DEGRADE HIZBALLAH'S ILLICIT NETWORKS.

"Not later than 180 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [Oct. 25, 2018], the President shall instruct the Secretary of State, in consultation with the Secretary of the Treasury, to increase cooperation with foreign governments to assist in strengthening the capacity of such governments to prevent hostile activity by Iran and disrupt and degrade Hizballah's illicit activities, including diplomatic engagement that involves—

"(1) efforts to target and expose illicit finance networks, arrest perpetrators, freeze assets, and address Iran and Hizballah's use of illicit financial networks using international trade and banking systems;

"(2) efforts to assist willing governments with the development of counter-organized crime legislation, the strengthening of financial investigative capacity, and a fully-vetted counter-organized crime judicial model in jurisdictions plagued with corruption; and

"(3) efforts to persuade governments to list Hizballah as a terrorist organization.

"SEC. 105. IMPLEMENTATION; PENALTIES; JUDICIAL REVIEW; EXEMPTIONS; RULE OF CONSTRUCTION.

"(a) Implementation.—The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out sections 101, 102, 103, and 201 of this Act.

"(b) Penalties.—The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed to carry out section 101, 102, 103, or 201 of this Act to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206.

"(c) Procedures for Judicial Review of Classified Information.—

"(1) In general.—If a finding under section 101, 102, 103, or 201 of this Act, or a prohibition, condition, or penalty imposed as a result of any such finding, is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)) and a court reviews the finding or the imposition of the prohibition, condition, or penalty, the President may submit such information to the court ex parte and in camera.

"(2) Rule of construction.—Nothing in this subsection shall be construed to confer or imply any right to judicial review of any finding under section 101, 102, 103, or 201 of this Act, or any prohibition, condition, or penalty imposed as a result of any such finding.

"(d) Exemptions.—The following activities shall be exempt from sections 101, 102, 103, and 201 of this Act:

"(1) Any authorized intelligence, law enforcement, or national security activities of the United States.

"(2) Any transaction necessary to comply with United States obligations under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United States, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, or the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or any other United States international agreement.

"(e) Rule of Construction.—Nothing in section 101, 102, 103, or 201 of this Act shall be construed to limit the authority of the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or under any other provision of law.

"(f) Exception Relating to Importation of Goods.—

"(1) In general.—The authorities and requirements to impose sanctions under this Act shall not include the authority or requirement to impose sanctions on the importation of goods.

"(2) Definition.—In this subsection, the term 'good' means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.

"TITLE II—SANCTIONS AND REPORTS RELATING TO NARCOTICS TRAFFICKING AND SIGNIFICANT TRANSNATIONAL CRIMINAL ACTIVITIES OF HIZBALLAH

"SEC. 201. IMPOSITION OF SANCTIONS WITH RESPECT TO AFFILIATED NETWORKS OF HIZBALLAH FOR TRANSNATIONAL CRIMINAL ACTIVITIES.

"(a) In General.—The President shall, on or after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [Oct. 25, 2018], impose the sanctions described in subsection (b) with respect to affiliated networks of Hizballah, including, as appropriate, by reason of significant transnational criminal activities engaged in by such networks.

"(b) Sanctions Described.—The sanctions described in this subsection are sanctions applicable with respect to Hizballah pursuant to any provision of law, including Executive Order 13581 (50 U.S.C. 1701 note; relating to blocking property of transnational criminal organizations) (as such Executive Order was in effect on the day before the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018).

"(c) Waiver.—The President may, for periods not to exceed 180 days, waive the imposition of sanctions under this section if the President certifies to the appropriate congressional committees that such waiver is in the national security interests of the United States.

"(d) Definitions.—In this section:

"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(A) the Committee on Foreign Affairs, the Committee on Ways and Means, the Committee on Appropriations, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and

"(B) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate.

"(2) Hizballah.—The term 'Hizballah' has the meaning given such term in section 102(e).

"SEC. 202. REPORT ON RACKETEERING ACTIVITIES ENGAGED IN BY HIZBALLAH.

"(a) In General.—Not later than 180 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [Oct. 25, 2018], the President shall submit to the appropriate congressional committees a report on information regarding activities that Hizballah, and agents and affiliates of Hizballah, have engaged in that are racketeering activities, including any patterns regarding such racketeering activities.

"(b) Form of Report.—Each report required under subsection (a) shall be submitted in an unclassified form but may contain a classified annex.

"(c) Definitions.—In this section:

"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(A) the Committee on the Judiciary, the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives; and

"(B) the Committee on the Judiciary, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Appropriations of the Senate.

"(2) Hizballah.—The term 'Hizballah' has the meaning given such term in section 102(e).

"(3) Racketeering activity.—The term 'racketeering activity' means any activity that would be considered a racketeering activity (as defined in section 1961(1) of title 18, United States Code) if the activity were engaged in the United States or by a United States person.

"(4) United states person.—The term 'United States person' has the meaning given such term in section 101(d).

"SEC. 203. REWARDS FOR JUSTICE AND HIZBALLAH'S FUNDRAISING, FINANCING, AND MONEY LAUNDERING ACTIVITIES.

"(a) Report.—Not later than 90 days after the date of the enactment of this Act [Dec. 18, 2015], the Secretary of State shall submit to the appropriate congressional committees a report that details actions taken by the Department of State through the Department of State rewards program under section 36 of the State Department Basic Authorities Act [of 1956] (22 U.S.C. 2708) to obtain information on fundraising, financing, and money laundering activities of Hizballah and its agents and affiliates.

"(b) Briefing.—Not later than 90 days after the date of the enactment of this Act [Dec. 18, 2015], and annually thereafter, the Secretary of State shall provide a briefing to the appropriate congressional committees on the status of the actions described in subsection (a).

"(c) Appropriate Congressional Committees Defined.—In this section, the term 'appropriate congressional committees' means—

"(1) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and

"(2) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.

"SEC. 204. REPORT ON ACTIVITIES OF FOREIGN GOVERNMENTS TO DISRUPT GLOBAL LOGISTICS NETWORKS AND FUNDRAISING, FINANCING, AND MONEY LAUNDERING ACTIVITIES OF HIZBALLAH.

"(a) Report.—

"(1) In general.—Not later than 90 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [Oct. 25, 2018], and once every 2 years thereafter for the following 4 years, the President shall submit to the appropriate congressional committees a report that includes—

"(A) a list of countries that support Hizballah or in which Hizballah maintains important portions of its global logistics networks;

"(B) with respect to each country on the list required by subparagraph (A)—

"(i) an assessment of whether the government of the country is taking adequate measures to disrupt the global logistics networks of Hizballah within the territory of the country; and

"(ii) in the case of a country the government of which is not taking adequate measures to disrupt such networks—

     "(I) an assessment of the reasons that government is not taking such adequate measures; and

     "(II) a description of measures being taken by the United States to encourage that government to improve measures to disrupt such networks;

"(C) a list of countries in which Hizballah, or any of its agents or affiliates, conducts significant fundraising, financing, or money laundering activities;

"(D) with respect to each country on the list required by subparagraph (C)—

"(i) an assessment of whether the government of the country is taking adequate measures to disrupt the fundraising, financing, or money laundering activities of Hizballah and its agents and affiliates within the territory of the country; and

"(ii) in the case of a country the government of which is not taking adequate measures to disrupt such activities—

     "(I) an assessment of the reasons that government is not taking such adequate measures; and

     "(II) a description of measures being taken by the United States to encourage that government to improve measures to disrupt such activities;

"(E) a list of methods that Hizballah, or any of its agents or affiliates, utilizes to raise or transfer funds, including trade-based money laundering, the use of foreign exchange houses, free-trade zones, business partnerships and joint ventures, and other investments in small and medium-sized enterprises;

"(F) a list of jurisdictions outside of Lebanon that expressly consent to, or with knowledge allow, the use of their territory by Hizballah to carry out terrorist activities, including training, financing, and recruitment;

"(G) a description of the total aggregate revenues and remittances that Hizballah receives from the global logistics networks of Hizballah;

"(H) a list of Hizballah's sources of revenue, including sources of revenue based on illicit activity, revenues from Iran, charities, and other business activities;

"(I) a list of Hizballah's expenditures, including expenditures for ongoing military operations, social networks, and external operations;

"(J) a description of steps to be taken by Federal agencies to combat the illicit tobacco trafficking networks used by Hizballah;

"(K) an assessment of Hizballah's financial operations in areas under its operational or political control in Lebanon and Syria and available measures to target Hizballah's financial operations in those areas;

"(L) a review of Hizballah's international operational capabilities, including in the United States;

"(M) a review of—

"(i) the total number and value of Hizballah-related assets seized and forfeited; and

"(ii) the total number of indictments, prosecutions, and extraditions of Hizballah members or affiliates; and

"(N) a review of efforts by the United States to prevent hostile activities by Iran and disrupt and degrade Hizballah's illicit networks in the Western Hemisphere, including interagency coordination to ensure that information-sharing, interdictions, arrests, investigations, indictments, sanctions, and designations related to Hizballah individuals or networks in the Western Hemisphere are integrated, coordinated, and publicly communicated by the United States in a manner that supports United States interests.

"(2) Form.—The report required by paragraph (1) shall be submitted in unclassified form to the greatest extent possible, and may contain a classified annex.

"(3) Global logistics networks of hizballah.—In this subsection, the term 'global logistics networks of Hizballah', 'global logistics networks', or 'networks' means financial, material, or technological support for, or financial or other services in support of, Hizballah.

"(b) Enhanced Due Diligence.—

"(1) In general.—The President is authorized to require each financial institution in the United States that knowingly maintains a correspondent account or a payable-through account in the United States for a foreign financial institution described in paragraph (2) to establish enhanced due diligence policies, procedures, and controls in accordance with section 5318(i)(2)(B) of title 31, United States Code, and regulations to implement such section with respect to such accounts.

"(2) Foreign financial institution described.—A foreign financial institution described in this paragraph is a foreign financial institution that the President determines provides significant financial services to persons operating in a jurisdiction identified in unclassified form in the list required under subsection (a)(1)(F).

"(3) Definitions.—In this subsection, the terms 'correspondent account' and 'payable-through account' have the meanings given those terms in section 5318A of title 31, United States Code.

"(c) Briefing on Hizballah's Assets and Activities Related To Fundraising, Financing, and Money Laundering Worldwide.—Not later than 90 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [Oct. 25, 2018], and annually thereafter for the following 4 years, the Secretary of State, the Secretary of the Treasury, and the heads of other applicable Federal departments and agencies shall provide to the appropriate congressional committees a briefing on the disposition of Hizballah's assets and activities related to fundraising, financing, and money laundering worldwide and on any requirements for enhanced due diligence prescribed under subsection (b).

"(d) Appropriate Congressional Committees Defined.—In this section, the term 'appropriate congressional committees' means—

"(1) the Committee on Foreign Affairs, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and

"(2) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate.

"TITLE III—MISCELLANEOUS PROVISIONS

"SEC. 301. RULE OF CONSTRUCTION.

"Nothing in this Act or any amendment made by this Act shall apply to the authorized intelligence activities of the United States.

"SEC. 302. REGULATORY AUTHORITY.

"(a) In General.—The President shall, not later than 120 days after the date of the enactment of this Act [Dec. 18, 2015], promulgate regulations as necessary for the implementation of this Act and the amendments made by this Act.

"(b) Notification to Congress.—Not less than 10 days before the promulgation of regulations under subsection (a), the President shall notify the appropriate congressional committees of the proposed regulations and the provisions of this Act and the amendments made by this Act that the regulations are implementing.

"(c) Appropriate Congressional Committees Defined.—In this section, the term 'appropriate congressional committees' means—

"(1) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and

"(2) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.

"SEC. 303. TERMINATION.

"This Act shall terminate on the date that is 30 days after the date on which the President certifies to Congress that Hizballah—

"(1) is no longer designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); and

"(2) is no longer designated for the imposition of sanctions pursuant to Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism)."

[Pub. L. 117–263, §6811(e), which directed amendment of section 204(b) of Pub. L. 114–102, set out above, by substituting "annually" for "every 180 days", was executed to section 204(c) of Pub. L. 114–102, to reflect the probable intent of Congress.]

[Memorandum of President of the United States, Jan. 15, 2019, 84 F.R. 3963, delegated to the Secretary of State the functions and authorities vested in the President by sections 101(b)(2), 101(c), 102(b), 103(b–c), and 201(c) of Pub. L. 114–102, set out above; to the Secretary of the Treasury the functions and authorities vested in the President by sections 101(a), 101(b)(1), 102(a), 102(c), 103(a), 201(a–b), 204(b), and 302 of Pub. L. 114–102; and to the Director of National Intelligence the functions and authorities vested in the President by sections 202 and 204(a, c–d) of Pub. L. 114–102, and any future Act that is the same or substantially the same as such provisions, and rescinded and replaced any prior delegations of authority to the Secretary of the Treasury, the Secretary of State, and the Director of National Intelligence under Pub. L. 114–102.]

[Memorandum of President of the United States, Mar. 18, 2016, 81 F.R. 15421, which delegated to the Director of National Intelligence the functions and authorities vested in the President by sections 101, 201, and 202 of Pub. L. 114–102, set out above, was rescinded and replaced by Memorandum of President of the United States, Jan. 15, 2019, 84 F.R. 3963, see above.]

[Memorandum of President of the United States, Mar. 18, 2016, 81 F.R. 15423, which delegated to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by sections 102(a), 102(c), 204, and 302 of Pub. L. 114–102, set out above, was rescinded and replaced by Memorandum of President of the United States, Jan. 15, 2019, 84 F.R. 3963, see above.]

[Memorandum of President of the United States, Mar. 18, 2016, 81 F.R. 18739, which delegated to the Secretary of State the functions and authorities vested in the President by section 102(b) of Pub. L. 114–102, set out above, was rescinded and replaced by Memorandum of President of the United States, Jan. 15, 2019, 84 F.R. 3963, see above.]

Venezuela Defense of Human Rights and Civil Society

Pub. L. 113–278, Dec. 18, 2014, 128 Stat. 3011, as amended by Pub. L. 114–194, §2, July 15, 2016, 130 Stat. 674; Pub. L. 116–94, div. J, title I, §183(a), Dec. 20, 2019, 133 Stat. 3048, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Venezuela Defense of Human Rights and Civil Society Act of 2014'.

"SEC. 2. FINDINGS.

"Congress makes the following findings:

"(1) The Central Bank of Venezuela and the National Statistical Institute of Venezuela stated that the annual inflation rate in Venezuela in 2013 was 56.30, the highest level of inflation in the Western Hemisphere and the third highest level of inflation in the world behind South Sudan and Syria.

"(2) The Central Bank of Venezuela and the Government of Venezuela have imposed a series of currency controls that has exacerbated economic problems and, according to the World Economic Forum, has become the most problematic factor for doing business in Venezuela.

"(3) The Central Bank of Venezuela declared that the scarcity index of Venezuela reached 29.4 percent in March 2014, which signifies that fewer than one in 4 basic goods is unavailable at any given time. The Central Bank has not released any information on the scarcity index since that time.

"(4) Since 1999, violent crime in Venezuela has risen sharply and the Venezuelan Violence Observatory, an independent nongovernmental organization, found the national per capita murder rate to be 79 per 100,000 people in 2013.

"(5) The international nongovernmental organization Human Rights Watch recently stated, 'Under the leadership of President Chàvez [sic] and now President Maduro, the accumulation of power in the executive branch and the erosion of human rights guarantees have enabled the government to intimidate, censor, and prosecute its critics.'.

"(6) The Country Reports on Human Rights Practices for 2013 of the Department of State maintained that in Venezuela 'the government did not respect judicial independence or permit judges to act according to the law without fear of retaliation' and 'the government used the judiciary to intimidate and selectively prosecute political, union, business, and civil society leaders who were critical of government policies or actions'.

"(7) The Government of Venezuela has detained foreign journalists and threatened and expelled international media outlets operating in Venezuela, and the international nongovernmental organization Freedom House declared that Venezuela's 'media climate is permeated by intimidation, sometimes including physical attacks, and strong antimedia rhetoric by the government is common'.

"(8) Since February 4, 2014, the Government of Venezuela has responded to antigovernment protests with violence and killings perpetrated by its public security forces.

"(9) In May 2014, Human Rights Watch found that the unlawful use of force perpetrated against antigovernment protesters was 'part of a systematic practice by the Venezuelan security forces'.

"(10) As of September 1, 2014, 41 people had been killed, approximately 3,000 had been arrested unjustly, and more than 150 remained in prison and faced criminal charges as a result of antigovernment demonstrations throughout Venezuela.

"(11) Opposition leader Leopoldo Lopez was arrested on February 18, 2014, in relation to the protests and was unjustly charged with criminal incitement, conspiracy, arson, and property damage. Since his arrest, Lopez has been held in solitary confinement and has been denied 58 out of 60 of his proposed witnesses at his ongoing trial.

"(12) As of September 1, 2014, not a single member of the public security forces of the Government of Venezuela had been held accountable for acts of violence perpetrated against antigovernment protesters.

"SEC. 3. SENSE OF CONGRESS REGARDING ANTIGOVERNMENT PROTESTS IN VENEZUELA AND THE NEED TO PREVENT FURTHER VIOLENCE IN VENEZUELA.

"It is the sense of Congress that—

"(1) the United States aspires to a mutually beneficial relationship with Venezuela based on respect for human rights and the rule of law and a functional and productive relationship on issues of public security, including counternarcotics and counterterrorism;

"(2) the United States supports the people of Venezuela in their efforts to realize their full economic potential and to advance representative democracy, human rights, and the rule of law within their country;

"(3) the chronic mismanagement by the Government of Venezuela of its economy has produced conditions of economic hardship and scarcity of basic goods and foodstuffs for the people of Venezuela;

"(4) the failure of the Government of Venezuela to guarantee minimal standards of public security for its citizens has led the country to become one of the most violent and corrupt in the world;

"(5) the Government of Venezuela continues to take steps to remove checks and balances on the executive, politicize the judiciary, undermine the independence of the legislature through use of executive decree powers, persecute and prosecute its political opponents, curtail freedom of the press, and limit the free expression of its citizens;

"(6) Venezuelans, responding to ongoing economic hardship, high levels of crime and violence, and the lack of basic political rights and individual freedoms, have turned out in demonstrations in Caracas and throughout the country to protest the failure of the Government of Venezuela to protect the political and economic well-being of its citizens; and

"(7) the repeated use of violence perpetrated by the National Guard and security personnel of Venezuela, as well as persons acting on behalf of the Government of Venezuela, against antigovernment protesters that began on February 4, 2014, is intolerable and the use of unprovoked violence by protesters is also a matter of serious concern.

"SEC. 4. UNITED STATES POLICY TOWARD VENEZUELA.

"It is the policy of the United States—

"(1) to support the people of Venezuela in their aspiration to live under conditions of peace and representative democracy as defined by the Inter-American Democratic Charter of the Organization of American States;

"(2) to work in concert with the other member states within the Organization of American States, as well as the countries of the European Union, to ensure the peaceful resolution of the current situation in Venezuela and the immediate cessation of violence against antigovernment protestors;

"(3) to hold accountable government and security officials in Venezuela responsible for or complicit in the use of force in relation to antigovernment protests and similar future acts of violence; and

"(4) to continue to support the development of democratic political processes and independent civil society in Venezuela.

"SEC. 5. SANCTIONS ON PERSONS RESPONSIBLE FOR VIOLENCE IN VENEZUELA.

"(a) In General.—The President shall impose the sanctions described in subsection (b) with respect to any foreign person, including any current or former official of the Government of Venezuela or any person acting on behalf of that Government, that the President determines—

"(1) has perpetrated, or is responsible for ordering or otherwise directing, significant acts of violence or serious human rights abuses in Venezuela against persons associated with the antigovernment protests in Venezuela that began on February 4, 2014;

"(2) has ordered or otherwise directed the arrest or prosecution of a person in Venezuela primarily because of the person's legitimate exercise of freedom of expression or assembly; or

"(3) has knowingly materially assisted, sponsored, or provided significant financial, material, or technological support for, or goods or services in support of, the commission of acts described in paragraph (1) or (2).

"(b) Sanctions Described.—

"(1) In general.—The sanctions described in this subsection are the following:

"(A) Asset blocking.—The exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the President to be subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

"(B) Exclusion from the united states and revocation of visa or other documentation.—In the case of an alien determined by the President to be subject to subsection (a), denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of any visa or other documentation of the alien.

"(2) Penalties.—A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.

"(3) Exception relating to importation of goods.—The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods.

"(4) Exception to comply with united nations headquarters agreement.—Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.

"(c) Waiver.—The President may waive the application of sanctions under subsection (b) with respect to a person if the President—

"(1) determines that such a waiver is in the national interest of the United States; and

"(2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Banking Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives a notice of and justification for the waiver.

"(d) Regulatory Authority.—The President shall issue such regulations, licenses, and orders as are necessary to carry out this section.

"(e) Termination.—The requirement to impose sanctions under this section shall terminate on December 31, 2023.

"(f) Definitions.—In this section:

"(1) Admitted; alien.—The terms 'admitted' and 'alien' have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).

"(2) Financial institution.—The term 'financial institution' has the meaning given that term in section 5312 of title 31, United States Code.

"(3) Foreign person.—The term 'foreign person' means a person that is not a United States person.

"(4) Good.—The term 'good' has the meaning given that term in [former] section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) [former 50 U.S.C. 4618] (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)).

"(5) Knowingly.—The term 'knowingly', with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.

"(6) Materially assisted.—The term 'materially assisted' means the provision of assistance that is significant and of a kind directly relevant to acts described in paragraph (1) or (2) of subsection (a).

"(7) United states person.—The term 'United States person' means—

"(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or

"(B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.

"SEC. 6. REPORT ON BROADCASTING, INFORMATION DISTRIBUTION, AND CIRCUMVENTION TECHNOLOGY DISTRIBUTION IN VENEZUELA.

"(a) In General.—Not later than 30 days after the date of the enactment of this Act [Dec. 18, 2014], the Chairman of the Broadcasting Board of Governors (in this section referred to as the 'Board') shall submit to Congress a report that includes—

"(1) a thorough evaluation of the governmental, political, and technological obstacles faced by the people of Venezuela in their efforts to obtain accurate, objective, and comprehensive news and information about domestic and international affairs;

"(2) an assessment of current efforts relating to broadcasting, information distribution, and circumvention technology distribution in Venezuela, by the United States Government and otherwise; and

"(3) a strategy for expanding such efforts in Venezuela, including recommendations for additional measures to expand upon current efforts.

"(b) Elements.—The report required by subsection (a) shall include—

"(1) an assessment of the current level of Federal funding dedicated to broadcasting, information distribution, and circumvention technology distribution in Venezuela by the Board before the date of the enactment of this Act;

"(2) an assessment of the extent to which the current level and type of news and related programming and content provided by the Voice of America and other sources is addressing the informational needs of the people of Venezuela; and

"(3) recommendations for increasing broadcasting, information distribution, and circumvention technology distribution in Venezuela."

Imposition of Sanctions With Respect to Support for the Rebel Group Known as M23

Pub. L. 112–239, div. A, title XII, §1284, Jan. 2, 2013, 126 Stat. 2035, provided that:

"(a) Blocking of Assets.—

"(1) In general.—The Secretary of the Treasury shall, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or Executive Order 13413 (74[71] Fed. Reg. 64105; relating to blocking property of certain persons contributing to the conflict in the Democratic Republic of the Congo), block and prohibit all transactions in all property and interests in property of a person described in subsection (c) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

"(2) Exception.—

"(A) In general.—The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1) shall not include the authority to impose sanctions on the importation of goods.

"(B) Good defined.—In this paragraph, the term 'good' has the meaning given that term in [former] section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) [former 50 U.S.C. 4618] (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)).

"(b) Visa Ban.—The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien who is a person described in subsection (c).

"(c) Persons Described.—A person described in this subsection is a person that the President determines provides, on or after the date of the enactment of this Act [Jan. 2, 2013], significant financial, material, or technological support to M23.

"(d) Waiver.—The President may waive the application of this section with respect to a person if the President determines and reports to the appropriate congressional committees that the waiver is in the national interest of the United States.

"(e) Termination of Sanctions.—Sanctions imposed under this section may terminate 15 days after the date on which the President determines and reports to the appropriate congressional committees that the person covered by such determination has terminated the provision of significant financial, material, and technological support to M23.

"(f) Termination of Section.—This section shall terminate on the date that is 15 days after the date on which the President determines and reports to the appropriate congressional committees that M23 is no longer a significant threat to peace and security in the Democratic Republic of the Congo.

"(g) Definitions.—In this section:

"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate; and

"(B) the Committee on Financial Services, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives.

"(2) M23.—The term 'M23' refers to the rebel group known as M23 operating in the Democratic Republic of the Congo that derives its name from the March 23, 2009, agreement between the Government of the Democratic Republic of the Congo and the National Congress for the Defense of the People (or any successor group).

"(3) United states person.—The term 'United States person' means—

"(A) an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States; or

"(B) an entity organized under the laws of the United States or of any jurisdiction within the United States."

Sudan Accountability and Divestment

Pub. L. 110–174, Dec. 31, 2007, 121 Stat. 2516, as amended by Pub. L. 111–195, title II, §205(a), July 1, 2010, 124 Stat. 1344, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Sudan Accountability and Divestment Act of 2007'.

"SEC. 2. DEFINITIONS.

"In this Act:

"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and

"(B) the Committee on Financial Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.

"(2) Business operations.—The term 'business operations' means engaging in commerce in any form in Sudan, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

"(3) Executive agency.—The term 'executive agency' has the meaning given the term in section 4 of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 403) [see 41 U.S.C. 133].

"(4) Government of sudan.—The term 'Government of Sudan'—

"(A) means the government in Khartoum, Sudan, which is led by the National Congress Party (formerly known as the National Islamic Front) or any successor government formed on or after October 13, 2006 (including the coalition National Unity Government agreed upon in the Comprehensive Peace Agreement for Sudan); and

"(B) does not include the regional government of southern Sudan.

"(5) Marginalized populations of sudan.—The term 'marginalized populations of Sudan' refers to—

"(A) adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act [of 2006] (Public Law 109–344; 50 U.S.C. 1701 note); and

"(B) marginalized areas in Northern Sudan described in section 4(9) of such Act.

"(6) Military equipment.—The term 'military equipment' means—

"(A) weapons, arms, military supplies, and equipment that readily may be used for military purposes, including radar systems or military-grade transport vehicles; or

"(B) supplies or services sold or provided directly or indirectly to any force actively participating in armed conflict in Sudan.

"(7) Mineral extraction activities.—The term 'mineral extraction activities' means exploring, extracting, processing, transporting, or wholesale selling or trading of elemental minerals or associated metal alloys or oxides (ore), including gold, copper, chromium, chromite, diamonds, iron, iron ore, silver, tungsten, uranium, and zinc.

"(8) Oil-related activities.—

"(A) In general.—Except as provided in subparagraph (B), the term 'oil-related activities' means—

"(i) exporting, extracting, producing, refining, processing, exploring for, transporting, selling, or trading oil; and

"(ii) constructing, maintaining, or operating a pipeline, refinery, or other oilfield infrastructure.

"(B) Exclusions.—A person shall not be considered to be involved in an oil-related activity if—

"(i) the person is involved in the retail sale of gasoline or related consumer products in Sudan but is not involved in any other activity described in subparagraph (A); or

"(ii) the person is involved in leasing, or owns, rights to an oil block in Sudan but is not involved in any other activity described in subparagraph (A).

"(9) Person.—The term 'person' means—

"(A) a natural person, corporation, company, business association, partnership, society, trust, any other nongovernmental entity, organization, or group;

"(B) any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))); and

"(C) any successor, subunit, parent company or subsidiary of any entity described in subparagraph (A) or (B).

"(10) Power production activities.—The term 'power production activities' means any business operation that involves a project commissioned by the National Electricity Corporation of Sudan or other similar entity of the Government of Sudan whose purpose is to facilitate power generation and delivery, including establishing power-generating plants or hydroelectric dams, selling or installing components for the project, or providing service contracts related to the installation or maintenance of the project.

"(11) State.—The term 'State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

"(12) State or local government.—The term 'State or local government' includes—

"(A) any State and any agency or instrumentality thereof;

"(B) any local government within a State, and any agency or instrumentality thereof;

"(C) any other governmental instrumentality; and

"(D) any public institution of higher education within the meaning of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).

"SEC. 3. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST FROM CERTAIN COMPANIES DIRECTLY INVESTED IN CERTAIN SUDANESE SECTORS.

"(a) Sense of Congress.—It is the sense of Congress that the United States Government should support the decision of any State or local government to divest from, or to prohibit the investment of assets of the State or local government in, a person that the State or local government determines poses a financial or reputational risk.

"(b) Authority To Divest.—Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (e) to divest the assets of the State or local government from, or prohibit investment of the assets of the State or local government in, persons that the State or local government determines, using credible information available to the public, are conducting or have direct investments in business operations described in subsection (d).

"(c) Notice to Department of Justice.—Not later than 30 days after adopting a measure pursuant to subsection (b), a State or local government shall submit written notice to the Attorney General describing the measure.

"(d) Business Operations Described.—

"(1) In general.—Business operations described in this subsection are business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment.

"(2) Exceptions.—Business operations described in this subsection do not include business operations that the person conducting the business operations can demonstrate—

"(A) are conducted under contract directly and exclusively with the regional government of southern Sudan;

"(B) are conducted under a license from the Office of Foreign Assets Control, or are expressly exempted under Federal law from the requirement to be conducted under such a license;

"(C) consist of providing goods or services to marginalized populations of Sudan;

"(D) consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

"(E) consist of providing goods or services that are used only to promote health or education; or

"(F) have been voluntarily suspended.

"(e) Requirements.—Any measure taken by a State or local government under subsection (b) shall meet the following requirements:

"(1) Notice.—The State or local government shall provide written notice and an opportunity to comment in writing to each person to whom a measure is to be applied.

"(2) Timing.—The measure shall apply to a person not earlier than the date that is 90 days after the date on which written notice is provided to the person under paragraph (1).

"(3) Applicability.—The measure shall not apply to a person that demonstrates to the State or local government that the person does not conduct or have direct investments in business operations described in subsection (d).

"(4) Sense of congress on avoiding erroneous targeting.—It is the sense of Congress that a State or local government should not adopt a measure under subsection (b) with respect to a person unless the State or local government has made every effort to avoid erroneously targeting the person and has verified that the person conducts or has direct investments in business operations described in subsection (d).

"(f) Definitions.—In this section:

"(1) Investment.—The 'investment' of assets, with respect to a State or local government, includes—

"(A) a commitment or contribution of assets;

"(B) a loan or other extension of credit of assets; and

"(C) the entry into or renewal of a contract for goods or services.

"(2) Assets.—

"(A) In general.—Except as provided in subparagraph (B), the term 'assets' refers to public monies and includes any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled by a State or local government.

"(B) Exception.—The term 'assets' does not include employee benefit plans covered by title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.).

"(g) Nonpreemption.—A measure of a State or local government authorized under subsection (b) is not preempted by any Federal law or regulation.

"(h) Effective Date.—

"(1) In general.—Except as provided in paragraph (2), this section applies to measures adopted by a State or local government before, on, or after the date of the enactment of this Act [Dec. 31, 2007].

"(2) Notice requirements.—Subsections (c) and (e) apply to measures adopted by a State or local government on or after the date of the enactment of this Act.

"SEC. 4. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET MANAGERS.

"(a) In General.—[Amended section 80a–13 of Title 15, Commerce and Trade]

"(b) SEC Regulations.—Not later than 120 days after the date of the enactment of this Act [Dec. 31, 2007], the Securities and Exchange Commission shall prescribe regulations, in the public interest and for the protection of investors, to require disclosure by each registered investment company that divests itself of securities in accordance with section 13(c) of the Investment Company Act of 1940 [15 U.S.C. 80a–13(c)]. Such rules shall require the disclosure to be included in the next periodic report filed with the Commission under section 30 of such Act (15 U.S.C. 80a–29) following such divestiture.

"SEC. 5. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN INVESTMENTS.

"It is the sense of Congress that a fiduciary of an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)), may divest plan assets from, or avoid investing plan assets in, any person the fiduciary determines is conducting or has direct investments in business operations in Sudan described in section 3(d) of this Act, without breaching the responsibilities, obligations, or duties imposed upon the fiduciary by subparagraph (A) or (B) of section 404(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)(1)), if—

"(1) the fiduciary makes such determination using credible information that is available to the public; and

"(2) the fiduciary prudently determines that the result of such divestment or avoidance of investment would not be expected to provide the employee benefit plan with—

"(A) a lower rate of return than alternative investments with commensurate degrees of risk; or

"(B) a higher degree of risk than alternative investments with commensurate rates of return.

"SEC. 6. PROHIBITION ON UNITED STATES GOVERNMENT CONTRACTS.

"(a) Certification Requirement.—The head of each executive agency shall ensure that each contract entered into by such executive agency for the procurement of goods or services includes a clause that requires the contractor to certify to the contracting officer that the contractor does not conduct business operations in Sudan described in section 3(d).

"(b) Remedies.—

"(1) In general.—The head of an executive agency may impose remedies as provided in this subsection if the head of the executive agency determines that the contractor has submitted a false certification under subsection (a) after the date the Federal Acquisition Regulation is amended under subsection (e) to implement the requirements of this section.

"(2) Termination.—The head of an executive agency may terminate a covered contract upon the determination of a false certification under paragraph (1).

"(3) Suspension and debarment.—The head of an executive agency may debar or suspend a contractor from eligibility for Federal contracts upon the determination of a false certification under paragraph (1). The debarment period may not exceed 3 years.

"(4) Inclusion on list of parties excluded from federal procurement and nonprocurement programs.—The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation issued under section 25 of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 421) [see 41 U.S.C. 1303] each contractor that is debarred, suspended, proposed for debarment or suspension, or declared ineligible by the head of an executive agency on the basis of a determination of a false certification under paragraph (1).

"(5) Rule of construction.—This section shall not be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under paragraph (1).

"(c) Waiver.—

"(1) In general.—The President may waive the requirement of subsection (a) on a case-by-case basis if the President determines and certifies in writing to the appropriate congressional committees that it is in the national interest to do so.

"(2) Reporting requirement.—Not later than April 15, 2008, and semi-annually thereafter, the Administrator for Federal Procurement Policy shall submit to the appropriate congressional committees a report on waivers granted under paragraph (1).

"(d) Implementation Through the Federal Acquisition Regulation.—Not later than 120 days after the date of the enactment of this Act [Dec. 31, 2007], the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation issued pursuant to section 25 of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 421) [see 41 U.S.C. 1303] to provide for the implementation of the requirements of this section.

"(e) Report.—Not later than one year after the date the Federal Acquisition Regulation is amended under subsection (e) to implement the requirements of this section, the Administrator of General Services, with the assistance of other executive agencies, shall submit to the Office of Management and Budget and the appropriate congressional committees a report on the actions taken under this section.

"SEC. 7. SENSE OF CONGRESS ON EFFORTS BY OTHER COUNTRIES.

"It is the sense of Congress that the governments of all other countries should adopt measures, similar to those contained in this Act, to publicize the activities of all persons that, through their financial dealings, knowingly or unknowingly enable the Government of Sudan to continue to oppress and commit genocide against people in the Darfur region and other regions of Sudan, and to authorize divestment from, and the avoidance of further investment in, such persons.

"SEC. 8. SENSE OF CONGRESS ON PEACEKEEPING EFFORTS IN SUDAN.

"It is the sense of Congress that the President should—

"(1) continue to work with other members of the international community, including the Permanent Members of the United Nations Security Council, the African Union, the European Union, the Arab League, and the Government of Sudan to facilitate the urgent deployment of a peacekeeping force to Sudan; and

"(2) bring before the United Nations Security Council, and call for a vote on, a resolution requiring meaningful multilateral sanctions against the Government of Sudan in response to its acts of genocide against the people of Darfur and its continued refusal to allow the implementation of a peacekeeping force in Sudan.

"SEC. 9. SENSE OF CONGRESS ON THE INTERNATIONAL OBLIGATIONS OF THE UNITED STATES.

"It is the sense of Congress that nothing in this Act—

"(1) conflicts with the international obligations or commitments of the United States; or

"(2) affects article VI, clause 2, of the Constitution of the United States.

"SEC. 10. REPORTS ON SANCTIONS IN SUPPORT OF PEACE IN DARFUR.

"(a) In General.—The Secretary of State and the Secretary of the Treasury shall submit to the appropriate congressional committees a report assessing the effectiveness of sanctions imposed with respect to Sudan at the time the Secretary of State and the Secretary of the Treasury submits [sic] reports required under—

"(1) the Sudan Peace Act (Public Law 107–245; 50 U.S.C. 1701 note) [formerly set out as a note below];

"(2) the Comprehensive Peace in Sudan Act of 2004 (Public Law 108–497; 50 U.S.C. 1701 note) [formerly set out as a note below]; and

"(3) the Darfur Peace and Accountability Act of 2006 (Public Law 109–344; 50 U.S.C. 1701 note).

"(b) Additional Report by the Secretary of the Treasury.—The Secretary of the Treasury shall submit to the appropriate congressional committees a report assessing the effectiveness of sanctions imposed with respect to Sudan under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) at the time the President submits the reports required by section 204(c) of such Act (50 U.S.C. 1703(c)) with respect to Executive Order 13,067 [13067] (50 U.S.C. 1701 note; relating to blocking property of persons in connection with the conflict in Sudan's region of Darfur).

"(c) Contents.—The reports required by subsections (a) and (b) shall include—

"(1) a description of each sanction imposed under a law or executive order described in subsection (a) or (b);

"(2) the name of the person subject to the sanction, if any; and

"(3) whether or not the person subject to the sanction is also subject to sanctions imposed by the United Nations.

"SEC. 11. REPEAL OF REPORTING REQUIREMENT.

"Section 6305 of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 110–28; 121 Stat. 172) is repealed.

"SEC. 12. TERMINATION.

"The provisions of sections 3, 4, 5, 6, and 10 shall terminate 30 days after the date on which the President has certified to Congress that the Government of Sudan has honored its commitments to—

"(1) abide by United Nations Security Council Resolution 1769 (2007);

"(2) cease attacks on civilians;

"(3) demobilize and demilitarize the Janjaweed and associated militias;

"(4) grant free and unfettered access for delivery of humanitarian assistance; and

"(5) allow for the safe and voluntary return of refugees and internally displaced persons."

Darfur Peace and Accountability

Pub. L. 109–344, Oct. 13, 2006, 120 Stat. 1869, as amended by Pub. L. 116–283, div. A, title XII, §1270D, Jan. 1, 2021, 134 Stat. 3978, provided that:

"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

"(a) Short Title.—This Act may be cited as the 'Darfur Peace and Accountability Act of 2006'.

"(b) Table of Contents.—[Omitted.]

"SEC. 2. DEFINITIONS.

"In this Act:

"(1) AMIS.—The term 'AMIS' means the African Union Mission in Sudan.

"(2) Appropriate congressional committees.—The term 'appropriate congressional committees' means the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives.

"(3) Comprehensive peace agreement for sudan.—The term 'Comprehensive Peace Agreement for Sudan' means the peace agreement signed by the Government of Sudan and the SPLM/A in Nairobi, Kenya, on January 9, 2005.

"(4) Darfur peace agreement.—The term 'Darfur Peace Agreement' means the peace agreement signed by the Government of Sudan and by Minni Minnawi, leader of the Sudan Liberation Movement/Army Faction, in Abuja, Nigeria, on May 5, 2006.

"(5) Government of sudan.—The term 'Government of Sudan'—

"(A) means—

"(i) the government in Khartoum, Sudan, which is led by the National Congress Party (formerly known as the National Islamic Front); or

"(ii) any successor government formed on or after the date of the enactment of this Act [Oct. 13, 2006] (including the coalition National Unity Government agreed upon in the Comprehensive Peace Agreement for Sudan); and

"(B) does not include the regional government of Southern Sudan.

"(6) Officials of the government of sudan.—The term 'official of the Government of Sudan' does not include any individual—

"(A) who was not a member of such government before July 1, 2005; or

"(B) who is a member of the regional government of Southern Sudan.

"(7) SPLM/A.—The term 'SPLM/A' means the Sudan People's Liberation Movement/Army.

"SEC. 3. FINDINGS.

"Congress makes the following findings:

"(1) On July 23, 2004, Congress declared, 'the atrocities unfolding in Darfur, Sudan, are genocide'.

"(2) On September 9, 2004, Secretary of State Colin L. Powell stated before the Committee on Foreign Relations of the Senate, 'genocide has occurred and may still be occurring in Darfur', and 'the Government of Sudan and the Janjaweed bear responsibility'.

"(3) On September 21, 2004, in an address before the United Nations General Assembly, President George W. Bush affirmed the Secretary of State's finding and stated, '[a]t this hour, the world is witnessing terrible suffering and horrible crimes in the Darfur region of Sudan, crimes my government has concluded are genocide'.

"(4) On July 30, 2004, the United Nations Security Council passed Security Council Resolution 1556 (2004), calling upon the Government of Sudan to disarm the Janjaweed militias and to apprehend and bring to justice Janjaweed leaders and their associates who have incited and carried out violations of human rights and international humanitarian law, and establishing a ban on the sale or supply of arms and related materiel of all types, including the provision of related technical training or assistance, to all nongovernmental entities and individuals, including the Janjaweed.

"(5) On September 18, 2004, the United Nations Security Council passed Security Council Resolution 1564 (2004), determining that the Government of Sudan had failed to meet its obligations under Security Council Resolution 1556 (2004), calling for a military flight ban in and over the Darfur region, demanding the names of Janjaweed militiamen disarmed and arrested for verification, establishing an International Commission of Inquiry on Darfur to investigate violations of international humanitarian and human rights laws, and threatening sanctions should the Government of Sudan fail to fully comply with Security Council Resolutions 1556 (2004) and 1564 (2004), including such actions as to affect Sudan's petroleum sector or individual members of the Government of Sudan.

"(6) The Report of the International Commission of Inquiry on Darfur, submitted to the United Nations Secretary-General on January 25, 2005, established that the 'Government of the Sudan and the Janjaweed are responsible for serious violations of international human rights and humanitarian law amounting to crimes under international law,' that 'these acts were conducted on a widespread and systematic basis, and therefore may amount to crimes against humanity,' and that officials of the Government of Sudan and other individuals may have acted with 'genocidal intent'.

"(7) On March 24, 2005, the United Nations Security Council passed Security Council Resolution 1590 (2005), establishing the United Nations Mission in Sudan (referred to in this section as the 'UNMIS'), consisting of up to 10,000 military personnel and 715 civilian police tasked with supporting the implementation of the Comprehensive Peace Agreement for Sudan and to 'closely and continuously liaise and coordinate at all levels with the African Union Mission in Sudan (AMIS)', which had been established by the African Union on May 24, 2004, to monitor the implementation of the N'Djamena Humanitarian Ceasefire Agreement, signed on April 8, 2004, 'with a view towards expeditiously reinforcing the effort to foster peace in Darfur'.

"(8) On March 29, 2005, the United Nations Security Council passed Security Council Resolution 1591 (2005), extending the military embargo established by Security Council Resolution 1556 (2004) to all the parties to the N'Djamena Ceasefire Agreement of April 8, 2004, and any other belligerents in the states of North Darfur, South Darfur, and West Darfur, calling for an asset freeze and travel ban against those individuals who impede the peace process, constitute a threat to stability in Darfur and the region, commit violations of international humanitarian or human rights law or other atrocities, are responsible for offensive military overflights, or violate the military embargo, and establishing a Committee of the Security Council and a panel of experts to assist in monitoring compliance with Security Council Resolutions 1556 (2004) and 1591 (2005).

"(9) On March 31, 2005, the United Nations Security Council passed Security Council Resolution 1593 (2005), referring the situation in Darfur since July 1, 2002, to the prosecutor of the International Criminal Court and calling on the Government of Sudan and all parties to the conflict to cooperate fully with the Court.

"(10) On July 30, 2005, Dr. John Garang de Mabior, the newly appointed Vice President of Sudan and the leader of the SPLM/A for the past 21 years, was killed in a tragic helicopter crash in Southern Sudan, sparking riots in Khartoum and challenging the commitment of all Sudanese to the Comprehensive Peace Agreement for Sudan.

"(11) On January 12, 2006, the African Union Peace and Security Council issued a communique endorsing, in principle, a transition from AMIS to a United Nations peacekeeping operation and requested the Chairperson of the Council to initiate consultations with the United Nations and other stakeholders toward this end.

"(12) On February 3, 2006, the United Nations Security Council issued a Presidential Statement authorizing the initiation of contingency planning for a transition from AMIS to a United Nations peacekeeping operation.

"(13) On March 10, 2006, the African Union Peace and Security Council extended the mandate of AMIS, which had reached a force size of 7,000, to September 30, 2006, while simultaneously endorsing the transition of AMIS to a United Nations peacekeeping operation and setting April 30, 2006 as the deadline for reaching an agreement to resolve the crisis in Darfur.

"(14) On March 24, 2006, the United Nations Security Council passed Security Council Resolution 1663 (2006), which—

"(A) welcomes the African Peace and Security Council's March 10, 2006 communique; and

"(B) requests that the United Nations Secretary-General, jointly with the African Union and in consultation with the parties to the Abuja Peace Talks, expedite planning for the transition of AMIS to a United Nations peacekeeping operation.

"(15) On March 29, 2006, during a speech at Freedom House, President Bush called for a transition to a United Nations peacekeeping operation and 'additional forces with a NATO overlay . . . to provide logistical and command-and-control and airlift capacity, but also to send a clear signal to parties involved that the west is determined to help effect a settlement.'.

"(16) On April 25, 2006, the United Nations Security Council passed Security Council Resolution 1672 (2006), unanimously imposing targeted financial sanctions and travel restrictions on 4 individuals who had been identified as those who, among other acts, 'impede the peace process, constitute a threat to stability in Darfur and the region, commit violations of international humanitarian or human rights law or other atrocities', including the Commander of the Western Military Region for the armed forces of Sudan, the Paramount Chief of the Jalul Tribe in North Darfur, the Commander of the Sudan Liberation Army, and the Field Commander of the National Movement for Reform and Development.

"(17) On May 5, 2006, under the auspices of African Union mediation and the direct engagement of the international community, including the United States, the Government of Sudan and the largest rebel faction in Darfur, the Sudan Liberation Movement, led by Minni Minnawi, signed the Darfur Peace Agreement, which addresses security, power sharing, and wealth sharing issues between the parties.

"(18) In August 2006, the Sudanese government began to amass military forces and equipment in the Darfur region in contravention of the Darfur Peace Agreement to which they are signatories in what appears to be preliminary to full scale war.

"(19) On August 30, 2006, the United Nations Security Council passed Security Council Resolution 1706 (2006), without dissent and with abstentions by China, Russian Federation, and Qatar, thereby asserting that the existing United Nations Mission in Sudan 'shall take over from AMIS responsibility for supporting the implementation of the Darfur Peace Agreement upon the expiration of AMIS' mandate but in any event no later than 31 December 2006', and that UNMIS 'shall be strengthened by up to 17,300 military personnel . . . 3,300 civilian police personnel and up to 16 Formed Police Units', which 'shall begin to be deployed [to Darfur] no later than 1 October 2006'.

"(20) Between August 30 and September 3, 2006, President Bashir and other senior members of his administration have publicly rejected United Nations Security Council Resolution 1706 (2006), calling it illegal and a western invasion of his country, despite the current presence of 10,000 United Nations peacekeepers under the UNMIS peacekeeping force.

"(21) Since 1993, the Secretary of State has determined, pursuant to [former] section 6(j) of the Export Administration Act of 1979 (50 App. U.S.C. 2405(j)) [former 50 U.S.C. 4605(j)], that Sudan is a country, the government of which has repeatedly provided support for acts of international terrorism, thereby restricting United States assistance, defense exports and sales, and financial and other transactions with the Government of Sudan.

"SEC. 4. SENSE OF CONGRESS.

"It is the sense of Congress that—

"(1) the genocide unfolding in the Darfur region of Sudan is characterized by acts of terrorism and atrocities directed against civilians, including mass murder, rape, and sexual violence committed by the Janjaweed and associated militias with the complicity and support of the National Congress Party-led faction of the Government of Sudan;

"(2) all parties to the conflict in the Darfur region have continued to violate the N'Djamena Ceasefire Agreement of April 8, 2004, and the Abuja Protocols of November 9, 2004, and violence against civilians, humanitarian aid workers, and personnel of AMIS is increasing;

"(3) the African Union should immediately make all necessary preparations for an orderly transition to a United Nations peacekeeping operation, which will maintain an appropriate level of African participation, with a mandate to protect civilians and humanitarian operations, assist in the implementation of the Darfur Peace Agreement, and deter violence in the Darfur region;

"(4) the international community, including the United States and the European Union, should immediately act to mobilize sufficient political, military, and financial resources through the United Nations and the North Atlantic Treaty Organization, to support the transition of AMIS to a United Nations peacekeeping operation with the size, strength, and capacity necessary to protect civilians and humanitarian operations, to assist with the implementation of the Darfur Peace Agreement, and to end the continued violence in the Darfur region;

"(5) if an expanded and reinforced AMIS or subsequent United Nations peacekeeping operation fails to stop genocide in the Darfur region, the international community should take additional measures to prevent and suppress acts of genocide in the Darfur region;

"(6) acting under article 5 of the Charter of the United Nations, the United Nations Security Council should call for suspension of the Government of Sudan's rights and privileges of membership by the General Assembly until such time as the Government of Sudan has honored pledges to cease attacks upon civilians, demobilize and demilitarize the Janjaweed and associated militias, and grant free and unfettered access for deliveries of humanitarian assistance in the Darfur region;

"(7) the President should use all necessary and appropriate diplomatic means to ensure the full discharge of the responsibilities of the Committee of the United Nations Security Council and the panel of experts established pursuant to section 3(a) of Security Council Resolution 1591 (2005);

"(8) the President should direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States to urge the adoption of a resolution by the United Nations Security Council that—

"(A) extends the military embargo established by United Nations Security Resolutions 1556 (2004) and 1591 (2005) to include a total ban on the sale or supply of offensive military equipment to the Government of Sudan, except for use in an internationally recognized demobilization program or for nonlethal assistance necessary to carry out elements of the Comprehensive Peace Agreement for Sudan or the Darfur Peace Agreement; and

"(B) calls upon those member states of the United Nations that continue to undermine efforts to foster peace in Sudan by providing military assistance to the Government of Sudan, government supported militias, or any rebel group operating in Darfur in violation of the embargo on such assistance and equipment, as called for in United Nations Security Council Resolutions 1556 (2004) and 1591 (2005), to immediately cease and desist.

"(9) the United States should not provide assistance to the Government of Sudan, other than assistance necessary for the implementation of the Comprehensive Peace Agreement for Sudan and the Darfur Peace Agreement, the support of the regional Government of Southern Sudan, the Transitional Darfur Regional Authority, and marginalized areas in Northern Sudan (including the Nuba Mountains, Southern Blue Nile, Abyei, Eastern Sudan (Beja), Darfur, and Nubia), or for humanitarian purposes in Sudan, until the Government of Sudan has honored pledges to cease attacks upon civilians, demobilize and demilitarize the Janjaweed and associated militias, grant free and unfettered access for deliveries of humanitarian assistance in the Darfur region, and allow for the safe and voluntary return of refugees and internally displaced persons;

"(10) the President should seek to assist members of the Sudanese diaspora in the United States by establishing a student loan forgiveness program for those individuals who commit to return to Southern Sudan for a period of not less than 5 years for the purpose of contributing professional skills needed for the reconstruction of Southern Sudan;

"(11) the Presidential Special Envoy for Sudan should be provided with appropriate resources and a clear mandate to—

"(A) provide stewardship of efforts to implement the Comprehensive Peace Agreement for Sudan and the Darfur Peace Agreement;

"(B) seek ways to bring stability and peace to the Darfur region;

"(C) address instability elsewhere in Sudan, Chad, and northern Uganda; and

"(D) pursue a truly comprehensive peace throughout the region;

"(12) the international community should strongly condemn attacks against humanitarian workers and African Union personnel, and the forcible recruitment of refugees and internally displaced persons from camps in Chad and Sudan, and demand that all armed groups in the region, including the forces of the Government of Sudan, the Janjaweed, associated militias, the Sudan Liberation Movement/Army, the Justice and Equality Movement, the National Movement for Reform and Development (NMRD), and all other armed groups refrain from such activities;

"(13) the United States should fully support the Comprehensive Peace Agreement for Sudan and the Darfur Peace Agreement and urge rapid implementation of their terms;

"(14) the May 5, 2006[,] signing of the Darfur Peace Agreement between the Government of Sudan and the Sudan Liberation Movement was a positive development in a situation that has seen little political progress in 2 years and should be seized upon by all sides to begin the arduous process of post-conflict reconstruction, restitution, justice, and reconciliation; and

"(15) the new leadership of the Sudan People's Liberation Movement (referred to in this paragraph as 'SPLM') should—

"(A) seek to transform SPLM into an inclusive, transparent, and democratic body;

"(B) reaffirm the commitment of SPLM to—

"(i) bring peace to Southern Sudan, the Darfur region, and Eastern Sudan; and

"(ii) eliminate safe haven for regional rebel movements, such as the Lord's Resistance Army; and

"(C) remain united in the face of efforts to undermine SPLM.

"SEC. 5. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.

"(a) Blocking of Assets and Restriction on Visas.—[Amended Pub. L. 108–497, formerly set out below.]

"(b) Waiver.—[Amended Pub. L. 108–497, formerly set out below.]

"(c) Sanctions Against Janjaweed Commanders and Coordinators or Other Individuals.—It is the sense of Congress, that the President should immediately impose the sanctions described in section 6(c) of the Comprehensive Peace in Sudan Act of 2004 [Pub. L. 108–497, formerly set out below], as added by subsection (a), against any individual, including the Janjaweed commanders and coordinators, identified as those who, among other acts, 'impede the peace process, constitute a threat to stability in Darfur and the region, commit violations of international humanitarian or human rights law or other atrocities'.

"SEC. 6. ADDITIONAL AUTHORITIES TO DETER AND SUPPRESS GENOCIDE IN DARFUR.

"(a) Presidential Assistance To Support AMIS.—Subject to subsection (b) and notwithstanding any other provision of law, the President is authorized to provide AMIS with—

"(1) assistance for any expansion of the mandate, size, strength, and capacity to protect civilians and humanitarian operations in order to help stabilize the Darfur region of Sudan and dissuade and deter air attacks directed against civilians and humanitarian workers; and

"(2) assistance in the areas of logistics, transport, communications, material support, technical assistance, training, command and control, aerial surveillance, and intelligence.

"(b) Conditions.—

"(1) In general.—Assistance provided under subsection (a)—

"(A) shall be used only in the Darfur region; and

"(B) shall not be provided until AMIS has agreed not to transfer title to, or possession of, any such assistance to anyone not an officer, employee or agent of AMIS (or subsequent United Nations peacekeeping operation), and not to use or to permit the use of such assistance for any purposes other than those for which such assistance was furnished, unless the consent of the President has first been obtained, and written assurances reflecting all of the forgoing have been obtained from AMIS by the President.

"(2) Consent.—If the President consents to the transfer of such assistance to anyone not an officer, employee, or agent of AMIS (or subsequent United Nations peacekeeping operation), or agrees to permit the use of such assistance for any purposes other than those for which such assistance was furnished, the President shall immediately notify the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1).

"(c) NATO Assistance To Support AMIS.—It is the sense of Congress that the President should continue to instruct the United States Permanent Representative to the North Atlantic Treaty Organization (referred to in this section as 'NATO') to use the voice, vote, and influence of the United States at NATO to—

"(1) advocate NATO reinforcement of the AMIS and its orderly transition to a United Nations peacekeeping operation, as appropriate;

"(2) provide assets to help dissuade and deter air strikes directed against civilians and humanitarian workers in the Darfur region of Sudan; and

"(3) provide other logistical, transportation, communications, training, technical assistance, command and control, aerial surveillance, and intelligence support.

"(d) Rule of Construction.—Nothing in this Act, or any amendment made by this Act, shall be construed as a provision described in section 5(b)(1) or 8(a)(1) of the War Powers Resolution (Public Law 93–148; 50 U.S.C. 1544(b), 1546(a)(1) [1547(a)(1)]).

"(e) Denial of Entry at United States Ports to Certain Cargo Ships or Oil Tankers.—

"(1) In general.—The President should take all necessary and appropriate steps to deny the Government of Sudan access to oil revenues, including by prohibiting entry at United States ports to cargo ships or oil tankers engaged in business or trade activities in the oil sector of Sudan or involved in the shipment of goods for use by the armed forces of Sudan until such time as the Government of Sudan has honored its commitments to cease attacks on civilians, demobilize and demilitarize the Janjaweed and associated militias, grant free and unfettered access for deliveries of humanitarian assistance, and allow for the safe and voluntary return of refugees and internally displaced persons.

"(2) Exception.—Paragraph (1) shall not apply with respect to cargo ships or oil tankers involved in—

"(A) an internationally-recognized demobilization program;

"(B) the shipment of non-lethal assistance necessary to carry out elements of the Comprehensive Peace Agreement for Sudan or the Darfur Peace Agreement; or

"(C) the shipment of military assistance necessary to carry out elements of an agreement referred to in subparagraph (B) if the President has made the determination set forth in section 8(c)(2).

"(f) Prohibition on Assistance to Countries in Violation of United Nations Security Council Resolutions 1556 and 1591.—

"(1) Prohibition.—Amounts made available to carry out the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) may not be used to provide assistance (other than humanitarian assistance) to the government of a country that is in violation of the embargo on military assistance with respect to Sudan imposed pursuant to United Nations Security Council Resolutions 1556 (2004) and 1591 (2005).

"(2) Waiver.—The President may waive the application of paragraph (1) if the President determines, and certifies to the appropriate congressional committees, that such waiver is in the national interests of the United States.

"SEC. 7. CONTINUATION OF RESTRICTIONS.

"(a) In General.—Restrictions against the Government of Sudan that were imposed pursuant to Executive Order No. 13067 of November 3, 1997 (62 Federal Register 59989) [listed in a table below], title III and sections 508, 512, 527, and 569 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 (Public Law 109–102) [119 Stat. 2191, 2197, 2199, 2205, 2228], or any other similar provision of law, shall remain in effect, and shall not be lifted pursuant to such provisions of law, until the President certifies to the appropriate congressional committees that the Government of Sudan is acting in good faith to—

"(1) implement the Darfur Peace Agreement;

"(2) disarm, demobilize, and demilitarize the Janjaweed and all militias allied with the Government of Sudan;

"(3) adhere to all associated United Nations Security Council Resolutions, including Security Council Resolutions 1556 (2004), 1564 (2004), 1591 (2005), 1593 (2005), 1663 (2006), 1665 (2006), and 1706 (2006);

"(4) negotiate a peaceful resolution to the crisis in eastern Sudan;

"(5) fully cooperate with efforts to disarm, demobilize, and deny safe haven to members of the Lord's Resistance Army in Sudan; and

"(6) fully implement the Comprehensive Peace Agreement for Sudan without manipulation or delay, by—

"(A) implementing the recommendations of the Abyei Boundaries Commission Report;

"(B) establishing other appropriate commissions and implementing and adhering to the recommendations of such commissions consistent with the terms of the Comprehensive Peace Agreement for Sudan;

"(C) adhering to the terms of the Wealth Sharing Agreement; and

"(D) withdrawing government forces from Southern Sudan consistent with the terms of the Comprehensive Peace Agreement for Sudan.

"(b) Waiver.—The President may waive the application of subsection (a) if the President determines, and certifies to the appropriate congressional committees, that such waiver is in the national interests of the United States.

"SEC. 8. ASSISTANCE EFFORTS IN SUDAN.

"(a) Assistance for International Malaria Control Act.—[Repealed section 501 of Pub. L. 106–570, formerly set out below.]

"(b) Comprehensive Peace in Sudan Act.—[Amended Pub. L. 108–497, formerly set out below.]

"(c) Economic Assistance.—

"(1) In general.—Notwithstanding any other provision of law, the President is authorized to provide economic assistance for Sudan in an effort to provide emergency relief, to promote economic self-sufficiency, to build civil authority, to provide education, to enhance rule of law and the development of judicial and legal frameworks, and to support people to people reconciliation efforts, or to implement any nonmilitary program in support of any viable peace agreement in Sudan, including the Comprehensive Peace Agreement for Sudan and the Darfur Peace Agreement.

"(2) Congressional notification.—Assistance may not be obligated under this subsection until 15 days after the date on which the Secretary of State notifies the congressional committees specified in section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1) of such obligation in accordance with the procedures applicable to reprogramming notifications under such section.

"(d) Authorized Military Assistance.—

"(1) In general.—If the President has not made a certification under section 12(a)(3) of the Sudan Peace Act [Pub. L. 107–245, formerly set out below] (50 U.S.C. 1701 note) regarding the noncompliance of the SPLM/A or the Government of Southern Sudan with the Comprehensive Peace Agreement for Sudan, the President, notwithstanding any other provision of law, may authorize, for each of fiscal years 2006, 2007, and 2008, the provision of the following assistance to the Government of Southern Sudan for the purpose of constituting a professional military force—

"(A) non-lethal military equipment and related defense services, including training, controlled under the International Traffic in Arms Regulations (22 C.F.R. 120.1 et seq.) if the President—

"(i) determines that the provision of such items is in the national security interest of the United States; and

"(ii) not later than 15 days before the provision of any such items, notifies the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives of such determination; and

"(B) small arms and ammunition under categories I and III of the United States Munitions List (22 C.F.R. 121.1 et seq.) if the President—

"(i) determines that the provision of such equipment is essential to the national security interests of the United States; and

"(ii) consistent with the procedures set forth in section 614(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2364(a)(3)), notifies the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives of such determination.

"(2) End use assurances.—For each item exported pursuant to this subsection or subsection (c), the President shall include with the notification to Congress under subparagraphs (A)(ii) and (B)(ii) of paragraph (1)—

"(A) an identification of the end users to which the provision of assistance is being made;

"(B) the dollar value of the items being provided;

"(C) a description of the items being provided; and

"(D) a description of the end use verification procedures that will be applied to such items, including—

"(i) any special assurances obtained from the Government of Southern Sudan or other authorized end users regarding such equipment; and

"(ii) the end use or retransfer controls that will be applied to any items provided under this subsection.

"(3) Waiver authority.—Section 40 of the Arms Export Control Act (22 U.S.C. 2780) shall not apply to assistance provided under paragraph (1).

"(e) Exception to Prohibitions in Executive Order Number 13067.—Notwithstanding any other provision of law, the prohibitions set forth with respect to Sudan in Executive Order No. 13067 (62 Fed. Reg. 59989) [listed in a table below] shall not apply to activities or related transactions with respect to Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State, Abyei, Darfur, or marginalized areas in and around Khartoum.

"SEC. 9. REPORTING REQUIREMENTS.

"[Amended Pub. L. 107–245, set out below.]"

[Functions of President under section 6(a), (b), (f) of Pub. L. 109–344, set out above, assigned to Secretary of State by Memorandum of President of the United States, Jan. 25, 2007, 72 F.R. 5149.]

[Functions of President under sections 7 and 8 of Pub. L. 109–344, set out above, assigned to Secretary of State by section 4(e) of Ex. Ord. No. 13412, Oct. 13, 2006, 71 F.R. 61370, listed in a table below.]

[Effective July 12, 2017, and subject to certain conditions, function of President under section 8 of Pub. L. 109–344, set out above, assigned to Secretary of State by sections 6 and 12(b) of Ex. Ord. No. 13761, Jan. 13, 2017, 82 Stat. 5331, 5333, set out below.]

Codification of Sanctions Against Iran

Pub. L. 109–293, title I, §101, Sept. 30, 2006, 120 Stat. 1344, provided that:

"(a) Codification of Sanctions.—Except as otherwise provided in this section, United States sanctions with respect to Iran imposed pursuant to sections 1 and 3 of Executive Order No. 12957 [listed in a table below], sections 1(e), (1)(g), and (3) of Executive Order No. 12959 [listed in a table below], and sections 2, 3, and 5 of Executive Order No. 13059 [listed in a table below] (relating to exports and certain other transactions with Iran) as in effect on January 1, 2006, shall remain in effect. The President may terminate such sanctions, in whole or in part, if the President notifies Congress at least 15 days in advance of such termination. In the event of exigent circumstances, the President may exercise the authority set forth in the preceding sentence without regard to the notification requirement stated therein, except that such notification shall be provided as early as practicable, but in no event later than three working days after such exercise of authority.

"(b) No Effect on Other Sanctions Relating to Support for Acts of International Terrorism.—Nothing in this Act [see Short Title of 2006 Amendment note above] shall affect any United States sanction, control, or regulation as in effect on January 1, 2006, relating to a determination under [former] section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)) [former 50 U.S.C. 4605(j)(1)(A)], section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), or section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)) that the Government of Iran has repeatedly provided support for acts of international terrorism."

Burmese Freedom and Democracy

Pub. L. 112–192, Oct. 5, 2012, 126 Stat. 1441, as amended by Pub. L. 113–235, div. J, title VII, §7043(b)(8)(A), Dec. 16, 2014, 128 Stat. 2648, provided that:

"SECTION 1. INTERNATIONAL FINANCIAL INSTITUTIONS.

"Upon a determination by the President that it is in the national interest of the United States to support assistance for Burma, the Secretary of the Treasury may instruct the United States Executive Director at any international financial institution to vote in favor of the provision of assistance for Burma by the institution, notwithstanding any other provision of law. The President shall provide the appropriate congressional committees with a written notice of any such determination.

"SEC. 2. CONSULTATION AND NOTIFICATION REQUIREMENT.

"(a) Prior to making the determination contained in section 1, the Secretary of State and the Secretary of the Treasury each shall consult with the appropriate congressional committees on assistance to be provided to Burma by an international financial institution, and the national interests served by such assistance.

"(b) The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution that the United States Executive Director may not vote in favor of any provision of assistance by the institution to Burma until at least 15 days has elapsed from the date on which the President has provided notice pursuant to section 1.

"SEC. 3. DEFINITIONS.

"In this Act:

"(1) The term 'appropriate congressional committees' means the Committees on Foreign Relations, Banking, Housing, and Urban Affairs, and Appropriations of the Senate, and the Committees on Financial Services, Foreign Affairs, and Appropriations of the House of Representatives.

"(2) The term 'assistance' means any loan or financial or technical assistance, or any other use of funds.

"(3) The term 'international financial institution' shall have the same meaning as contained in section 7029(d) of division I of Public Law 112–74 [125 Stat. 1209] and shall also include the Multilateral Investment Guarantee Agency."

[Pub. L. 113–235, div. J, title VII, §7043(b)(8)(B), Dec. 16, 2014, 128 Stat. 2648, provided that: "The amendment made in subparagraph (A) [amending section 3(3) of Pub. L. 112–192, set out above, by inserting 'and shall also include the Multilateral Investment Guarantee Agency' after 'Public Law 112–74'] shall only take effect if the Secretary of State certifies and reports to the Committees on Appropriations by September 30, 2015 that the Government of Burma has implemented reforms, in consultation with Burma's political opposition and ethnic groups, providing for free and fair presidential and parliamentary elections."]

[Functions of President under section 1 of Pub. L. 112–192, set out above, delegated to Secretary of State by Memorandum of President of the United States, Oct. 10, 2012, 77 F.R. 65455.]

Pub. L. 110–286, July 29, 2008, 122 Stat. 2632, as amended by Pub. L. 117–81, div. E, title LI, §5106, Dec. 27, 2021, 135 Stat. 2347, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008'.

"SEC. 2. FINDINGS.

"Congress makes the following findings:

"(1) Beginning on August 19, 2007, hundreds of thousands of citizens of Burma, including thousands of Buddhist monks and students, participated in peaceful demonstrations against rapidly deteriorating living conditions and the violent and repressive policies of the State Peace and Development Council (SPDC), the ruling military regime in Burma—

"(A) to demand the release of all political prisoners, including 1991 Nobel Peace Prize winner Aung San Suu Kyi; and

"(B) to urge the regime to engage in meaningful dialogue to pursue national reconciliation.

"(2) The Burmese regime responded to these peaceful protests with a violent crackdown leading to the reported killing of approximately 200 people, including a Japanese photojournalist, and hundreds of injuries. Human rights groups further estimate that over 2,000 individuals have been detained, arrested, imprisoned, beaten, tortured, or otherwise intimidated as part of this crackdown. Burmese military, police, and their affiliates in the Union Solidarity Development Association (USDA) perpetrated almost all of these abuses. The Burmese regime continues to detain, torture, and otherwise intimidate those individuals whom [sic] it believes participated in or led the protests and it has closed down or otherwise limited access to several monasteries and temples that played key roles in the peaceful protests.

"(3) The Department of State's 2006 Country Reports on Human Rights Practices found that the SPDC—

"(A) routinely restricts freedoms of speech, press, assembly, association, religion, and movement;

"(B) traffics in persons;

"(C) discriminates against women and ethnic minorities;

"(D) forcibly recruits child soldiers and child labor; and

"(E) commits other serious violations of human rights, including extrajudicial killings, custodial deaths, disappearances, rape, torture, abuse of prisoners and detainees, and the imprisonment of citizens arbitrarily for political motives.

"(4) Aung San Suu Kyi has been arbitrarily imprisoned or held under house arrest for more than 12 years.

"(5) In October 2007, President Bush announced a new Executive Order to tighten economic sanctions against Burma and block property and travel to the United States by certain senior leaders of the SPDC, individuals who provide financial backing for the SPDC, and individuals responsible for human rights violations and impeding democracy in Burma. Additional names were added in updates done on October 19, 2007, and February 5, 2008. However, only 38 discrete individuals and 13 discrete companies have been designated under those sanctions, once aliases and companies with similar names were removed. By contrast, the Australian Government identified more than 400 individuals and entities subject to its sanctions applied in the wake of the 2007 violence. The European Union's regulations to implement sanctions against Burma have identified more than 400 individuals among the leadership of government, the military, and the USDA, along with nearly 1300 state and military-run companies potentially subject to its sanctions.

"(6) The Burmese regime and its supporters finance their ongoing violations of human rights, undemocratic policies, and military activities in part through financial transactions, travel, and trade involving the United States, including the sale of petroleum products, gemstones and hardwoods.

"(7) In 2006, the Burmese regime earned more than $500 million from oil and gas projects, over $500 million from sale of hardwoods, and in excess of $300 million from the sale of rubies and jade. At least $500 million of the $2.16 billion earned in 2006 from Burma's two natural gas pipelines, one of which is 28 percent owned by a United States company, went to the Burmese regime. The regime has earned smaller amounts from oil and gas exploration and non-operational pipelines but United States investors are not involved in those transactions. Industry sources estimate that over $100 million annually in Burmese rubies and jade enters the United States. Burma's official statistics report that Burma exported $500 million in hardwoods in 2006 but NGOs estimate the true figure to exceed $900 million. Reliable statistics on the amount of hardwoods imported into the United States from Burma in the form of finished products are not available, in part due to widespread illegal logging and smuggling.

"(8) The SPDC seeks to evade the sanctions imposed in the Burmese Freedom and Democracy Act of 2003 [Pub. L. 108–61, set out below]. Millions of dollars in gemstones that are exported from Burma ultimately enter the United States, but the Burmese regime attempts to conceal the origin of the gemstones in an effort to evade sanctions. For example, according to gem industry experts, over 90 percent of the world's ruby supply originates in Burma but only 3 percent of the rubies entering the United States are claimed to be of Burmese origin. The value of Burmese gemstones is predominantly based on their original quality and geological origin, rather than the labor involved in cutting and polishing the gemstones.

"(9) According to hardwood industry experts, Burma is home to approximately 60 percent of the world's native teak reserves. More than ¼ of the world's internationally traded teak originates from Burma, and hardwood sales, mainly of teak, represent more than 11 percent of Burma's official foreign exchange earnings.

"(10) The SPDC owns a majority stake in virtually all enterprises responsible for the extraction and trade of Burmese natural resources, including all mining operations, the Myanmar Timber Enterprise, the Myanmar Gems Enterprise, the Myanmar Pearl Enterprise, and the Myanmar Oil and Gas Enterprise. Virtually all profits from these enterprises enrich the SPDC.

"(11) On October 11, 2007, the United Nations Security Council, with the consent of the People's Republic of China, issued a statement condemning the violence in Burma, urging the release of all political prisoners, and calling on the SPDC to enter into a United Nations-mediated dialogue with its political opposition.

"(12) The United Nations special envoy Ibrahim Gambari traveled to Burma from September 29, 2007, through October 2, 2007, holding meetings with SPDC leader General Than Shwe and democracy advocate Aung San Suu Kyi in an effort to promote dialogue between the SPDC and democracy advocates.

"(13) The leaders of the SPDC will have a greater incentive to cooperate with diplomatic efforts by the United Nations, the Association of Southeast Asian Nations, and the People's Republic of China if they come under targeted economic pressure that denies them access to personal wealth and sources of revenue.

"(14) On the night of May 2, 2008, through the morning of May 3, 2008, tropical cyclone Nargis struck the coast of Burma, resulting in the deaths of tens of thousands of Burmese.

"(15) The response to the cyclone by Burma's military leaders illustrates their fundamental lack of concern for the welfare of the Burmese people. The regime did little to warn citizens of the cyclone, did not provide adequate humanitarian assistance to address basic needs and prevent loss of life, and continues to fail to provide life-protecting and life-sustaining services to its people.

"(16) The international community responded immediately to the cyclone and attempted to provide humanitarian assistance. More than 30 disaster assessment teams from 18 different nations and the United Nations arrived in the region, but the Burmese regime denied them permission to enter the country. Eventually visas were granted to aid workers, but the regime continues to severely limit their ability to provide assistance in the affected areas.

"(17) Despite the devastation caused by Cyclone Nargis, the junta went ahead with its referendum on a constitution drafted by an illegitimate assembly, conducting voting in unaffected areas on May 10, 2008, and in portions of the affected Irrawaddy region and Rangoon on May 26, 2008.

"SEC. 3. DEFINITIONS.

"In this Act:

"(1) Account; correspondent account; payable-through account.—The terms 'account', 'correspondent account', and 'payable-through account' have the meanings given the terms in section 5318A(e)(1) of title 31, United States Code.

"(2) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(A) the Committee on Foreign Relations of the Senate;

"(B) the Committee on Finance of the Senate;

"(C) the Committee on Foreign Affairs of the House of Representatives; and

"(D) the Committee on Ways and Means of the House of Representatives.

"(3) ASEAN.—The term 'ASEAN' means the Association of Southeast Asian Nations.

"(4) Person.—The term 'person' means—

"(A) an individual, corporation, company, business association, partnership, society, trust, any other nongovernmental entity, organization, or group; and

"(B) any successor, subunit, or subsidiary of any person described in subparagraph (A).

"(5) SPDC.—The term 'SPDC' means the State Peace and Development Council, the ruling military regime in Burma.

"(6) United states person.—The term 'United States person' means any United States citizen, permanent resident alien, juridical person organized under the laws of the United States (including foreign branches), or any person in the United States.

"SEC. 4. STATEMENT OF POLICY.

"It is the policy of the United States to—

"(1) condemn the continued repression carried out by the SPDC;

"(2) work with the international community, especially the People's Republic of China, India, Thailand, and ASEAN, to foster support for the legitimate democratic aspirations of the people of Burma and to coordinate efforts to impose sanctions on those directly responsible for human rights abuses in Burma;

"(3) provide all appropriate support and assistance to aid a peaceful transition to constitutional democracy in Burma;

"(4) support international efforts to alleviate the suffering of Burmese refugees and address the urgent humanitarian needs of the Burmese people; and

"(5) identify individuals responsible for the repression of peaceful political activity in Burma and hold them accountable for their actions.

"SEC. 5. SANCTIONS.

"(a) Visa Ban.—

"(1) In general.—The following persons shall be ineligible for a visa to travel to the United States:

"(A) Former and present leaders of the SPDC, the Burmese military, or the USDA.

"(B) Officials of the SPDC, the Burmese military, or the USDA involved in the repression of peaceful political activity or in other gross violations of human rights in Burma or in the commission of other human rights abuses, including any current or former officials of the security services and judicial institutions of the SPDC.

"(C) Any other Burmese persons who provide substantial economic and political support for the SPDC, the Burmese military, or the USDA.

"(D) The immediate family members of any person described in subparagraphs (A) through (C).

"(2) Waiver.—The President may waive the visa ban described in paragraph (1) only if the President determines and certifies in writing to Congress that travel by the person seeking such a waiver is in the national interests of the United States.

"(3) Rule of construction.—Nothing in this subsection shall be construed to conflict with the provisions of section 694 of the Consolidated Appropriations Act, 2008 (Public Law 110–161) [121 Stat. 2366], nor shall this subsection be construed to make ineligible for a visa members of ethnic groups in Burma now or previously opposed to the regime who were forced to provide labor or other support to the Burmese military and who are otherwise eligible for admission into the United States.

"(b) Financial Sanctions.—

"(1) Blocked property.—No property or interest in property belonging to a person described in subsection (a)(1) may be transferred, paid, exported, withdrawn, or otherwise dealt with if—

"(A) the property is located in the United States or within the possession or control of a United States person, including the overseas branch of a United States person; or

"(B) the property comes into the possession or control of a United States person after the date of the enactment of this Act [July 29, 2008].

"(2) Financial transactions.—Except with respect to transactions authorized under Executive Orders 13047 (May 20, 1997) and 13310 (July 28, 2003) [listed in a table below], no United States person may engage in a financial transaction with the SPDC or with a person described in subsection (a)(1).

"(3) Prohibited activities.—Activities prohibited by reason of the blocking of property and financial transactions under this subsection shall include the following:

"(A) Payments or transfers of any property, or any transactions involving the transfer of anything of economic value by any United States person, including any United States financial institution and any branch or office of such financial institution that is located outside the United States, to the SPDC or to an individual described in subsection (a)(1).

"(B) The export or reexport directly or indirectly, of any goods, technology, or services by a United States person to the SPDC, to an individual described in subsection (a)(1) or to any entity owned, controlled, or operated by the SPDC or by an individual described in such subsection.

"(c) Authority for Additional Banking Sanctions.—

"(1) In general.—The Secretary of the Treasury, in consultation with the Secretary of State, the Attorney General of the United States, and the Chairman of the Board of Governors of the Federal Reserve System, may prohibit or impose conditions on the opening or maintaining in the United States of a correspondent account or payable-through account by any financial institution (as that term is defined in section 5312 of title 31, United States Code) or financial agency that is organized under the laws of a State, territory, or possession of the United States, for or on behalf of a foreign banking institution, if the Secretary determines that the account might be used—

"(A) by a foreign banking institution that holds property or an interest in property belonging to the SPDC or a person described in subsection (a)(1); or

"(B) to conduct a transaction on behalf of the SPDC or a person described in subsection (a)(1).

"(2) Authority to define terms.—The Secretary of the Treasury may, by regulation, further define the terms used in paragraph (1) for purposes of this section, as the Secretary considers appropriate.

"(d) List of Sanctioned Officials.—

"(1) In general.—Not later than 120 days after the date of the enactment of this Act [July 29, 2008], the President shall transmit to the appropriate congressional committees a list of—

"(A) former and present leaders of the SPDC, the Burmese military, and the USDA;

"(B) officials of the SPDC, the Burmese military, or the USDA involved in the repression of peaceful political activity in Burma or in the commission of other human rights abuses, including any current or former officials of the security services and judicial institutions of the SPDC;

"(C) any other Burmese persons or entities who provide substantial economic and political support for the SPDC, the Burmese military, or the USDA; and

"(D) the immediate family members of any person described in subparagraphs (A) through (C) whom [sic] the President determines effectively controls property in the United States or has benefitted from a financial transaction with any United States person.

"(2) Consideration of other data.—In preparing the list required under paragraph (1), the President shall consider the data already obtained by other countries and entities that apply sanctions against Burma, such as the Australian Government and the European Union.

"(3) Updates.—The President shall transmit to the appropriate congressional committees updated lists of the persons described in paragraph (1) as new information becomes available.

"(4) Identification of information.—The Secretary of State and the Secretary of the Treasury shall devote sufficient resources to the identification of information concerning potential persons to be sanctioned to carry out the purposes described in this Act.

"(e) Rule of Construction.—Nothing in this section may be construed to prohibit any contract or other financial transaction with any nongovernmental humanitarian organization in Burma.

"(f) Exceptions.—

"(1) In general.—The prohibitions and restrictions described in subsections (b) and (c) shall not apply to medicine, medical equipment or supplies, food or feed, or any other form of humanitarian assistance provided to Burma.

"(2) Regulatory exceptions.—For the following purposes, the Secretary of State may, by regulation, authorize exceptions to the prohibition and restrictions described in subsection (a), and the Secretary of the Treasury may, by regulation, authorize exceptions to the prohibitions and restrictions described in subsections (b) and (c)—

"(A) to permit the United States and Burma to operate their diplomatic missions, and to permit the United States to conduct other official United States Government business in Burma;

"(B) to permit United States citizens to visit Burma; and

"(C) to permit the United States to comply with the United Nations Headquarters Agreement and other applicable international agreements.

"(g) Penalties.—Any person who violates any prohibition or restriction imposed pursuant to subsection (b) or (c) shall be subject to the penalties under section 6 [probably means section 206] of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as for a violation under that Act [50 U.S.C. 1701 et seq.].

"(h) Termination of Sanctions.—The sanctions imposed under subsection (a), (b), or (c) shall apply until the President determines and certifies to the appropriate congressional committees that the SPDC has—

"(1) unconditionally released all political prisoners, including Aung San Suu Kyi and other members of the National League for Democracy;

"(2) entered into a substantive dialogue with democratic forces led by the National League for Democracy and the ethnic minorities of Burma on transitioning to democratic government under the rule of law; and

"(3) allowed humanitarian access to populations affected by armed conflict in all regions of Burma.

"(i) Waiver.—The President may waive the sanctions described in subsections (b) and (c) if the President determines and certifies to the appropriate congressional committees that such waiver is in the national interest of the United States.

"SEC. 6. AMENDMENTS TO THE BURMESE FREEDOM AND DEMOCRACY ACT OF 2003.

"(a) In General.—[Amended Pub. L. 108–61, set out below.]

"(b) Duration of Sanctions.—

"(1) Continuation of import sanctions.—[Amended Pub. L. 108–61, set out below.]

"(2) Renewal resolutions.—[Amended Pub. L. 108–61, set out below.]

"(3) Effective date.—

"(A) In general.—The amendments made by this subsection take effect on the day after the date of the enactment of 5th [sic] renewal resolution enacted into law after the date of the enactment of the Burmese Freedom and Democracy Act of 2003 [July 28, 2003], or the date of the enactment of this Act [July 29, 2008], whichever occurs later.

"(B) Renewal resolution defined.—In this paragraph, the term 'renewal resolution' means a renewal resolution described in section 9(c) of the Burmese Freedom and Democracy Act of 2003 [Pub. L. 108–61, set out below] that is enacted into law in accordance with such section.

"(c) Conforming Amendment.—[Amended Pub. L. 108–61, set out below.]

"[SEC. 7. Repealed. Pub. L. 117–81, div. E, title LI, §5106, Dec. 27, 2021, 135 Stat. 2347.]

"SEC. 8. SUPPORT FOR CONSTITUTIONAL DEMOCRACY IN BURMA.

"(a) In General.—The President is authorized to assist Burmese democracy activists who are dedicated to nonviolent opposition to the SPDC in their efforts to promote freedom, democracy, and human rights in Burma.

"(b) Authorization of Appropriations.—There are authorized to be appropriated $5,000,000 to the Secretary of State for fiscal year 2008 to—

"(1) provide aid to democracy activists in Burma;

"(2) provide aid to individuals and groups conducting democracy programming outside of Burma targeted at a peaceful transition to constitutional democracy inside Burma; and

"(3) expand radio and television broadcasting into Burma.

"SEC. 9. SUPPORT FOR NONGOVERNMENTAL ORGANIZATIONS ADDRESSING THE HUMANITARIAN NEEDS OF THE BURMESE PEOPLE.

"(a) Sense of Congress.—It is the sense of Congress that the international community should increase support for nongovernmental organizations attempting to meet the urgent humanitarian needs of the Burmese people.

"(b) Licenses for Humanitarian or Religious Activities in Burma.—[Amended Pub. L. 108–61, set out below.]

"(c) Authorization of Appropriations.—

"(1) In general.—Notwithstanding any other provision of law, there are authorized to be appropriated $11,000,000 to the Secretary of State for fiscal year 2008 to support operations by nongovernmental organizations, subject to paragraph (2), designed to address the humanitarian needs of the Burmese people inside Burma and in refugee camps in neighboring countries.

"(2) Limitation.—

"(A) In general.—Except as provided under subparagraph (B), amounts appropriated pursuant to paragraph (1) may not be provided to—

"(i) SPDC-controlled entities;

"(ii) entities run by members of the SPDC or their families; or

"(iii) entities providing cash or resources to the SPDC, including organizations affiliated with the United Nations.

"(B) Waiver.—The President may waive the funding restriction described in subparagraph (A) if—

"(i) the President determines and certifies to the appropriate congressional committees that such waiver is in the national interests of the United States;

"(ii) a description of the national interests need for the waiver is submitted to the appropriate congressional committees; and

"(iii) the description submitted under clause (ii) is posted on a publicly accessible Internet Web site of the Department of State.

"SEC. 10. REPORT ON MILITARY AND INTELLIGENCE AID TO BURMA.

"(a) In General.—Not later than 180 days after the date of the enactment of this Act [July 29, 2008] and annually thereafter, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report containing a list of countries, companies, and other entities that provide military or intelligence aid to the SPDC and describing such military or intelligence aid provided by each such country, company, and other entity.

"(b) Military or Intelligence Aid Defined.—For the purpose of this section, the term 'military or intelligence aid' means, with respect to the SPDC—

"(1) the provision of weapons, weapons parts, military vehicles, or military aircraft;

"(2) the provision of military or intelligence training, including advice and assistance on subject matter expert exchanges;

"(3) the provision of weapons of mass destruction and related materials, capabilities, and technology, including nuclear, chemical, or dual-use capabilities;

"(4) conducting joint military exercises;

"(5) the provision of naval support, including ship development and naval construction;

"(6) the provision of technical support, including computer and software development and installations, networks, and infrastructure development and construction; or

"(7) the construction or expansion of airfields, including radar and anti-aircraft systems.

"(c) Form.—The report required under subsection (a) shall be submitted in unclassified form but may include a classified annex and the unclassified form shall be placed on the Department of State's website.

"SEC. 11. SENSE OF CONGRESS ON INTERNATIONAL ARMS SALES TO BURMA.

"It is the sense of Congress that the United States should lead efforts in the United Nations Security Council to impose a mandatory international arms embargo on Burma, curtailing all sales of weapons, ammunition, military vehicles, and military aircraft to Burma until the SPDC releases all political prisoners, restores constitutional rule, takes steps toward inclusion of ethnic minorities in political reconciliation efforts, and holds free and fair elections to establish a new government.

"SEC. 12. REDUCTION OF SPDC REVENUE FROM TIMBER.

"(a) Report.—Not later than one year after the date of the enactment of this Act [July 29, 2008] and annually thereafter, the Secretary of State, in consultation with the Secretary of Commerce, and other Federal officials, as appropriate, shall submit to the appropriate congressional committees a report on Burma's timber trade containing information on the following:

"(1) Products entering the United States made in whole or in part of wood grown and harvested in Burma, including measurements of annual value and volume and considering both legal and illegal timber trade.

"(2) Statistics about Burma's timber trade, including raw wood and wood products, in aggregate and broken down by country and timber species, including measurements of value and volume and considering both legal and illegal timber trade.

"(3) A description of the chains of custody of products described in paragraph (1), including direct trade streams from Burma to the United States and via manufacturing or transshipment in third countries.

"(4) Illegalities, abuses, or corruption in the Burmese timber sector.

"(5) A description of all common consumer and commercial applications unique to Burmese hardwoods, including the furniture and marine manufacturing industries.

"(b) Recommendations.—The report required under subsection (a) shall include recommendations on the following:

"(1) Alternatives to Burmese hardwoods for the commercial applications described in paragraph (5) of subsection (a), including alternative species of timber that could provide the same applications.

"(2) Strategies for encouraging sustainable management of timber in locations with potential climate, soil, and other conditions to compete with Burmese hardwoods for the consumer and commercial applications described in paragraph (5) of subsection (a).

"(3) The appropriate United States and international customs documents and declarations that would need to be kept and compiled in order to establish the chain of custody concerning products described in paragraphs (1) and (3) of subsection (a).

"(4) Strategies for strengthening the capacity of Burmese civil society, including Burmese society in exile, to monitor and report on the SPDC's trade in timber and other extractive industries so that Burmese natural resources can be used to benefit the majority of Burma's population.

"SEC. 13. REPORT ON FINANCIAL ASSETS HELD BY MEMBERS OF THE SPDC.

"(a) In General.—Not later than 180 days after the date of the enactment of this Act [July 29, 2008] and annually thereafter, the Secretary of the Treasury, in consultation with the Secretary of State, shall submit to the Committee on Foreign Affairs of the House of Representatives, the Committee on Ways and Means of the House of the [sic] Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Finance of the Senate a report containing a list of all countries and foreign banking institutions that hold assets on behalf of senior Burmese officials.

"(b) Definitions.—For the purpose of this section:

"(1) Senior burmese officials.—The term 'senior Burmese officials' shall mean individuals covered under section 5(d)(1) of this Act.

"(2) Other terms.—Other terms shall be defined under the authority of and consistent with section 5(c)(2) of this Act.

"(c) Form.—The report required under subsection (a) shall be submitted in unclassified form but may include a classified annex. The report shall also be posted on the Department of Treasury's website not later than 30 days of the submission to Congress of the report. To the extent possible, the report shall include the names of the senior Burmese officials and the approximate value of their holdings in the respective foreign banking institutions and any other pertinent information.

"SEC. 14. UNOCAL PLAINTIFFS.

"(a) Sense of Congress.—It is the Sense of Congress that the United States should work with the Royal Thai Government to ensure the safety in Thailand of the 15 plaintiffs in the Doe v. Unocal case, and should consider granting refugee status or humanitarian parole to these plaintiffs to enter the United States consistent with existing United States law.

"(b) Report.—Not later than 90 days after the date of the enactment of this Act [July 29, 2008], the President shall submit to the appropriate Congressional committees a report on the status of the Doe vs. Unocal plaintiffs and whether the plaintiffs have been granted refugee status or humanitarian parole.

"SEC. 15. SENSE OF CONGRESS WITH RESPECT TO INVESTMENTS IN BURMA'S OIL AND GAS INDUSTRY.

"(a) Findings and Declarations.—Congress finds the following:

"(1) Currently United States, French, and Thai investors are engaged in the production and delivery of natural gas in the pipeline from the Yadana and Sein fields (Yadana pipeline) in the Andaman Sea, an enterprise which falls under the jurisdiction of the Burmese Government, and United States investment by Chevron represents approximately a 28 percent nonoperated, working interest in that pipeline.

"(2) The Congressional Research Service estimates that the Yadana pipeline provides at least $500,000,000 in annual revenue for the Burmese Government.

"(3) The natural gas that transits the Yadana pipeline is delivered primarily to Thailand, representing about 20 percent of Thailand's total gas supply.

"(4) The executive branch has in the past exempted investment in the Yadana pipeline from the sanctions regime against the Burmese Government.

"(5) Congress believes that United States companies ought to be held to a high standard of conduct overseas and should avoid as much as possible acting in a manner that supports repressive regimes such as the Burmese Government.

"(6) Congress recognizes the important symbolic value that divestment of United States holdings in Burma would have on the international sanctions effort, demonstrating that the United States will continue to lead by example.

"(b) Statement of Policy.—

"(1) Congress urges Yadana investors to consider voluntary divestment over time if the Burmese Government fails to take meaningful steps to release political prisoners, restore civilian constitutional rule and promote national reconciliation.

"(2) Congress will remain concerned with the matter of continued investment in the Yadana pipeline in the years ahead.

"(3) Congress urges the executive branch to work with all firms invested in Burma's oil and gas sector to use their influence to promote the peaceful transition to civilian democratic rule in Burma.

"(c) Sense of Congress.—It is the sense of Congress that so long as Yadana investors remain invested in Burma, such investors should—

"(1) communicate to the Burmese Government, military and business officials, at the highest levels, concern about the lack of genuine consultation between the Burmese Government and its people, the failure of the Burmese Government to use its natural resources to benefit the Burmese people, and the military's use of forced labor;

"(2) publicly disclose and deal with in a transparent manner, consistent with legal obligations, its role in any ongoing investment in Burma, including its financial involvement in any joint production agreement or other joint ventures and the amount of their direct or indirect support of the Burmese Government; and

"(3) work with project partners to ensure that forced labor is not used to construct, maintain, support, or defend the project facilities, including pipelines, offices, or other facilities."

[Ex. Ord. No. 13651, §8, Aug. 6, 2013, 78 F.R. 48794, determined and certified under section 5(i) of Pub. L. 110–286, set out above, that it was in the national interest of the United States to waive, and did waive, the sanctions described in section 5(b) of Pub. L. 110–286, subject to an exception continuing the prohibition of certain transactions.]

[Memorandum of President of the United States, Aug. 29, 2012, 77 F.R. 57479, delegated to the Secretary of State the functions and authority conferred upon the President by section 5(a)(2) of Pub. L. 110–286, set out above, to waive the visa ban under section 5(a)(1) of that Act, and to make the specified certification to Congress.]

Pub. L. 108–61, July 28, 2003, 117 Stat. 864, as amended by Pub. L. 109–251, §1, Aug. 1, 2006, 120 Stat. 654; Pub. L. 110–286, §§6(a)–(b)(2), (c), 9(b), July 29, 2008, 122 Stat. 2638, 2642-2644; Pub. L. 111–42, title I, §101, July 28, 2009, 123 Stat. 1963; Pub. L. 112–163, §3(a), Aug. 10, 2012, 126 Stat. 1277, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Burmese Freedom and Democracy Act of 2003'.

"SEC. 2. FINDINGS.

"Congress makes the following findings:

"(1) The State Peace and Development Council (SPDC) has failed to transfer power to the National League for Democracy (NLD) whose parliamentarians won an overwhelming victory in the 1990 elections in Burma.

"(2) The SPDC has failed to enter into meaningful, political dialogue with the NLD and ethnic minorities and has dismissed the efforts of United Nations Special Envoy Razali bin Ismail to further such dialogue.

"(3) According to the State Department's 'Report to the Congress Regarding Conditions in Burma and U.S. Policy Toward Burma' dated March 28, 2003, the SPDC has become 'more confrontational' in its exchanges with the NLD.

"(4) On May 30, 2003, the SPDC, threatened by continued support for the NLD throughout Burma, brutally attacked NLD supporters, killed and injured scores of civilians, and arrested democracy advocate Aung San Suu Kyi and other activists.

"(5) The SPDC continues egregious human rights violations against Burmese citizens, uses rape as a weapon of intimidation and torture against women, and forcibly conscripts child-soldiers for the use in fighting indigenous ethnic groups.

"(6) The SPDC is engaged in ethnic cleansing against minorities within Burma, including the Karen, Karenni, and Shan people, which constitutes a crime against humanity and has directly led to more than 600,000 internally displaced people living within Burma and more than 130,000 people from Burma living in refugee camps along the Thai-Burma border.

"(7) The ethnic cleansing campaign of the SPDC is in sharp contrast to the traditional peaceful coexistence in Burma of Buddhists, Muslims, Christians, and people of traditional beliefs.

"(8) The SPDC has demonstrably failed to cooperate with the United States in stopping the flood of heroin and methamphetamines being grown, refined, manufactured, and transported in areas under the control of the SPDC serving to flood the region and much of the world with these illicit drugs.

"(9) The SPDC provides safety, security, and engages in business dealings with narcotics traffickers under indictment by United States authorities, and other producers and traffickers of narcotics.

"(10) The International Labor Organization (ILO), for the first time in its 82-year history, adopted in 2000, a resolution recommending that governments, employers, and workers organizations take appropriate measures to ensure that their relations with the SPDC do not abet the government-sponsored system of forced, compulsory, or slave labor in Burma, and that other international bodies reconsider any cooperation they may be engaged in with Burma and, if appropriate, cease as soon as possible any activity that could abet the practice of forced, compulsory, or slave labor.

"(11) The SPDC has integrated the Burmese military and its surrogates into all facets of the economy effectively destroying any free enterprise system.

"(12) Investment in Burmese companies and purchases from them serve to provide the SPDC with currency that is used to finance its instruments of terror and repression against the Burmese people.

"(13) On April 15, 2003, the American Apparel and Footwear Association expressed its 'strong support for a full and immediate ban on U.S. textiles, apparel and footwear imports from Burma' and called upon the United States Government to 'impose an outright ban on U.S. imports' of these items until Burma demonstrates respect for basic human and labor rights of its citizens.

"(14) The policy of the United States, as articulated by the President on April 24, 2003, is to officially recognize the NLD as the legitimate representative of the Burmese people as determined by the 1990 election.

"(15) The United States must work closely with other nations, including Thailand, a close ally of the United States, to highlight attention to the SPDC's systematic abuses of human rights in Burma, to ensure that nongovernmental organizations promoting human rights and political freedom in Burma are allowed to operate freely and without harassment, and to craft a multilateral sanctions regime against Burma in order to pressure the SPDC to meet the conditions identified in section 3(a)(3) of this Act.

"SEC. 3. BAN AGAINST TRADE THAT SUPPORTS THE MILITARY REGIME OF BURMA.

"(a) General Ban.—

"(1) In general.—Notwithstanding any other provision of law, until such time as the President determines and certifies to Congress that Burma has met the conditions described in paragraph (3), beginning 30 days after the date of the enactment of this Act [July 28, 2003], the President shall ban the importation of any article that is a product of Burma.

"(2) Ban on imports from certain companies.—The import restrictions contained in paragraph (1) shall apply to, among other entities—

"(A) the SPDC, any ministry of the SPDC, a member of the SPDC or an immediate family member of such member;

"(B) known narcotics traffickers from Burma or an immediate family member of such narcotics trafficker;

"(C) the Union of Myanmar Economics Holdings Incorporated (UMEHI) or any company in which the UMEHI has a fiduciary interest;

"(D) the Myanmar Economic Corporation (MEC) or any company in which the MEC has a fiduciary interest;

"(E) the Union Solidarity and Development Association (USDA); and

"(F) any successor entity for the SPDC, UMEHI, MEC, or USDA.

"(3) Conditions described.—The conditions described in this paragraph are the following:

"(A) The SPDC has made substantial and measurable progress to end violations of internationally recognized human rights including rape, and the Secretary of State, after consultation with the ILO Secretary General and relevant nongovernmental organizations, reports to the appropriate congressional committees that the SPDC no longer systematically violates workers rights, including the use of forced and child labor, and conscription of child-soldiers.

"(B) The SPDC has made measurable and substantial progress toward implementing a democratic government including—

"(i) releasing all political prisoners;

"(ii) allowing freedom of speech and the press;

"(iii) allowing freedom of association;

"(iv) permitting the peaceful exercise of religion; and

"(v) bringing to a conclusion an agreement between the SPDC and the democratic forces led by the NLD and Burma's ethnic nationalities on the transfer of power to a civilian government accountable to the Burmese people through democratic elections under the rule of law.

"(C) Pursuant to section 706(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107–228) [22 U.S.C. 2291j–1(2)], Burma has not been designated as a country that has failed demonstrably to make substantial efforts to adhere to its obligations under international counternarcotics agreements and to take other effective counternarcotics measures, including, but not limited to (i) the arrest and extradition of all individuals under indictment in the United States for narcotics trafficking, (ii) concrete and measurable actions to stem the flow of illicit drug money into Burma's banking system and economic enterprises, and (iii) actions to stop the manufacture and export of methamphetamines.

"(4) Appropriate congressional committees.—In this subsection, the term 'appropriate congressional committees' means the Committees on Foreign Relations and Appropriations of the Senate and the Committees on International Relations [now Foreign Affairs] and Appropriations of the House of Representatives.

"(b) Waiver Authorities.—The President may waive the restrictions described in this section or section 3A(b)(1) or (c)(1) for any or all articles that are subject to such restrictions if the President determines and notifies the Committees on Appropriations, Finance, and Foreign Relations of the Senate and the Committees on Appropriations, International Relations [now Foreign Affairs], and Ways and Means of the House of Representatives that to do so is in the national interest of the United States.

"SEC. 3A. PROHIBITION ON IMPORTATION OF JADEITE AND RUBIES FROM BURMA AND ARTICLES OF JEWELRY CONTAINING JADEITE OR RUBIES FROM BURMA.

"(a) Definitions.—In this section:

"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(A) the Committee on Ways and Means and the Committee on Foreign Affairs of the House of Representatives; and

"(B) the Committee on Finance and the Committee on Foreign Relations of the Senate.

"(2) Burmese covered article.—The term 'Burmese covered article' means—

"(A) jadeite mined or extracted from Burma;

"(B) rubies mined or extracted from Burma; or

"(C) articles of jewelry containing jadeite described in subparagraph (A) or rubies described in subparagraph (B).

"(3) Non-burmese covered article.—The term 'non-Burmese covered article' means—

"(A) jadeite mined or extracted from a country other than Burma;

"(B) rubies mined or extracted from a country other than Burma; or

"(C) articles of jewelry containing jadeite described in subparagraph (A) or rubies described in subparagraph (B).

"(4) Jadeite; rubies; articles of jewelry containing jadeite or rubies.—

"(A) Jadeite.—The term 'jadeite' means any jadeite classifiable under heading 7103 of the Harmonized Tariff Schedule of the United States (in this paragraph referred to as the 'HTS') [see Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19, Customs Duties].

"(B) Rubies.—The term 'rubies' means any rubies classifiable under heading 7103 of the HTS.

"(C) Articles of jewelry containing jadeite or rubies.—The term 'articles of jewelry containing jadeite or rubies' means—

"(i) any article of jewelry classifiable under heading 7113 of the HTS that contains jadeite or rubies; or

"(ii) any article of jadeite or rubies classifiable under heading 7116 of the HTS.

"(5) United states.—The term 'United States', when used in the geographic sense, means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

"(b) Prohibition on Importation of Burmese Covered Articles.—

"(1) In general.—Notwithstanding any other provision of law, until such time as the President determines and certifies to the appropriate congressional committees that Burma has met the conditions described in section 3(a)(3), beginning 60 days after the date of the enactment of the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 [July 29, 2008], the President shall prohibit the importation into the United States of any Burmese covered article.

"(2) Regulatory authority.—The President is authorized to, and shall as necessary, issue such proclamations, regulations, licenses, and orders, and conduct such investigations, as may be necessary to implement the prohibition under paragraph (1).

"(3) Other actions.—Beginning on the date of the enactment of this Act [July 28, 2003], the President shall take all appropriate actions to seek the following:

"(A) The issuance of a draft waiver decision by the Council for Trade in Goods of the World Trade Organization granting a waiver of the applicable obligations of the United States under the World Trade Organization with respect to the provisions of this section and any measures taken to implement this section.

"(B) The adoption of a resolution by the United Nations General Assembly expressing the need to address trade in Burmese covered articles and calling for the creation and implementation of a workable certification scheme for non-Burmese covered articles to prevent the trade in Burmese covered articles.

"(c) Requirements for Importation of Non-Burmese Covered Articles.—

"(1) In general.—Except as provided in paragraph (2), until such time as the President determines and certifies to the appropriate congressional committees that Burma has met the conditions described in section 3(a)(3), beginning 60 days after the date of the enactment of the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 [July 29, 2008], the President shall require as a condition for the importation into the United States of any non-Burmese covered article that—

"(A) the exporter of the non-Burmese covered article has implemented measures that have substantially the same effect and achieve the same goals as the measures described in clauses (i) through (iv) of paragraph (2)(B) (or their functional equivalent) to prevent the trade in Burmese covered articles; and

"(B) the importer of the non-Burmese covered article agrees—

"(i) to maintain a full record of, in the form of reports or otherwise, complete information relating to any act or transaction related to the purchase, manufacture, or shipment of the non-Burmese covered article for a period of not less than 5 years from the date of entry of the non-Burmese covered article; and

"(ii) to provide the information described in clause (i) within the custody or control of such person to the relevant United States authorities upon request.

"(2) Exception.—

"(A) In general.—The President may waive the requirements of paragraph (1) with respect to the importation of non-Burmese covered articles from any country with respect to which the President determines and certifies to the appropriate congressional committees has implemented the measures described in subparagraph (B) (or their functional equivalent) to prevent the trade in Burmese covered articles.

"(B) Measures described.—The measures referred to in subparagraph (A) are the following:

"(i) With respect to exportation from the country of jadeite or rubies in rough form, a system of verifiable controls on the jadeite or rubies from mine to exportation demonstrating that the jadeite or rubies were not mined or extracted from Burma, and accompanied by officially-validated documentation certifying the country from which the jadeite or rubies were mined or extracted, total carat weight, and value of the jadeite or rubies.

"(ii) With respect to exportation from the country of finished jadeite or polished rubies, a system of verifiable controls on the jadeite or rubies from mine to the place of final finishing of the jadeite or rubies demonstrating that the jadeite or rubies were not mined or extracted from Burma, and accompanied by officially-validated documentation certifying the country from which the jadeite or rubies were mined or extracted.

"(iii) With respect to exportation from the country of articles of jewelry containing jadeite or rubies, a system of verifiable controls on the jadeite or rubies from mine to the place of final finishing of the article of jewelry containing jadeite or rubies demonstrating that the jadeite or rubies were not mined or extracted from Burma, and accompanied by officially-validated documentation certifying the country from which the jadeite or rubies were mined or extracted.

"(iv) Verifiable recordkeeping by all entities and individuals engaged in mining, importation, and exportation of non-Burmese covered articles in the country, and subject to inspection and verification by authorized authorities of the government of the country in accordance with applicable law.

"(v) Implementation by the government of the country of proportionate and dissuasive penalties against any persons who violate laws and regulations designed to prevent trade in Burmese covered articles.

"(vi) Full cooperation by the country with the United Nations or other official international organizations that seek to prevent trade in Burmese covered articles.

"(3) Regulatory authority.—The President is authorized to, and shall as necessary, issue such proclamations, regulations, licenses, and orders and conduct such investigations, as may be necessary to implement the provisions under paragraphs (1) and (2).

"(d) Inapplicability.—

"(1) In general.—The requirements of subsection (b)(1) and subsection (c)(1) shall not apply to Burmese covered articles and non-Burmese covered articles, respectively, that were previously exported from the United States, including those that accompanied an individual outside the United States for personal use, if they are reimported into the United States by the same person, without having been advanced in value or improved in condition by any process or other means while outside the United States.

"(2) Additional provision.—The requirements of subsection (c)(1) shall not apply with respect to the importation of non-Burmese covered articles that are imported by or on behalf of an individual for personal use and accompanying an individual upon entry into the United States.

"(e) Enforcement.—Burmese covered articles or non-Burmese covered articles that are imported into the United States in violation of any prohibition of this Act or any other provision law [sic] shall be subject to all applicable seizure and forfeiture laws and criminal and civil laws of the United States to the same extent as any other violation of the customs laws of the United States.

"(f) Sense of Congress.—

"(1) In general.—It is the sense of Congress that the President should take the necessary steps to seek to negotiate an international arrangement—similar to the Kimberley Process Certification Scheme for conflict diamonds—to prevent the trade in Burmese covered articles. Such an international arrangement should create an effective global system of controls and should contain the measures described in subsection (c)(2)(B) (or their functional equivalent).

"(2) Kimberley process certification scheme defined.—In paragraph (1), the term 'Kimberley Process Certification Scheme' has the meaning given the term in section 3(6) of the Clean Diamond Trade Act (Public Law 108–19; 19 U.S.C. 3902(6)).

"(g) Report.—

"(1) In general.—Not later than 180 days after the date of the enactment of the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 [July 29, 2008], the President shall transmit to the appropriate congressional committees a report describing what actions the United States has taken during the 60-day period beginning on the date of the enactment of such Act to seek—

"(A) the issuance of a draft waiver decision by the Council for Trade in Goods of the World Trade Organization, as specified in subsection (b)(3)(A);

"(B) the adoption of a resolution by the United Nations General Assembly, as specified in subsection (b)(3)(B); and

"(C) the negotiation of an international arrangement, as specified in subsection (f)(1).

"(2) Update.—The President shall make continued efforts to seek the items specified in subparagraphs (A), (B), and (C) of paragraph (1) and shall promptly update the appropriate congressional committees on subsequent developments with respect to these efforts.

"(h) GAO Report.—Not later than 14 months after the date of the enactment of the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 [July 29, 2008], the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the effectiveness of the implementation of this section. The Comptroller General shall include in the report any recommendations for improving the administration of this Act.

"SEC. 4. FREEZING ASSETS OF THE BURMESE REGIME IN THE UNITED STATES.

"(a) Reporting Requirement.—Not later than 60 days after the date of enactment of this Act [July 28, 2003], the President shall take such action as is necessary to direct, and promulgate regulations to the same, that any United States financial institution holding funds belonging to the SPDC or the assets of those individuals who hold senior positions in the SPDC or its political arm, the Union Solidarity Development Association, shall promptly report those funds or assets to the Office of Foreign Assets Control.

"(b) Additional Authority.—The President may take such action as may be necessary to impose a sanctions regime to freeze such funds or assets, subject to such terms and conditions as the President determines to be appropriate.

"(c) Delegation.—The President may delegate the duties and authorities under this section to such Federal officers or other officials as the President deems appropriate.

"SEC. 5. LOANS AT INTERNATIONAL FINANCIAL INSTITUTIONS.

"(a) Opposition to Assistance to Burma.—The Secretary of the Treasury shall instruct the United States executive director to each appropriate international financial institution in which the United States participates, to oppose, and vote against the extension by such institution of any loan or financial or technical assistance to Burma until such time as the conditions described in section 3(a)(3) are met.

"(b) Licenses for Humanitarian or Religious Activities in Burma.—Notwithstanding any other provision of law, the Secretary of the Treasury is authorized to issue multi-year licenses for humanitarian or religious activities in Burma.

"SEC. 6. EXPANSION OF VISA BAN.

"(a) In General.—

"(1) Visa ban.—The President is authorized to deny visas and entry to the former and present leadership of the SPDC or the Union Solidarity Development Association.

"(2) Updates.—The Secretary of State shall coordinate on a biannual basis with representatives of the European Union to allow officials of the United States and the European Union to ensure a high degree of coordination of lists of individuals banned from obtaining a visa by the European Union for the reason described in paragraph (1) and those banned from receiving a visa from the United States.

"(b) Publication.—The Secretary of State shall post on the Department of State's website the names of individuals whose entry into the United States is banned under subsection (a).

"SEC. 7. CONDEMNATION OF THE REGIME AND DISSEMINATION OF INFORMATION.

"Congress encourages the Secretary of State to highlight the abysmal record of the SPDC to the international community and use all appropriate fora, including the Association of Southeast Asian Nations Regional Forum and Asian Nations Regional Forum, to encourage other states to restrict financial resources to the SPDC and Burmese companies while offering political recognition and support to Burma's democratic movement including the National League for Democracy and Burma's ethnic groups.

"SEC. 8. SUPPORT DEMOCRACY ACTIVISTS IN BURMA.

"(a) In General.—The President is authorized to use all available resources to assist Burmese democracy activists dedicated to nonviolent opposition to the regime in their efforts to promote freedom, democracy, and human rights in Burma, including a listing of constraints on such programming.

"(b) Reports.—

"(1) First report.—Not later than 3 months after the date of enactment of this Act [July 28, 2003], the Secretary of State shall provide the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and International Relations [now Foreign Affairs] of the House of Representatives a comprehensive report on its short- and long-term programs and activities to support democracy activists in Burma, including a list of constraints on such programming.

"(2) Report on resources.—Not later than 6 months after the date of enactment of this Act, the Secretary of State shall provide the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and International Relations [now Foreign Affairs] of the House of Representatives a report identifying resources that will be necessary for the reconstruction of Burma, after the SPDC is removed from power, including—

"(A) the formation of democratic institutions;

"(B) establishing the rule of law;

"(C) establishing freedom of the press;

"(D) providing for the successful reintegration of military officers and personnel into Burmese society; and

"(E) providing health, educational, and economic development.

"(3) Report on trade sanctions.—Not later than 90 days before the date on which the import restrictions contained in section 3(a)(1) are to expire, the Secretary of State, in consultation with the United States Trade Representative and the heads of appropriate agencies, shall submit to the Committees on Appropriations, Finance, and Foreign Relations of the Senate, and the Committees on Appropriations, International Relations [now Foreign Affairs], and Ways and Means of the House of Representatives, a report on—

"(A) bilateral and multilateral measures undertaken by the United States Government and other governments to promote human rights and democracy in Burma;

"(B) the extent to which actions related to trade with Burma taken pursuant to this Act have been effective in—

"(i) improving conditions in Burma, including human rights violations, arrest and detention of democracy activists, forced and child labor, and the status of dialogue between the SPDC and the NLD and ethnic minorities;

"(ii) furthering the policy objections of the United States toward Burma; and

"(C) the impact of actions relating to trade take [sic] pursuant to this Act on other national security, economic, and foreign policy interests of the United States, including relations with countries friendly to the United States.

"SEC. 9. DURATION OF SANCTIONS.

"(a) Termination by Request From Democratic Burma.—The President may terminate any provision in this Act upon the request of a democratically elected government in Burma, provided that all the conditions in section 3(a)(3) have been met.

"(b) Continuation of Import Sanctions.—

"(1) Expiration.—The import restrictions contained in section 3(a)(1) shall expire 1 year from the date of enactment of this Act [July 28, 2003] unless renewed under paragraph (2) of this section [subsection].

"(2) Resolution by congress.—The import restrictions contained in section 3(a)(1) may be renewed annually for a 1-year period if, prior to the anniversary of the date of enactment of this Act, and each year thereafter, a renewal resolution is enacted into law in accordance with subsection (c).

"(3) Limitation.—The import restrictions contained in section 3(a)(1) may be renewed for a maximum of twelve years from the date of the enactment of this Act [July 28, 2003].

"(4) Rule of construction.—For purposes of this subsection, any reference to section 3(a)(1) shall be deemed to include a reference to section 3A(b)(1) and (c)(1).

"(c) Renewal Resolutions.—

"(1) In general.—For purposes of this section, the term 'renewal resolution' means a joint resolution of the 2 Houses of Congress, the sole matter after the resolving clause of which is as follows: 'That Congress approves the renewal of the import restrictions contained in section 3(a)(1) and section 3A(b)(1) and (c)(1) of the Burmese Freedom and Democracy Act of 2003.'.

"(2) Procedures.—

"(A) In general.—A renewal resolution—

"(i) may be introduced in either House of Congress by any member of such House at any time within the 90-day period before the expiration of the import restrictions contained in section 3(a)(1) and section 3A(b)(1) and (c)(1); and

"(ii) the provisions of subparagraph (B) shall apply.

"(B) Expedited consideration.—The provisions of section 152(b), (c), (d), (e), and (f) of the Trade Act of 1974 (19 U.S.C. 2192 (b), (c), (d), (e), and (f)) apply to a renewal resolution under this Act as if such resolution were a resolution described in section 152(a) of the Trade Act of 1974."

[For effective date of amendment by Pub. L. 110–286, §6(b)(1), (2), see section 6(b)(3) of Pub. L. 110–286, set out above.]

[Pub. L. 109–251, §3, Aug. 1, 2006, 120 Stat. 654, provided that: "This Act [enacting note below and amending Pub. L. 108–61 set out above] and the amendments made by this Act shall take effect on the date of the enactment of this Act [Aug. 1, 2006] or July 26, 2006, whichever occurs first."]

[Proc. No. 8294, Sept. 26, 2008, 73 F.R. 57223, provided: in par. (2), that beginning on Sept. 27, 2008, importation of Burmese covered articles into the United States is prohibited, subject to certain exceptions; in par. (3), that beginning on Sept. 27, 2008, importation of non-Burmese covered articles into the United States is subject to certain conditions, with certain exceptions; in par. (4), that the Secretary of the Treasury and the Secretary of Homeland Security are authorized to issue regulations, licenses, and orders and to conduct necessary investigations to implement the prohibition on Burmese covered articles and the conditions for importation of non-Burmese covered articles set forth in section 3A(b), (c) of Pub. L. 108–61, set out above, and also to redelegate those functions as necessary; in par. (5), that the Secretary of the Treasury, in consultation with the Secretary of State, is authorized to perform the functions set forth in section 3A(c)(2)(A) of Pub. L. 108–61 relating to the issuance of waivers and may redelegate those functions; in par. (6), that the United States Trade Representative is authorized to perform the functions specified in section 3A(b)(3)(A) of Pub. L. 108–61; and, in pars. (7) to (9), that the Secretary of State is authorized to perform the functions specified in sections 3(b) and 3A(b)(3)(B) of Pub. L. 108–61, as well as the functions in section 3A(g) of that Act, in consultation with the United States Trade Representative.]

[Certain powers of President under sections 3(a) and 4 of Pub. L. 108–61, set out above, delegated to Secretary of the Treasury and functions and authorities of President under section 3(b) of Pub. L. 108–61 delegated to Secretary of State by section 9 of Ex. Ord. No. 13310, July 28, 2003, 68 F.R. 44854, listed in a table below.]

[Certain powers of President under section 4 of Pub. L. 108–61, set out above, delegated to Secretary of the Treasury by section 6 of Ex. Ord. No. 13448, Oct. 18, 2007, 72 F.R. 60225, listed in a table below.]

Provisions similar to those contained in section 5(a) of Pub. L. 108–61, set out above, were contained in the following appropriation acts:

Pub. L. 112–74, div. I, title VII, §7044(b)(1), Dec. 23, 2011, 125 Stat. 1230.

Pub. L. 111–117, div. F, title VII, §7071(b)(1), Dec. 16, 2009, 123 Stat. 3388.

Pub. L. 111–8, div. H, title VII, §7071(b)(1), Mar. 11, 2009, 123 Stat. 903.

Pub. L. 110–161, div. J, title VI, §638(b)(1), Dec. 26, 2007, 121 Stat. 2333.

Pub. L. 109–102, title V, §526(a), Nov. 14, 2005, 119 Stat. 2205.

Pub. L. 108–447, div. D, title V, §531(a), Dec. 8, 2004, 118 Stat. 3004.

Pub. L. 108–199, div. D, title V, §531(a), Jan. 23, 2004, 118 Stat. 180.

Pub. L. 112–163, §3(b), (c), Aug. 10, 2012, 126 Stat. 1277, provided that:

"(b) Renewal of Import Restrictions.—

"(1) In general.—Congress approves the renewal of the import restrictions contained in section 3(a)(1) and section 3A (b)(1) and (c)(1) of the Burmese Freedom and Democracy Act of 2003 [Pub. L. 108–61, set out above].

"(2) Rule of construction.—This section shall be deemed to be a 'renewal resolution' for purposes of section 9 of the Burmese Freedom and Democracy Act of 2003.

"(c) Effective Date.—This section [enacting this note and amending Pub. L. 108–61, set out above] and the amendment made by this section shall take effect on the date of the enactment of this Act [Aug. 10, 2012] or July 26, 2012, whichever occurs first."

Prior similar provisions were contained in the following Acts:

Pub. L. 112–36, §140, Oct. 5, 2011, 125 Stat. 391.

Pub. L. 112–33, §140, Sept. 30, 2011, 125 Stat. 368.

Pub. L. 111–210, §1, July 27, 2010, 124 Stat. 2256.

Pub. L. 111–42, title I, §102, July 28, 2009, 123 Stat. 1963.

Pub. L. 110–287, §1, July 29, 2008, 122 Stat. 2649.

Pub. L. 110–52, §§1, 4, Aug. 1, 2007, 121 Stat. 264.

Pub. L. 109–251, §2, Aug. 1, 2006, 120 Stat. 654.

Pub. L. 109–39, July 27, 2005, 119 Stat. 409.

Pub. L. 108–272, July 7, 2004, 118 Stat. 818.

Pub. L. 104–208, div. A, title I, §101(c) [title V, §570], Sept. 30, 1996, 110 Stat. 3009–121, 3009-166, as amended by Pub. L. 117–81, div. E, title LI, §5114(a)(1), Dec. 27, 2021, 135 Stat. 2351, provided that:

"(a) Until such time as the President determines and certifies to Congress that Burma has made measurable and substantial progress in improving human rights practices and implementing democratic government, the following sanctions shall be imposed on Burma:

"(1) Bilateral assistance.—There shall be no United States assistance to the Government of Burma, other than:

"(A) humanitarian assistance,

"(B) subject to the regular notification procedures of the Committees on Appropriations, counter-narcotics assistance under chapter 8 of part I of the Foreign Assistance Act of 1961 [Pub. L. 87–195], or crop substitution assistance, if the Secretary of State certifies to the appropriate congressional committees that—

"(i) the Government of Burma is fully cooperating with United States counter-narcotics efforts, and

"(ii) the programs are fully consistent with United States human rights concerns in Burma and serve the United States national interest, and

"(C) assistance promoting human rights and democratic values.

"(2) Multilateral assistance.—The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to vote against any loan or other utilization of funds of the respective bank to or for Burma.

"(3) Visas.—Except as required by treaty obligations or to staff the Burmese mission to the United States, the United States should not grant entry visas to any Burmese government official.

"(b) Conditional Sanctions.—The President is hereby authorized to prohibit, and shall prohibit[,] United States persons from new investment in Burma, if the President determines and certifies to Congress that, after the date of enactment of this Act [Sept. 30, 1996], the Government of Burma has physically harmed, rearrested for political acts, or exiled Daw Aung San Suu Kyi or has committed large-scale repression of or violence against the Democratic opposition.

"(c) Multilateral Strategy.—The President shall develop, in coordination with likeminded countries, a comprehensive, multilateral strategy to—

"(1) support democratic governance and inclusive and representative civilian government, including by supporting entities promoting democracy in Burma and denying legitimacy and resources to the military junta;

"(2) support organizations that represent the democratic aspirations of the people of Burma in the struggle against the military junta;

"(3) impose costs on the military junta;

"(4) secure the unconditional release of all political prisoners in Burma;

"(5) promote genuine national reconciliation among Burma's diverse ethnic and religious groups;

"(6) provide humanitarian assistance to internally displaced persons in Burma, particularly in areas targeted by the military junta, and in neighboring countries for refugees from Burma;

"(7) pursue accountability for atrocities, human rights violations, and crimes against humanity committed by the military junta or the Tatmadaw; and

"(8) counter corrosive malign influence of the People's Republic of China and the Russian Federation in Burma.

"(d) Presidential Reports.—Every year following the enactment of this Act [Sept. 30, 1996], the President shall report to the Chairmen of the Committee on Foreign Relations, the Committee on International Relations and the House and Senate Appropriations Committees on the following:

"(1) progress towards inclusive, democratic governance in Burma;

"(2) improvements in human rights practices and accountability for atrocities, human rights violations, and crimes against humanity committed by the Tatmadaw, or military junta of Burma;

"(3) progress toward broad-based and inclusive economic growth;

"(4) progress toward genuine national reconciliation;

"(5) steps taken to impose costs on the military junta;

"(6) progress made in advancing the strategy referred to in subsection (c); and

"(7) actions by the People's Republic of China or the Russian Federation that undermine the sovereignty, stability, or unity of Burma.

"(e) Waiver Authority.—The President shall have the authority to waive, temporarily or permanently, any sanction referred to in subsection (a) or subsection (b) if he determines and certifies to Congress that the application of such sanction would be contrary to the national security interests of the United States.

"(f) Definitions.—

"(1) The term 'international financial institutions' shall include the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Multilateral Investment Guarantee Agency, the Asian Development Bank, and the International Monetary Fund.

"(2) The term 'new investment' shall mean any of the following activities if such an activity is undertaken pursuant to an agreement, or pursuant to the exercise of rights under such an agreement, that is entered into with the Government of Burma or a nongovernmental entity in Burma, on or after the date of the certification under subsection (b):

"(A) the entry into a contract that includes the economical development of resources located in Burma, or the entry into a contract providing for the general supervision and guarantee of another person's performance of such a contract;

"(B) the purchase of a share of ownership, including an equity interest, in that development;

"(C) the entry into a contract providing for the participation in royalties, earnings, or profits in that development, without regard to the form of the participation:

Provided, That the term 'new investment' does not include the entry into, performance of, or financing of a contract to sell or purchase goods, services, or technology."

[Pub. L. 117–81, div. E, title LI, §5114(a)(1), Dec. 27, 2021, 135 Stat. 2351, which directed the amendment of section 570 of Pub. L. 104–208, was executed by amending Pub. L. 104–208, div. A, title I, §101(c) [title V, §570] (set out above), to reflect the probable intent of Congress.]

[Pub. L. 117–81, div. E, title LI, §5114(a)(2), Dec. 27, 2021, 135 Stat. 2352, provided that: "The amendments made by paragraph (1) [amending section 570 Pub. L. 104–208, set out above] shall take effect on the date of the enactment of this Act [Dec. 27, 2021] and apply with respect to the first report required under subsection (d) of section 570 of Public Law 104–208 [set out above] that is required after the date of the enactment of this Act."]

Presidential Determination Pursuant to Section 570(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997

Determination of President of the United States, No. 2017–04, Dec. 2, 2016, 81 F.R. 94211, provided:

Memorandum for the Secretary of State

By the authority vested in me as President by the Constitution and the laws of the United States, including section 570(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (Public Law 104–208) (the "Act"), I hereby determine and certify, pursuant to section 570(a) of the Act, that Burma has made measurable and substantial progress in improving human rights practices and implementing democratic government.

You are authorized and directed to provide this determination and the accompanying Memorandum of Justification to the Congress and to publish the determination in the Federal Register.

Barack Obama.      

Limited Waiver of Certain Sanctions Imposed by, and Delegation of Certain Authorities Pursuant to, the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008

Determination of President of the United States, No. 2009–11, Jan. 15, 2009, 74 F.R. 3957, provided:

Memorandum for the Secretary of State [and] the Secretary of the Treasury

By the authority vested in me as President by the Constitution and laws of the United States, including the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 (Public Law 110–286) (JADE Act) [set out as a note above] and section 301 of title 3, United States Code, in order to ensure that the United States Government's sanctions against the Burmese leadership and its supporters continue to be implemented effectively, to allow the reconciliation of measures applicable to persons sanctioned under the JADE Act with measures applicable to the same persons sanctioned under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), and to allow for the implementation of additional appropriate sanctions:

(1) I hereby waive, pursuant to section 5(i) of the JADE Act, the provisions of section 5(b) of the JADE Act with respect to those persons described in section 5(a)(1) of the JADE Act who are not included on the Department of the Treasury's List of Specially Designated Nationals and Blocked Persons. Because the imposition of effective and meaningful blocking sanctions requires the identification of those individuals and entities targeted for sanction and the authorization of certain limited exceptions to the prohibitions and restrictions that would otherwise apply, I hereby determine and certify that such a limited waiver is in the national interest of the United States.

(2) I hereby delegate to the Secretary of the Treasury the waiver authority set forth in section 5(i) of the JADE Act, including the authority to invoke or revoke the waiver with respect to any person or persons or any transaction or category of transactions or prohibitions by making the necessary determination and certification regarding the national interest of the United States set forth in that section. I hereby direct the Secretary of the Treasury, after consultation with the Secretary of State and with necessary support from the Intelligence Community, as defined in section 3(4) of the National Security Act of 1947, as amended ([former] 50 U.S.C. 401a(4)) [now 50 U.S.C. 3003(4)], to continue to target aggressively the Burmese regime and its lines of support. I further delegate to the Secretary of the Treasury the authority to take such actions as may be necessary to carry out the purposes of section 5(b) of the JADE Act. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government consistent with applicable law. The authorities delegated to the Secretary of the Treasury under this memorandum shall be exercised after consultation with the Secretary of State.

(3) I authorize the Secretary of State, after consultation with the Secretary of the Treasury, to take such actions as may be necessary to make the submissions to the appropriate congressional committees pursuant to section 5(d) of the JADE Act.

I hereby authorize and direct the Secretary of the Treasury to report this determination to the appropriate congressional committees and to publish it in the Federal Register.

George W. Bush.      

Sudan Peace

Pub. L. 108–497, Dec. 23, 2004, 118 Stat. 4012, as amended by Pub. L. 109–344, §§5(a), (b), 8(b), Oct. 13, 2006, 120 Stat. 1875, 1876, 1879, known as the Comprehensive Peace in Sudan Act of 2004, which enforced a comprehensive peace agreement for Sudan, as envisioned in the Sudan Peace Act and the Machakos Protocol of 2002, and continued to provide humanitarian assistance to the areas of Sudan to which the United States has access, was repealed by Pub. L. 116–283, div. A, title XII, §1270E(b), Jan. 1, 2021, 134 Stat. 3978, effective Jan. 1, 2020.

Pub. L. 107–245, Oct. 21, 2002, 116 Stat. 1504, as amended by Pub. L. 108–497, §5, Dec. 23, 2004, 118 Stat. 4016; Pub. L. 109–344, §9, Oct. 13, 2006, 120 Stat. 1880, known as the Sudan Peace Act, which authorized increased assistance to the areas of Sudan not controlled by the Government of Sudan to prepare the population for peace and democratic governance, was repealed by Pub. L. 116–283, div. A, title XII, §1270E(a), Jan. 1, 2021, 134 Stat. 3978, effective Jan. 1, 2020.

[Memorandum of President of the United States, Oct. 26, 2020, 85 F.R. 71213, certified, pursuant to section 6(e) of the Comprehensive Peace in Sudan Act of 2004 (Pub. L. 108–497, formerly set out above), that the Government of Sudan has taken demonstrable steps in accordance with section 12(a)(2) of the Sudan Peace Act of 2002 (Pub. L. 107–245, formerly set out above).]

Presidential Determinations on the Sudan Peace Act

Provisions certifying good faith negotiations between the Government of Sudan and the Sudan People's Liberation Movement were contained in the following:

Determination of President of the United States, No. 2004–29, Apr. 21, 2004, 69 F.R. 24905.

Determination of President of the United States, No. 2004–05, Oct. 21, 2003, 68 F.R. 63977.

Determination of President of the United States, No. 2003–21, Apr. 21, 2003, 68 F.R. 20329.

Assistance Efforts in Sudan

Pub. L. 108–199, div. D, title V, §534(j), Jan. 23, 2004, 118 Stat. 182, defined terms for purposes of section 501 of Pub. L. 106–570, formerly set out below.

Pub. L. 106–570, title V, §501, Dec. 27, 2000, 114 Stat. 3050, authorized the President to undertake appropriate programs with indigenous groups, agencies, or organizations in areas outside of control of the Government of Sudan in order to benefit the economic development of that area and its people and exempted exports from those areas from the export prohibitions of Ex. Ord. No. 13067, prior to repeal by Pub. L. 109–344, §8(a), Oct. 13, 2006, 120 Stat. 1879.

Iran, North Korea, and Syria Nonproliferation

Pub. L. 106–178, Mar. 14, 2000, 114 Stat. 38, as amended by Pub. L. 107–228, div. B, title XIII, §1306, Sept. 30, 2002, 116 Stat. 1438; Pub. L. 109–112, §§3–4(e)(1), Nov. 22, 2005, 119 Stat. 2368, 2369; Pub. L. 109–353, §3, Oct. 13, 2006, 120 Stat. 2015; Pub. L. 110–329, div. A, §125, Sept. 30, 2008, 122 Stat. 3577; Pub. L. 112–273, §4, Jan. 14, 2013, 126 Stat. 2454; Pub. L. 116–94, div. I, title VII, §701, Dec. 20, 2019, 133 Stat. 3028; Pub. L. 118–159, div. G, title LXXVIII, §7805, Dec. 23, 2024, 138 Stat. 2560, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Iran, North Korea, and Syria Nonproliferation Act'.

"SEC. 2. REPORTS ON PROLIFERATION RELATING TO IRAN, NORTH KOREA, AND SYRIA.

"(a) Reports.—The President shall, at the times specified in subsection (b), submit to the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate a report identifying every foreign person with respect to whom there is credible information indicating that that person, on or after January 1, 1999, transferred to or acquired from Iran, on or after January 1, 2005, transferred to or acquired from Syria, or on or after January 1, 2006, transferred to or acquired from North Korea—

"(1) goods, services, or technology listed on—

"(A) the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/ Rev.3/ Part 1, and subsequent revisions) and Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/ Rev.3/ Part 2, and subsequent revisions);

"(B) the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions;

"(C) the lists of items and substances relating to biological and chemical weapons the export of which is controlled by the Australia Group;

"(D) the Schedule One or Schedule Two list of toxic chemicals and precursors the export of which is controlled pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; or

"(E) the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996, and subsequent revisions; or

"(2) goods, services, or technology not listed on any list identified in paragraph (1) but which nevertheless would be, if they were United States goods, services, or technology, prohibited for export to Iran, North Korea, or Syria, as the case may be, because of their potential to make a material contribution to the development of nuclear, biological, or chemical weapons, or of ballistic or cruise missile systems.

"(b) Timing of Reports.—The reports under subsection (a) shall be submitted not later than 90 days after the date of the enactment of this Act [Mar. 14, 2000], not later than 6 months after such date of enactment, and not later than the end of each 6-month period thereafter.

"(c) Exceptions.—Any foreign person who—

"(1) was identified in a previous report submitted under subsection (a) on account of a particular transfer; or

"(2) has engaged in a transfer on behalf of, or in concert with, the Government of the United States,

is not required to be identified on account of that same transfer in any report submitted thereafter under this section, except to the degree that new information has emerged indicating that the particular transfer may have continued, or been larger, more significant, or different in nature than previously reported under this section.

"(d) Submission in Classified Form.—When the President considers it appropriate, reports submitted under subsection (a), or appropriate parts thereof, may be submitted in classified form.

"(e) Content of Reports.—Each report under subsection (a) shall contain, with respect to each foreign person identified in such report, a brief description of the type and quantity of the goods, services, or technology transferred by that person to Iran, the circumstances surrounding the transfer, the usefulness of the transfer to Iranian weapons programs, and the probable awareness or lack thereof of the transfer on the part of the government with primary jurisdiction over the person.

"SEC. 3. APPLICATION OF MEASURES TO CERTAIN FOREIGN PERSONS.

"(a) Application of Measures.—Subject to sections 4 and 5, the President is authorized to apply with respect to each foreign person identified in a report submitted pursuant to section 2(a), for such period of time as he may determine, any or all of the measures described in subsection (b).

"(b) Description of Measures.—The measures referred to in subsection (a) are the following:

"(1) Executive order no. 12938 prohibitions.—The measures set forth in subsections (b) and (c) of section 4 of Executive Order No. 12938.

"(2) Arms export prohibition.—Prohibition on United States Government sales to that foreign person of any item on the United States Munitions List as in effect on August 8, 1995, and termination of sales to that person of any defense articles, defense services, or design and construction services under the Arms Export Control Act [22 U.S.C. 2751 et seq.].

"(3) Dual use export prohibition.—Denial of licenses and suspension of existing licenses for the transfer to that person of items the export of which is controlled under the Export Administration Act of 1979 [50 U.S.C. 4601 et seq.] or the Export Administration Regulations.

"(c) Effective Date of Measures.—Measures applied pursuant to subsection (a) shall be effective with respect to a foreign person no later than—

"(1) 90 days after the report identifying the foreign person is submitted, if the report is submitted on or before the date required by section 2(b);

"(2) 90 days after the date required by section 2(b) for submitting the report, if the report identifying the foreign person is submitted within 60 days after that date; or

"(3) on the date that the report identifying the foreign person is submitted, if that report is submitted more than 60 days after the date required by section 2(b).

"(d) Publication in Federal Register.—The application of measures to a foreign person pursuant to subsection (a) shall be announced by notice published in the Federal Register.

"SEC. 4. PROCEDURES IF MEASURES ARE NOT APPLIED.

"(a) Requirement To Notify Congress.—Should the President not exercise the authority of section 3(a) to apply any or all of the measures described in section 3(b) with respect to a foreign person identified in a report submitted pursuant to section 2(a), he shall so notify the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate no later than the effective date under section 3(c) for measures with respect to that person.

"(b) Written Justification.—Any notification submitted by the President under subsection (a) shall include a written justification describing in detail the facts and circumstances relating specifically to the foreign person identified in a report submitted pursuant to section 2(a) that support the President's decision not to exercise the authority of section 3(a) with respect to that person.

"(c) Submission in Classified Form.—When the President considers it appropriate, the notification of the President under subsection (a), and the written justification under subsection (b), or appropriate parts thereof, may be submitted in classified form.

"SEC. 5. DETERMINATION EXEMPTING FOREIGN PERSON FROM SECTIONS 3 AND 4.

"(a) In General.—Sections 3 and 4 shall not apply to a foreign person 15 days after the President reports to the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate that the President has determined, on the basis of information provided by that person, or otherwise obtained by the President, that—

"(1) the person did not, on or after January 1, 1999, knowingly transfer to or acquire from Iran, North Korea, or Syria, as the case may be, the goods, services, or technology the apparent transfer of which caused that person to be identified in a report submitted pursuant to section 2(a);

"(2) the goods, services, or technology the transfer of which caused that person to be identified in a report submitted pursuant to section 2(a) did not materially contribute to the efforts of Iran, North Korea, or Syria, as the case may be, to develop nuclear, biological, or chemical weapons, or ballistic or cruise missile systems, or weapons listed on the Wassenaar Arrangement Munitions List of July 12, 1996, or any subsequent revision of that list;

"(3) the person is subject to the primary jurisdiction of a government that is an adherent to one or more relevant nonproliferation regimes, the person was identified in a report submitted pursuant to section 2(a) with respect to a transfer of goods, services, or technology described in section 2(a)(1), and such transfer was made consistent with the guidelines and parameters of all such relevant regimes of which such government is an adherent; or

"(4) the government with primary jurisdiction over the person has imposed meaningful penalties on that person on account of the transfer of the goods, services, or technology which caused that person to be identified in a report submitted pursuant to section 2(a).

"(b) Opportunity To Provide Information.—Congress urges the President—

"(1) in every appropriate case, to contact in a timely fashion each foreign person identified in each report submitted pursuant to section 2(a), or the government with primary jurisdiction over such person, in order to afford such person, or governments, the opportunity to provide explanatory, exculpatory, or other additional information with respect to the transfer that caused such person to be identified in a report submitted pursuant to section 2(a); and

"(2) to exercise the authority in subsection (a) in all cases where information obtained from a foreign person identified in a report submitted pursuant to section 2(a), or from the government with primary jurisdiction over such person, establishes that the exercise of such authority is warranted.

"(c) Submission in Classified Form.—When the President considers it appropriate, the determination and report of the President under subsection (a), or appropriate parts thereof, may be submitted in classified form.

"SEC. 6. RESTRICTION ON EXTRAORDINARY PAYMENTS IN CONNECTION WITH THE INTERNATIONAL SPACE STATION.

"(a) Restriction on Extraordinary Payments in Connection With the International Space Station.—Notwithstanding any other provision of law, no agency of the United States Government may make extraordinary payments in connection with the International Space Station to the Russian Aviation and Space Agency, any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency, or any other organization, entity, or element of the Government of the Russian Federation, unless, during the fiscal year in which the extraordinary payments in connection with the International Space Station are to be made, the President has made the determination described in subsection (b), and reported such determination to the Committee on International Relations [now Committee on Foreign Affairs] and the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation of the Senate.

"(b) Determination Regarding Russian Cooperation in Preventing Proliferation Relating to Iran, North Korea, and Syria.—The determination referred to in subsection (a) is a determination by the President that—

"(1) it is the policy of the Government of the Russian Federation to oppose the proliferation to or from Iran, North Korea, and Syria of weapons of mass destruction and missile systems capable of delivering such weapons;

"(2) the Government of the Russian Federation (including the law enforcement, export promotion, export control, and intelligence agencies of such government) has demonstrated and continues to demonstrate a sustained commitment to seek out and prevent the transfer to or from Iran, North Korea, and Syria of goods, services, and technology that could make a material contribution to the development of nuclear, biological, or chemical weapons, or of ballistic or cruise missile systems; and

"(3) neither the Russian Aviation and Space Agency, nor any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency, has, during the 1-year period prior to the date of the determination pursuant to this subsection, made transfers to or from Iran, North Korea, or Syria reportable under section 2(a) of this Act (other than transfers with respect to which a determination pursuant to section 5 has been or will be made).

"(c) Prior Notification.—Not less than 5 days before making a determination under subsection (b), the President shall notify the Committee on International Relations [now Committee on Foreign Affairs] and the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation of the Senate of his intention to make such determination.

"(d) Written Justification.—A determination of the President under subsection (b) shall include a written justification describing in detail the facts and circumstances supporting the President's conclusion.

"(e) Submission in Classified Form.—When the President considers it appropriate, a determination of the President under subsection (b), a prior notification under subsection (c), and a written justification under subsection (d), or appropriate parts thereof, may be submitted in classified form.

"(f) Exception for Crew Safety.—

"(1) Exception.—The National Aeronautics and Space Administration may make extraordinary payments that would otherwise be prohibited under this section to the Russian Aviation and Space Agency or any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency if the President has notified the Congress in writing that such payments are necessary to prevent the imminent loss of life by or grievous injury to individuals aboard the International Space Station.

"(2) Report.—Not later than 30 days after notifying Congress that the National Aeronautics and Space Administration will make extraordinary payments under paragraph (1), the President shall submit to Congress a report describing—

"(A) the extent to which the provisions of subsection (b) had been met as of the date of notification; and

"(B) the measures that the National Aeronautics and Space Administration is taking to ensure that—

"(i) the conditions posing a threat of imminent loss of life by or grievous injury to individuals aboard the International Space Station necessitating the extraordinary payments are not repeated; and

"(ii) it is no longer necessary to make extraordinary payments in order to prevent imminent loss of life by or grievous injury to individuals aboard the International Space Station.

"(g) Service Module Exception.—

"(1) The National Aeronautics and Space Administration may make extraordinary payments that would otherwise be prohibited under this section to the Russian Aviation and Space Agency, any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency, or any subcontractor thereof for the construction, testing, preparation, delivery, launch, or maintenance of the Service Module, and for the purchase (at a total cost not to exceed $14,000,000) of the pressure dome for the Interim Control Module and the Androgynous Peripheral Docking Adapter and related hardware for the United States propulsion module, if—

"(A) the President has notified Congress at least 5 days before making such payments;

"(B) no report has been made under section 2 with respect to an activity of the entity to receive such payment, and the President has no credible information of any activity that would require such a report; and

"(C) the United States will receive goods or services of value to the United States commensurate with the value of the extraordinary payments made.

"(2) For purposes of this subsection, the term 'maintenance' means activities which cannot be performed by the National Aeronautics and Space Administration and which must be performed in order for the Service Module to provide environmental control, life support, and orbital maintenance functions which cannot be performed by an alternative means at the time of payment.

"(3) This subsection shall cease to be effective 60 days after a United States propulsion module is in place at the International Space Station.

"(h) Exception.—Notwithstanding subsections (a) and (b), no agency of the United States Government may make extraordinary payments in connection with the International Space Station, or any other payments in connection with the International Space Station, to any foreign person subject to measures applied pursuant to—

"(1) section 3 of this Act; or

"(2) section 4 of Executive Order No. 12938 (November 14, 1994), as amended by Executive Order No. 13094 (July 28, 1998).

Such payments shall also not be made to any other entity if the agency of the United States Government anticipates that such payments will be passed on to such a foreign person.

"(i) Report on Certain Payments Related to International Space Station.—

"(1) In general.—The President shall, together with each report submitted under section 2(a), submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives a report that identifies each Russian entity or person to whom the United States Government has, since the date of the enactment of the Iran Nonproliferation Amendments Act of 2005 [Nov. 22, 2005], made a payment in cash or in kind for work to be performed or services to be rendered under the Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed at Washington January 29, 1998, and entered into force March 27, 2001, or any protocol, agreement, memorandum of understanding, or contract related thereto.

"(2) Content.—Each report submitted under paragraph (1) shall include—

"(A) the specific purpose of each payment made to each entity or person identified in the report; and

"(B) with respect to each such payment, the assessment of the President that the payment was not prejudicial to the achievement of the objectives of the United States Government to prevent the proliferation of ballistic or cruise missile systems in Iran and other countries that have repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), [former] section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) [former 50 U.S.C. 4605(j)], or section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)).

"SEC. 7. DEFINITIONS.

"For purposes of this Act, the following terms have the following meanings:

"(1) Extraordinary payments in connection with the international space station.—The term 'extraordinary payments in connection with the International Space Station' means payments in cash or in kind made or to be made by the United States Government—

"(A) for work on the International Space Station which the Russian Government pledged at any time to provide at its expense; or

"(B) for work on the International Space Station not required to be made under the terms of a contract or other agreement that was in effect on January 1, 1999, as those terms were in effect on such date,

  except that such term does not mean payments in cash or in kind made or to be made by the United States Government prior to December 31, 2030, for work to be performed or services to be rendered prior to that date necessary to meet United States obligations under the Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed at Washington January 29, 1998, and entered into force March 27, 2001, or any protocol, agreement, memorandum of understanding, or contract related thereto.

"(2) Foreign person; person.—The terms 'foreign person' and 'person' mean—

"(A) a natural person that is an alien;

"(B) a corporation, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group, that is organized under the laws of a foreign country or has its principal place of business in a foreign country;

"(C) any foreign government, including any foreign governmental entity; and

"(D) any successor, subunit, or subsidiary of any entity described in subparagraph (A), (B), or (C), including any entity in which any entity described in any such subparagraph owns a controlling interest.

"(3) Executive order no. 12938.—The term 'Executive Order No. 12938' means Executive Order No. 12938 [listed in a table below] as in effect on January 1, 1999.

"(4) Adherent to relevant nonproliferation regime.—A government is an 'adherent' to a 'relevant nonproliferation regime' if that government—

"(A) is a member of the Nuclear Suppliers Group with respect to a transfer of goods, services, or technology described in section 2(a)(1)(A);

"(B) is a member of the Missile Technology Control Regime with respect to a transfer of goods, services, or technology described in section 2(a)(1)(B), or is a party to a binding international agreement with the United States that was in effect on January 1, 1999, to control the transfer of such goods, services, or technology in accordance with the criteria and standards set forth in the Missile Technology Control Regime;

"(C) is a member of the Australia Group with respect to a transfer of goods, services, or technology described in section 2(a)(1)(C);

"(D) is a party to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction with respect to a transfer of goods, services, or technology described in section 2(a)(1)(D); or

"(E) is a member of the Wassenaar Arrangement with respect to a transfer of goods, services, or technology described in section 2(a)(1)(E).

"(5) Organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency.—

"(A) The term 'organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency' means an organization or entity that—

"(i) was made part of the Russian Space Agency upon its establishment on February 25, 1992;

"(ii) was transferred to the Russian Space Agency by decree of the Russian Government on July 25, 1994, or May 12, 1998;

"(iii) was or is transferred to the Russian Aviation and Space Agency or Russian Space Agency by decree of the Russian Government at any other time before, on, or after the date of the enactment of this Act [Mar. 14, 2000]; or

"(iv) is a joint stock company in which the Russian Aviation and Space Agency or Russian Space Agency has at any time held controlling interest.

"(B) Any organization or entity described in subparagraph (A) shall be deemed to be under the jurisdiction or control of the Russian Aviation and Space Agency regardless of whether—

"(i) such organization or entity, after being part of or transferred to the Russian Aviation and Space Agency or Russian Space Agency, is removed from or transferred out of the Russian Aviation and Space Agency or Russian Space Agency; or

"(ii) the Russian Aviation and Space Agency or Russian Space Agency, after holding a controlling interest in such organization or entity, divests its controlling interest."

[Pub. L. 109–112, §3(a)(2), Nov. 22, 2005, 119 Stat. 2368, which directed amendment of "section 7(1)(B)" of Pub. L. 106–178, set out above, by inserting at end "except that such term does not mean payments in cash or in kind made or to be made by the United States Government prior to January 1, 2012, for work to be performed or services to be rendered prior to that date necessary to meet United States obligations under the Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed at Washington January 29, 1998, and entered into force March 27, 2001, or any protocol, agreement, memorandum of understanding, or contract related thereto.", was executed by inserting text as concluding provisions of par. (1), to reflect the probable intent of Congress. Subsequent amendments by Pub. L. 110–329 and Pub. L. 112–173, which also directed amendment of section "7(1)(B)", were executed by making the amendments to such concluding provisions.]

[Pub. L. 109–112, §4(e)(2), Nov. 22, 2005, 119 Stat. 2370, provided that: "Any reference in a law, regulation, document, or other record of the United States to the Iran Nonproliferation Act of 2000 [now Iran, North Korea, and Syria Nonproliferation Act, Pub. L. 106–198, set out above] shall be deemed to be a reference to the Iran and Syria Nonproliferation Act."]

[Memorandum of President of the United States, Sept. 11, 2000, 65 F.R. 56209, delegated to the Secretary of State functions and authorities conferred on the President under Pub. L. 106–178, set out above, with the exception of section 6(f) and (g), from which were delegated to the Secretary of State only section 6(f)(2)(A) and (g)(1)(B), with the remaining functions and authorities under section 6(f) and (g) delegated to the Administrator of the National Aeronautics and Space Administration, and provided that authorities and functions delegated by the memorandum could be redelegated.]

Application of Authorities Under the International Emergency Economic Powers Act to Communist Chinese Military Companies

Pub. L. 105–261, div. A, title XII, §1237, Oct. 17, 1998, 112 Stat. 2160, as amended by Pub. L. 106–398, §1 [[div. A], title XII, §1233], Oct. 30, 2000, 114 Stat. 1654, 1654A-330; Pub. L. 108–375, div. A, title XII, §1222, Oct. 28, 2004, 118 Stat. 2089, provided that:

"(a) Presidential Authority.—

"(1) In general.—The President may exercise IEEPA authorities (other than authorities relating to importation) without regard to section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) in the case of any commercial activity in the United States by a person that is on the list published under subsection (b).

"(2) Penalties.—The penalties set forth in section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) apply to violations of any license, order, or regulation issued under paragraph (1).

"(3) Ieepa authorities.—For purposes of paragraph (1), the term 'IEEPA authorities' means the authorities set forth in section 203(a) of the International Emergency Economic Powers Act (50 U.S.C. 1702(a)).

"(b) Determination and Reporting of Communist Chinese Military Companies Operating in United States.—

"(1) Initial determination and reporting.—Not later than March 1, 2001, the Secretary of Defense shall make a determination of those persons operating directly or indirectly in the United States or any of its territories and possessions that are Communist Chinese military companies and shall submit a list of those persons in classified and unclassified form to the following:

"(A) The Committee on Armed Services of the House of Representatives.

"(B) The Committee on Armed Services of the Senate.

"(C) The Secretary of State.

"(D) The Secretary of the Treasury.

"(E) The Attorney General.

"(F) The Secretary of Commerce.

"(G) The Secretary of Energy.

"(H) The Director of Central Intelligence.

"(2) Annual revisions to the list.—The Secretary of Defense shall make additions or deletions to the list submitted under paragraph (1) on an annual basis based on the latest information available and shall submit the updated list not later than February 1, each year to the committees and officers specified in paragraph (1).

"(3) Consultation.—The Secretary of Defense shall consult with the following officers in carrying out paragraphs (1) and (2):

"(A) The Attorney General.

"(B) The Director of Central Intelligence.

"(C) The Director of the Federal Bureau of Investigation.

"(4) Communist chinese military company.—For purposes of making the determination required by paragraph (1) and of carrying out paragraph (2), the term 'Communist Chinese military company' means—

"(A) any person identified in the Defense Intelligence Agency publication numbered VP–1920–271–90, dated September 1990, or PC–1921–57–95, dated October 1995, and any update of those publications for the purposes of this section; and

"(B) any other person that—

"(i) is owned or controlled by, or affiliated with, the People's Liberation Army or a ministry of the government of the People's Republic of China or that is owned or controlled by an entity affiliated with the defense industrial base of the People's Republic of China; and

"(ii) is engaged in providing commercial services, manufacturing, producing, or exporting.

"(c) People's Liberation Army.—For purposes of this section, the term 'People's Liberation Army' means the land, naval, and air military services, the police, and the intelligence services of the Communist Government of the People's Republic of China, and any member of any such service or of such police."

[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 3001 of this title.]

[For termination, effective Dec. 31, 2021, of annual reporting provisions in section 1237(b)(2) of Pub. L. 105–261, set out above, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of Title 10, Armed Forces.]

Iran Sanctions

Pub. L. 104–172, Aug. 5, 1996, 110 Stat. 1541, as amended by Pub. L. 107–24, §§2(a), 3–5, Aug. 3, 2001, 115 Stat. 199, 200; Pub. L. 109–267, §1, Aug. 4, 2006, 120 Stat. 680; Pub. L. 109–293, title II, §§201–202(b), 203–205(g)(1), Sept. 30, 2006, 120 Stat. 1345–1347; Pub. L. 111–195, title I, §102(a)–(g), July 1, 2010, 124 Stat. 1317–1324; Pub. L. 112–158, title II, §§201, 202(a), 203, 204(a), 205–207(a), title III, §311(a), (b)(1), Aug. 10, 2012, 126 Stat. 1219, 1221, 1223, 1225-1227, 1247, 1248; Pub. L. 114–277, §2, Dec. 15, 2016, 130 Stat. 1409, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Iran Sanctions Act of 1996'.

"SEC. 2. FINDINGS.

"The Congress makes the following findings:

"(1) The efforts of the Government of Iran to acquire weapons of mass destruction and the means to deliver them and its support of acts of international terrorism endanger the national security and foreign policy interests of the United States and those countries with which the United States shares common strategic and foreign policy objectives.

"(2) The objective of preventing the proliferation of weapons of mass destruction and acts of international terrorism through existing multilateral and bilateral initiatives requires additional efforts to deny Iran the financial means to sustain its nuclear, chemical, biological, and missile weapons programs.

"(3) The Government of Iran uses its diplomatic facilities and quasi-governmental institutions outside of Iran to promote acts of international terrorism and assist its nuclear, chemical, biological, and missile weapons programs.

"SEC. 3. DECLARATION OF POLICY.

"The Congress declares that it is the policy of the United States to deny Iran the ability to support acts of international terrorism and to fund the development and acquisition of weapons of mass destruction and the means to deliver them by limiting the development of Iran's ability to explore for, extract, refine, or transport by pipeline petroleum resources of Iran.

"SEC. 4. MULTILATERAL REGIME.

"(a) Multilateral Negotiations.—In order to further the objectives of section 3, the Congress urges the President to commence immediately diplomatic efforts, both in appropriate international fora such as the United Nations, and bilaterally with allies of the United States, to establish a multilateral sanctions regime against Iran, including provisions limiting the development of petroleum resources, that will inhibit Iran's efforts to carry out activities described in section 2.

"(b) Reports to Congress.—The President shall report to the appropriate congressional committees, not later than 1 year after the date of the enactment of this Act [Aug. 5, 1996], and periodically thereafter, on the extent that diplomatic efforts described in subsection (a) have been successful. Each report shall include—

"(1) the countries that have agreed to undertake measures to further the objectives of section 3 with respect to Iran, and a description of those measures; and

"(2) the countries that have not agreed to measures described in paragraph (1), and, with respect to those countries, other measures the President recommends that the United States take to further the objectives of section 3 with respect to Iran.

"(c) Waiver.—

"(1) In general.—

"(A) General waiver.—The President may, on a case by case basis, waive for a period of not more than six months the application of section 5(a) with respect to a national of a country, if the President certifies to the appropriate congressional committees at least 30 days before such waiver is to take effect that such waiver is vital to the national security interests of the United States.

"(B) Waiver with respect to persons in countries that cooperate in multilateral efforts with respect to iran.—The President may, on a case by case basis, waive for a period of not more than 12 months the application of section 5(a) with respect to a person if the President, at least 30 days before the waiver is to take effect—

"(i) certifies to the appropriate congressional committees that—

     "(I) the government with primary jurisdiction over the person is closely cooperating with the United States in multilateral efforts to prevent Iran from—

"(aa) acquiring or developing chemical, biological, or nuclear weapons or related technologies; or

"(bb) acquiring or developing destabilizing numbers and types of advanced conventional weapons; and

     "(II) such a waiver is vital to the national security interests of the United States; and

"(ii) submits to the appropriate congressional committees a report identifying—

     "(I) the person with respect to which the President waives the application of sanctions; and

     "(II) the actions taken by the government described in clause (i)(I) to cooperate in multilateral efforts described in that clause.

"(2) Subsequent renewal of waiver.—At the conclusion of the period of a waiver under subparagraph (A) or (B) of paragraph (1), the President may renew the waiver—

"(A) if the President determines, in accordance with subparagraph (A) or (B) of that paragraph (as the case may be), that the waiver is appropriate; and

"(B)(i) in the case of a waiver under subparagraph (A) of paragraph (1), for subsequent periods of not more than six months each; and

"(ii) in the case of a waiver under subparagraph (B) of paragraph (1), for subsequent periods of not more than 12 months each.

"(d) Interim Report on Multilateral Sanctions; Monitoring.—The President, not later than 90 days after the date of the enactment of this Act, shall report to the appropriate congressional committees on—

"(1) whether the member states of the European Union, the Republic of Korea, Australia, Israel, or Japan have legislative or administrative standards providing for the imposition of trade sanctions on persons or their affiliates doing business or having investments in Iran or Libya;

"(2) the extent and duration of each instance of the application of such sanctions; and

"(3) the disposition of any decision with respect to such sanctions by the World Trade Organization or its predecessor organization.

"(e) Investigations.—

"(1) In general.—The President shall initiate an investigation into the possible imposition of sanctions under section 5(a) against a person upon receipt by the United States of credible information indicating that such person is engaged in an activity described in such section.

"(2) Determination and notification.—Not later than 180 days after an investigation is initiated in accordance with paragraph (1), the President shall (unless paragraph (3) applies) determine, pursuant to section 5(a), if a person has engaged in an activity described in such section and shall notify the appropriate congressional committees of the basis for any such determination.

"(3) Special rule.—The President need not initiate an investigation, and may terminate an investigation, under this subsection if the President certifies in writing to the appropriate congressional committees that—

"(A) the person whose activity was the basis for the investigation is no longer engaging in the activity or has taken significant verifiable steps toward stopping the activity; and

"(B) the President has received reliable assurances that the person will not knowingly engage in an activity described in section 5(a) in the future.

"(f) Briefings on Implementation.—Not later than 90 days after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], and every 120 days thereafter, the President, acting through the Secretary of State, shall provide to the appropriate congressional committees a comprehensive briefing on efforts to implement this Act.

"SEC. 5. IMPOSITION OF SANCTIONS.

"(a) Sanctions Relating to the Energy Sector of Iran.—

"(1) Development of petroleum resources of iran.—

"(A) In general.—Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly, on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012]—

"(i) makes an investment described in subparagraph (B) of $20,000,000 or more; or

"(ii) makes a combination of investments described in subparagraph (B) in a 12-month period if each such investment is of at least $5,000,000 and such investments equal or exceed $20,000,000 in the aggregate.

"(B) Investment described.—An investment described in this subparagraph is an investment that directly and significantly contributes to the enhancement of Iran's ability to develop petroleum resources.

"(2) Production of refined petroleum products.—

"(A) In general.—Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly, on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], sells, leases, or provides to Iran goods, services, technology, information, or support described in subparagraph (B)—

"(i) any of which has a fair market value of $1,000,000 or more; or

"(ii) that, during a 12-month period, have an aggregate fair market value of $5,000,000 or more.

"(B) Goods, services, technology, information, or support described.—Goods, services, technology, information, or support described in this subparagraph are goods, services, technology, information, or support that could directly and significantly facilitate the maintenance or expansion of Iran's domestic production of refined petroleum products, including any direct and significant assistance with respect to the construction, modernization, or repair of petroleum refineries or directly associated infrastructure, including construction of port facilities, railways, and roads, the primary use of which is to support the delivery of refined petroleum products.

"(3) Exportation of refined petroleum products to iran.—

"(A) In general.—Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly, on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012]—

"(i) sells or provides to Iran refined petroleum products—

     "(I) that have a fair market value of $1,000,000 or more; or

     "(II) that, during a 12-month period, have an aggregate fair market value of $5,000,000 or more; or

"(ii) sells, leases, or provides to Iran goods, services, technology, information, or support described in subparagraph (B)—

     "(I) any of which has a fair market value of $1,000,000 or more; or

     "(II) that, during a 12-month period, have an aggregate fair market value of $5,000,000 or more.

"(B) Goods, services, technology, information, or support described.—Goods, services, technology, information, or support described in this subparagraph are goods, services, technology, information, or support that could directly and significantly contribute to the enhancement of Iran's ability to import refined petroleum products, including—

"(i) except as provided in subparagraph (C), underwriting or entering into a contract to provide insurance or reinsurance for the sale, lease, or provision of such goods, services, technology, information, or support;

"(ii) financing or brokering such sale, lease, or provision;

"(iii) providing ships or shipping services to deliver refined petroleum products to Iran;

"(iv) bartering or contracting by which goods are exchanged for goods, including the insurance or reinsurance of such exchanges; or

"(v) purchasing, subscribing to, or facilitating the issuance of sovereign debt of the Government of Iran, including governmental bonds, issued on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012.

"(C) Exception for underwriters and insurance providers exercising due diligence.—The President may not impose sanctions under this paragraph with respect to a person that provides underwriting services or insurance or reinsurance if the President determines that the person has exercised due diligence in establishing and enforcing official policies, procedures, and controls to ensure that the person does not underwrite or enter into a contract to provide insurance or reinsurance for the sale, lease, or provision of goods, services, technology, information, or support described in subparagraph (B).

"(4) Joint ventures with iran relating to developing petroleum resources.—

"(A) In general.—Except as provided in subparagraph (B) or subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly participates, on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], in a joint venture with respect to the development of petroleum resources outside of Iran if—

"(i) the joint venture is established on or after January 1, 2002; and

"(ii)(I) the Government of Iran is a substantial partner or investor in the joint venture; or

"(II) Iran could, through a direct operational role in the joint venture or by other means, receive technological knowledge or equipment not previously available to Iran that could directly and significantly contribute to the enhancement of Iran's ability to develop petroleum resources in Iran.

"(B) Applicability.—Subparagraph (A) shall not apply with respect to participation in a joint venture established on or after January 1, 2002, and before the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012, if the person participating in the joint venture terminates that participation not later than the date that is 180 days after such date of enactment.

"(5) Support for the development of petroleum resources and refined petroleum products in iran.—

"(A) In general.—Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly, on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], sells, leases, or provides to Iran goods, services, technology, or support described in subparagraph (B)—

"(i) any of which has a fair market value of $1,000,000 or more; or

"(ii) that, during a 12-month period, have an aggregate fair market value of $5,000,000 or more.

"(B) Goods, services, technology, or support described.—Goods, services, technology, or support described in this subparagraph are goods, services, technology, or support that could directly and significantly contribute to the maintenance or enhancement of Iran's—

"(i) ability to develop petroleum resources located in Iran; or

"(ii) domestic production of refined petroleum products, including any direct and significant assistance with respect to the construction, modernization, or repair of petroleum refineries or directly associated infrastructure, including construction of port facilities, railways, and roads, the primary use of which is to support the delivery of refined petroleum products.

"(6) Development and purchase of petrochemical products from iran.—

"(A) In general.—Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly, on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], sells, leases, or provides to Iran goods, services, technology, or support described in subparagraph (B)—

"(i) any of which has a fair market value of $250,000 or more; or

"(ii) that, during a 12-month period, have an aggregate fair market value of $1,000,000 or more.

"(B) Goods, services, technology, or support described.—Goods, services, technology, or support described in this subparagraph are goods, services, technology, or support that could directly and significantly contribute to the maintenance or expansion of Iran's domestic production of petrochemical products.

"(7) Transportation of crude oil from iran.—

"(A) In general.—Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that—

"(i) the person is a controlling beneficial owner of, or otherwise owns, operates, or controls, or insures, a vessel that, on or after the date that is 90 days after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], was used to transport crude oil from Iran to another country; and

"(ii)(I) in the case of a person that is a controlling beneficial owner of the vessel, the person had actual knowledge the vessel was so used; or

"(II) in the case of a person that otherwise owns, operates, or controls, or insures, the vessel, the person knew or should have known the vessel was so used.

"(B) Applicability of sanctions.—

"(i) In general.—Except as provided in clause (ii), subparagraph (A) shall apply with respect to the transportation of crude oil from Iran only if a determination of the President under section 1245(d)(4)(B) of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)(4)(B)) that there is a sufficient supply of petroleum and petroleum products produced in countries other than Iran to permit purchasers of petroleum and petroleum products from Iran to reduce significantly their purchases from Iran is in effect at the time of the transportation of the crude oil.

"(ii) Exception for certain countries.—Subparagraph (A) shall not apply with respect to the transportation of crude oil from Iran to a country to which the exception under paragraph (4)(D) of section 1245(d) of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)) to the imposition of sanctions under paragraph (1) of that section applies at the time of the transportation of the crude oil.

"(8) Concealing iranian origin of crude oil and refined petroleum products.—

"(A) In general.—Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person is a controlling beneficial owner, or otherwise owns, operates, or controls, a vessel that, on or after the date that is 90 days after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], is used, with actual knowledge in the case of a person that is a controlling beneficial owner or knowingly in the case of a person that otherwise owns, operates, or controls the vessel, in a manner that conceals the Iranian origin of crude oil or refined petroleum products transported on the vessel, including by—

"(i) permitting the operator of the vessel to suspend the operation of the vessel's satellite tracking device; or

"(ii) obscuring or concealing the ownership, operation, or control of the vessel by—

     "(I) the Government of Iran;

     "(II) the National Iranian Tanker Company or the Islamic Republic of Iran Shipping Lines; or

     "(III) any other entity determined by the President to be owned or controlled by the Government of Iran or an entity specified in subclause (II).

"(B) Additional sanction.—Subject to such regulations as the President may prescribe and in addition to the sanctions imposed under subparagraph (A), the President may prohibit a vessel owned, operated, or controlled by a person, including a controlling beneficial owner, with respect to which the President has imposed sanctions under that subparagraph and that was used for the activity for which the President imposed those sanctions from landing at a port in the United States for a period of not more than 2 years after the date on which the President imposed those sanctions.

"(C) Vessels identified by the office of foreign assets control.—For purposes of subparagraph (A)(ii), a person shall be deemed to have actual knowledge that a vessel is owned, operated, or controlled by the Government of Iran or an entity specified in subclause (II) or (III) of subparagraph (A)(ii) if the International Maritime Organization vessel registration identification for the vessel is—

"(i) included on a list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury for activities with respect to Iran; and

"(ii) identified by the Office of Foreign Assets Control as a vessel in which the Government of Iran or any entity specified in subclause (II) or (III) of subparagraph (A)(ii) has an interest.

"(D) Definition of iranian origin.—For purposes of subparagraph (A), the term 'Iranian origin' means—

"(i) with respect to crude oil, that the crude oil was extracted in Iran; and

"(ii) with respect to a refined petroleum product, that the refined petroleum product was produced or refined in Iran.

"(9) Exception for provision of underwriting services and insurance and reinsurance.—The President may not impose sanctions under paragraph (7) or (8) with respect to a person that provides underwriting services or insurance or reinsurance if the President determines that the person has exercised due diligence in establishing and enforcing official policies, procedures, and controls to ensure that the person does not provide underwriting services or insurance or reinsurance for the transportation of crude oil or refined petroleum products from Iran in a manner for which sanctions may be imposed under either such paragraph.

"(b) Mandatory Sanctions With Respect to Development of Weapons of Mass Destruction or Other Military Capabilities.—

"(1) Exports, transfers, and transshipments.—Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person—

"(A) on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], exported or transferred, or permitted or otherwise facilitated the transshipment of, any goods, services, technology, or other items to any other person; and

"(B) knew or should have known that—

"(i) the export, transfer, or transshipment of the goods, services, technology, or other items would likely result in another person exporting, transferring, transshipping, or otherwise providing the goods, services, technology, or other items to Iran; and

"(ii) the export, transfer, transshipment, or other provision of the goods, services, technology, or other items to Iran would contribute materially to the ability of Iran to—

     "(I) acquire or develop chemical, biological, or nuclear weapons or related technologies; or

     "(II) acquire or develop destabilizing numbers and types of advanced conventional weapons.

"(2) Joint ventures relating to the mining, production, or transportation of uranium.—

"(A) In general.—Except as provided in subparagraph (B) or subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly participated, on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], in a joint venture that involves any activity relating to the mining, production, or transportation of uranium—

"(i)(I) established on or after February 2, 2012; and

"(II) with—

     "(aa) the Government of Iran;

     "(bb) an entity incorporated in Iran or subject to the jurisdiction of the Government of Iran; or

     "(cc) a person acting on behalf of or at the direction of, or owned or controlled by, the Government of Iran or an entity described in item (bb); or

"(ii)(I) established before February 2, 2012;

"(II) with the Government of Iran, an entity described in item (bb) of clause (i)(II), or a person described in item (cc) of that clause; and

"(III) through which—

     "(aa) uranium is transferred directly to Iran or indirectly to Iran through a third country;

     "(bb) the Government of Iran receives significant revenue; or

     "(cc) Iran could, through a direct operational role or by other means, receive technological knowledge or equipment not previously available to Iran that could contribute materially to the ability of Iran to develop nuclear weapons or related technologies.

"(B) Applicability of sanctions.—Subparagraph (A) shall not apply with respect to participation in a joint venture established before the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 if the person participating in the joint venture terminates that participation not later than the date that is 180 days after such date of enactment.

"(3) Additional mandatory sanctions relating to transfer of nuclear technology.—

"(A) In general.—Except as provided in subparagraphs (B) and (C), in any case in which a person is subject to sanctions under paragraph (1) or (2) because of an activity described in that paragraph that relates to the acquisition or development of nuclear weapons or related technology or of missiles or advanced conventional weapons that are designed or modified to deliver a nuclear weapon, no license may be issued for the export, and no approval may be given for the transfer or retransfer, directly or indirectly, to the country the government of which has primary jurisdiction over the person, of any nuclear material, facilities, components, or other goods, services, or technology that are or would be subject to an agreement for cooperation between the United States and that government.

"(B) Exception.—The sanctions described in subparagraph (A) shall not apply with respect to a country the government of which has primary jurisdiction over a person that engages in an activity described in that subparagraph if the President determines and notifies the appropriate congressional committees that the government of the country—

"(i) does not know or have reason to know about the activity; or

"(ii) has taken, or is taking, all reasonable steps necessary to prevent a recurrence of the activity and to penalize the person for the activity.

"(C) Individual approval.—Notwithstanding subparagraph (A), the President may, on a case-by-case basis, approve the issuance of a license for the export, or approve the transfer or retransfer, of any nuclear material, facilities, components, or other goods, services, or technology that are or would be subject to an agreement for cooperation, to a person in a country to which subparagraph (A) applies (other than a person that is subject to the sanctions under paragraph (1) or (2)) if the President—

"(i) determines that such approval is vital to the national security interests of the United States; and

"(ii) not later than 15 days before issuing such license or approving such transfer or retransfer, submits to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate the justification for approving such license, transfer, or retransfer.

"(D) Construction.—The restrictions in subparagraph (A) shall apply in addition to all other applicable procedures, requirements, and restrictions contained in the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.] and other related laws.

"(E) Definition.—In this paragraph, the term 'agreement for cooperation' has the meaning given that term in section 11 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(b)).

"(F) Applicability.—The sanctions under subparagraph (A) shall apply only in a case in which a person is subject to sanctions under paragraph (1) or (2) because of an activity described in paragraph (1) or (2), as the case may be[,] in which the person engages on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012].

"(c) Persons Against Which the Sanctions Are To Be Imposed.—The sanctions described in subsection (a) and paragraphs (1) and (2) of subsection (b) shall be imposed on—

"(1) any person the President determines has carried out the activities described in subsection (a) or paragraph (1) or (2) of subsection (b); and

"(2) any person that—

"(A) is a successor entity to the person referred to in paragraph (1);

"(B) owns or controls the person referred to in paragraph (1), if the person that owns or controls the person referred to in paragraph (1) had actual knowledge or should have known that the person referred to in paragraph (1) engaged in the activities referred to in that paragraph; or

"(C) is owned or controlled by, or under common ownership or control with, the person referred to in paragraph (1), if the person owned or controlled by, or under common ownership or control with (as the case may be), the person referred to in paragraph (1) knowingly engaged in the activities referred to in that paragraph.

For purposes of this Act, any person or entity described in this subsection shall be referred to as a 'sanctioned person'.

"(d) Publication in Federal Register.—The President shall cause to be published in the Federal Register a current list of persons and entities on whom sanctions have been imposed under this Act. The removal of persons or entities from, and the addition of persons and entities to, the list, shall also be so published.

"(e) Publication of Projects.—The President shall cause to be published in the Federal Register a list of all significant projects which have been publicly tendered in the oil and gas sector in Iran.

"(f) Exceptions.—The President shall not be required to apply or maintain the sanctions under subsection (a) or paragraph (1) or (2) of subsection (b)—

"(1) in the case of procurement of defense articles or defense services—

"(A) under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy requirements essential to the national security of the United States;

"(B) if the President determines in writing that the person to which the sanctions would otherwise be applied is a sole source supplier of the defense articles or services, that the defense articles or services are essential, and that alternative sources are not readily or reasonably available; or

"(C) if the President determines in writing that such articles or services are essential to the national security under defense coproduction agreements;

"(2) in the case of procurement, to eligible products, as defined in section 308(4) of the Trade Agreements Act of 1979 (19 U.S.C. 2518(4)), of any foreign country or instrumentality designated under section 301(b) of that Act (19 U.S.C. 2511(b));

"(3) to products, technology, or services provided under contracts entered into before the date on which the President publishes in the Federal Register the name of the person on whom the sanctions are to be imposed;

"(4) to—

"(A) spare parts which are essential to United States products or production;

"(B) component parts, but not finished products, essential to United States products or production; or

"(C) routine servicing and maintenance of products, to the extent that alternative sources are not readily or reasonably available;

"(5) to information and technology essential to United States products or production; or

"(6) to medicines, medical supplies, or other humanitarian items.

"SEC. 6. DESCRIPTION OF SANCTIONS.

"(a) In General.—The sanctions to be imposed on a sanctioned person under section 5 are as follows:

"(1) Export-import bank assistance for exports to sanctioned persons.—The President may direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to any sanctioned person.

"(2) Export sanction.—The President may order the United States Government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to a sanctioned person under—

"(i) the Export Administration Act of 1979 [50 U.S.C. 4601 et seq.];

"(ii) the Arms Export Control Act [22 U.S.C. 2751 et seq.];

"(iii) the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.]; or

"(iv) any other statute that requires the prior review and approval of the United States Government as a condition for the export or reexport of goods or services.

"(3) Loans from united states financial institutions.—The United States Government may prohibit any United States financial institution from making loans or providing credits to any sanctioned person totaling more than $10,000,000 in any 12-month period unless such person is engaged in activities to relieve human suffering and the loans or credits are provided for such activities.

"(4) Prohibitions on financial institutions.—The following prohibitions may be imposed against a sanctioned person that is a financial institution:

"(A) Prohibition on designation as primary dealer.—Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, such financial institution as a primary dealer in United States Government debt instruments.

"(B) Prohibition on service as a repository of government funds.—Such financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds.

The imposition of either sanction under subparagraph (A) or (B) shall be treated as 1 sanction for purposes of section 5, and the imposition of both such sanctions shall be treated as 2 sanctions for purposes of section 5.

"(5) Procurement sanction.—The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from a sanctioned person.

"(6) Foreign exchange.—The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the sanctioned person has any interest.

"(7) Banking transactions.—The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the sanctioned person.

"(8) Property transactions.—The President may, pursuant to such regulations as the President may prescribe, prohibit any person from—

"(A) acquiring, holding, withholding, using, transferring, withdrawing, transporting, importing, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the sanctioned person has any interest;

"(B) dealing in or exercising any right, power, or privilege with respect to such property; or

"(C) conducting any transaction involving such property.

"(9) Ban on investment in equity or debt of sanctioned person.—The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of a sanctioned person.

"(10) Exclusion of corporate officers.—The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, a sanctioned person.

"(11) Sanctions on principal executive officers.—The President may impose on the principal executive officer or officers of any sanctioned person, or on persons performing similar functions and with similar authorities as such officer or officers, any of the sanctions under this subsection.

"(12) Additional sanctions.—The President may impose sanctions, as appropriate, to restrict imports with respect to a sanctioned person, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 and following).

"(b) Additional Measure Relating to Government Contracts.—

"(1) Modification of federal acquisition regulation.—

"(A) Certifications relating to activities described in section 5.—Not later than 90 days after the date of the enactment of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 [July 1, 2010], the Federal Acquisition Regulation shall be revised to require a certification from each person that is a prospective contractor that the person, and any person owned or controlled by the person, does not engage in any activity for which sanctions may be imposed under section 5.

"(B) Certifications relating to transactions with iran's revolutionary guard corps.—Not later than 120 days after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], the Federal Acquisition Regulation shall be revised to require a certification from each person that is a prospective contractor that the person, and any person owned or controlled by the person, does not knowingly engage in a significant transaction or transactions with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).

"(2) Remedies.—

"(A) In general.—If the head of an executive agency determines that a person has submitted a false certification under paragraph (1) on or after the date on which the applicable revision of the Federal Acquisition Regulation required by this subsection becomes effective, the head of that executive agency shall terminate a contract with such person or debar or suspend such person from eligibility for Federal contracts for a period of not less than 2 years. Any such debarment or suspension shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations.

"(B) Inclusion on list of parties excluded from federal procurement and nonprocurement programs.—The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency on the basis of a determination of a false certification under subparagraph (A).

"(3) Clarification regarding certain products.—The remedies set forth in paragraph (2) shall not apply with respect to the procurement of eligible products, as defined in section 308(4) of the Trade Agreements Act of 1974 [1979] (19 U.S.C. 2518(4)), of any foreign country or instrumentality designated under section 301(b) of that Act (19 U.S.C. 2511(b)).

"(4) Rule of construction.—This subsection shall not be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under paragraph (1).

"(5) Waivers.—The President may on a case-by-case basis waive the requirement that a person make a certification under paragraph (1) if the President determines and certifies in writing to the appropriate congressional committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives, that it is essential to the national security interests of the United States to do so.

"(6) Definitions.—In this subsection:

"(A) Executive agency.—The term 'executive agency' has the meaning given that term in section 133 of title 41, United States Code.

"(B) Federal acquisition regulation.—The term 'Federal Acquisition Regulation' means the regulation issued pursuant to section 1303(a)(1) of title 41, United States Code.

"(7) Applicability.—

"(A) Certifications relating to activities described in section 5.—The revisions to the Federal Acquisition Regulation required under paragraph (1)(A) shall apply with respect to contracts for which solicitations are issued on or after the date that is 90 days after the date of the enactment of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 [July 1, 2010].

"(B) Certifications relating to transactions with iran's revolutionary guard corps.—The revisions to the Federal Acquisition Regulation required under paragraph (1)(B) shall apply with respect to contracts for which solicitations are issued on or after the date that is 120 days after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012].

"SEC. 7. ADVISORY OPINIONS.

"The Secretary of State may, upon the request of any person, issue an advisory opinion to that person as to whether a proposed activity by that person would subject that person to sanctions under this Act. Any person who relies in good faith on such an advisory opinion which states that the proposed activity would not subject a person to such sanctions, and any person who thereafter engages in such activity, will not be made subject to such sanctions on account of such activity.

"SEC. 8. TERMINATION OF SANCTIONS.

"The requirement under section 5(a) to impose sanctions shall no longer have force or effect with respect to Iran if the President determines and certifies to the appropriate congressional committees that Iran—

"(1) has ceased its efforts to design, develop, manufacture, or acquire—

"(A) a nuclear explosive device or related materials and technology;

"(B) chemical and biological weapons; and

"(C) ballistic missiles and ballistic missile launch technology;

"(2) has been removed from the list of countries the governments of which have been determined, for purposes of [former] section 6(j) of the Export Administration Act of 1979 [former 50 U.S.C. 4605(j)], to have repeatedly provided support for acts of international terrorism; and

"(3) poses no significant threat to United States national security, interests, or allies.

"SEC. 9. DURATION OF SANCTIONS; PRESIDENTIAL WAIVER.

"(a) Delay of Sanctions.—

"(1) Consultations.—If the President makes a determination described in subsection (a) or paragraph (1) or (2) of subsection (b) of section 5 with respect to a foreign person, the Congress urges the President to initiate consultations immediately with the government with primary jurisdiction over that foreign person with respect to the imposition of sanctions under this Act.

"(2) Actions by government of jurisdiction.—In order to pursue consultations under paragraph (1) with the government concerned, the President may delay imposition of sanctions under this Act for up to 90 days. Following such consultations, the President shall immediately impose sanctions unless the President determines and certifies to the Congress that the government has taken specific and effective actions, including, as appropriate, the imposition of appropriate penalties, to terminate the involvement of the foreign person in the activities that resulted in the determination by the President under subsection (a) or paragraph (1) or (2) of subsection (b) of section 5 concerning such person.

"(3) Additional delay in imposition of sanctions.—The President may delay the imposition of sanctions for up to an additional 90 days if the President determines and certifies to the Congress that the government with primary jurisdiction over the person concerned is in the process of taking the actions described in paragraph (2).

"(4) Report to congress.—Not later than 90 days after making a determination under subsection (a) or paragraph (1) or (2) of subsection (b) of section 5, the President shall submit to the appropriate congressional committees a report on the status of consultations with the appropriate foreign government under this subsection, and the basis for any determination under paragraph (3).

"(b) Duration of Sanctions.—A sanction imposed under section 5 shall remain in effect—

"(1) for a period of not less than 2 years from the date on which it is imposed; or

"(2) until such time as the President determines and certifies to the Congress that the person whose activities were the basis for imposing the sanction is no longer engaging in such activities and that the President has received reliable assurances that such person will not knowingly engage in such activities in the future, except that such sanction shall remain in effect for a period of at least 1 year.

"(c) Presidential Waiver.—

"(1) Authority.—

"(A) Sanctions relating to the energy sector of iran.—The President may waive, on a case-by-case basis and for a period of not more than one year, the requirement in section 5(a) to impose a sanction or sanctions on a person described in section 5(c), and may waive the continued imposition of a sanction or sanctions under subsection (b) of this section, 30 days or more after the President determines and so reports to the appropriate congressional committees that it is essential to the national security interests of the United States to exercise such waiver authority.

"(B) Sanctions relating to development of weapons of mass destruction or other military capabilities.—The President may waive, on a case-by-case basis and for a period of not more than one year, the requirement in paragraph (1) or (2) of section 5(b) to impose a sanction or sanctions on a person described in section 5(c), and may waive the continued imposition of a sanction or sanctions under subsection (b) of this section, 30 days or more after the President determines and so reports to the appropriate congressional committees that it is vital to the national security interests of the United States to exercise such waiver authority.

"(C) Renewal of waivers.—The President may renew, on a case-by-case basis, a waiver with respect to a person under subparagraph (A) or (B) for additional one-year periods if, not later than 30 days before the waiver expires, the President makes the determination and submits to the appropriate congressional committees the report described in subparagraph (A) or (B), as applicable.

"(2) Contents of report.—Any report under paragraph (1) shall provide a specific and detailed rationale for the determination under paragraph (1), including—

"(A) a description of the conduct that resulted in the determination under subsection (a) or paragraph (1) or (2) of subsection (b) of section 5, as the case may be;

"(B) in the case of a foreign person, an explanation of the efforts to secure the cooperation of the government with primary jurisdiction over the sanctioned person to terminate or, as appropriate, penalize the activities that resulted in the determination under subsection (a) or paragraph (1) or (2) of subsection (b) of section 5, as the case may be;

"(C) an estimate of the significance of the conduct of the person in contributing to the ability of Iran to, as the case may be—

"(i) develop petroleum resources, produce refined petroleum products, or import refined petroleum products; or

"(ii) acquire or develop—

     "(I) chemical, biological, or nuclear weapons or related technologies; or

     "(II) destabilizing numbers and types of advanced conventional weapons; and

"(D) a statement as to the response of the United States in the event that the person concerned engages in other activities that would be subject to subsection (a) or paragraph (1) or (2) of subsection (b) of section 5.

"(3) Effect of report on waiver.—If the President makes a report under paragraph (1) with respect to a waiver of sanctions on a person described in section 5(c), sanctions need not be imposed under subsection (a) or paragraph (1) or (2) of subsection (b) of section 5 on that person during the 30-day period referred to in paragraph (1).

"SEC. 10. REPORTS REQUIRED.

"(a) Report on Certain International Initiatives.—Not later than 6 months after the date of the enactment of this Act [Aug. 5, 1996], and every 6 months thereafter, the President shall transmit a report to the appropriate congressional committees describing—

"(1) the efforts of the President to mount a multilateral campaign to persuade all countries to pressure Iran to cease its nuclear, chemical, biological, and missile weapons programs and its support of acts of international terrorism;

"(2) the efforts of the President to persuade other governments to ask Iran to reduce the presence of Iranian diplomats and representatives of other government and military or quasi-governmental institutions of Iran and to withdraw any such diplomats or representatives who participated in the takeover of the United States embassy in Tehran on November 4, 1979, or the subsequent holding of United States hostages for 444 days;

"(3) the extent to which the International Atomic Energy Agency has established regular inspections of all nuclear facilities in Iran, including those presently under construction; and

"(4) Iran's use of Iranian diplomats and representatives of other government and military or quasi-governmental institutions of Iran to promote acts of international terrorism or to develop or sustain Iran's nuclear, chemical, biological, and missile weapons programs.

"(b) Report on Effectiveness of Actions Under This Act.—Not earlier than 24 months, and not later than 30 months, after the date of the enactment of the ILSA Extension Act of 2001 [Aug. 3, 2001], the President shall transmit to Congress a report that describes—

"(1) the extent to which actions relating to trade taken pursuant to this Act—

"(A) have been effective in achieving the objectives of section 3 and any other foreign policy or national security objectives of the United States with respect to Iran; and

"(B) have affected humanitarian interests in Iran, the country in which the sanctioned person is located, or in other countries; and

"(2) the impact of actions relating to trade taken pursuant to this Act on other national security, economic, and foreign policy interests of the United States, including relations with countries friendly to the United States, and on the United States economy.

The President may include in the report the President's recommendation on whether or not this Act should be terminated or modified.

"(c) Other Reports.—The President shall ensure the continued transmittal to the Congress of reports describing—

"(1) the nuclear and other military capabilities of Iran, as required by section 601(a) of the Nuclear Non-Proliferation Act of 1978 [22 U.S.C. 3281(a)] and section 1607 of the National Defense Authorization Act for Fiscal Year 1993 [Pub. L. 102–484, set out below]; and

"(2) the support provided by Iran for acts of international terrorism, as part of the Department of State's annual report on international terrorism.

"(d) Reports on Global Trade Relating to Iran.—Not later than 90 days after the date of the enactment of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 [July 1, 2010], and annually thereafter, the President shall submit to the appropriate congressional committees a report, with respect to the most recent 12-month period for which data are available, on the dollar value amount of trade, including in the energy sector, between Iran and each country maintaining membership in the Group of 20 Finance Ministers and Central Bank Governors.

"SEC. 11. DETERMINATIONS NOT REVIEWABLE.

"A determination to impose sanctions under this Act shall not be reviewable in any court.

"SEC. 12. EXCLUSION OF CERTAIN ACTIVITIES.

"Nothing in this Act shall apply to any activities subject to the reporting requirements of title V of the National Security Act of 1947 [50 U.S.C. 3091 et seq.].

"SEC. 13. EFFECTIVE DATE; SUNSET.

"(a) Effective Date.—This Act shall take effect on the date of the enactment of this Act [Aug. 5, 1996].

"(b) Sunset.—This Act shall cease to be effective on December 31, 2026.

"SEC. 14. DEFINITIONS.

"As used in this Act:

"(1) Act of international terrorism.—The term 'act of international terrorism' means an act—

"(A) which is violent or dangerous to human life and that is a violation of the criminal laws of the United States or of any State or that would be a criminal violation if committed within the jurisdiction of the United States or any State; and

"(B) which appears to be intended—

"(i) to intimidate or coerce a civilian population;

"(ii) to influence the policy of a government by intimidation or coercion; or

"(iii) to affect the conduct of a government by assassination or kidnapping.

"(2) Appropriate congressional committees.—The term 'appropriate congressional committees' means the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Foreign Relations of the Senate and the Committee on Ways and Means, the Committee on Financial Services, and the Committee on Foreign Affairs of the House of Representatives.

"(3) Component part.—The term 'component part' has the meaning given that term in section 11A(e)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2410a(e)(1)) [now 50 U.S.C. 4611(e)(1)].

"(4) Credible information.—The term 'credible information', with respect to a person—

"(A) includes—

"(i) a public announcement by the person that the person has engaged in an activity described in subsection (a) or (b) of section 5; and

"(ii) information set forth in a report to stockholders of the person indicating that the person has engaged in such an activity; and

"(B) may include, in the discretion of the President—

"(i) an announcement by the Government of Iran that the person has engaged in such an activity; or

"(ii) information indicating that the person has engaged in such an activity that is set forth in—

     "(I) a report of the Government Accountability Office, the Energy Information Administration, or the Congressional Research Service; or

     "(II) a report or publication of a similarly reputable governmental organization or trade or industry organization.

"(5) Develop and development.—To 'develop', or the 'development' of, petroleum resources means the exploration for, or the extraction, refining, or transportation by pipeline of, petroleum resources.

"(6) Financial institution.—The term 'financial institution' includes—

"(A) a depository institution (as defined in section 3(c)(1) of the Federal Deposit Insurance Act [12 U.S.C. 1813(c)(1)]), including a branch or agency of a foreign bank (as defined in section 1(b)(7) of the International Banking Act of 1978 [12 U.S.C. 3101(b)(7)]);

"(B) a credit union;

"(C) a securities firm, including a broker or dealer;

"(D) an insurance company, including an agency or underwriter; and

"(E) any other company that provides financial services.

"(7) Finished product.—The term 'finished product' has the meaning given that term in section 11A(e)(2) of the Export Administration Act of 1979 (50 U.S.C. App. 2410a(e)(2)) [now 50 U.S.C. 4611(e)(2)].

"(8) Foreign person.—The term 'foreign person' means—

"(A) an individual who is not a United States person or an alien lawfully admitted for permanent residence into the United States; or

"(B) a corporation, partnership, or other nongovernmental entity which is not a United States person.

"(9) Goods and technology.—The terms 'goods' and 'technology' have the meanings given those terms in [former] section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) [former 50 U.S.C. 4618].

"(10) Investment.—The term 'investment' means any of the following activities if such activity is undertaken pursuant to an agreement, or pursuant to the exercise of rights under such an agreement, that is entered into with the Government of Iran or a nongovernmental entity in Iran on or after the date of the enactment of this Act [Aug. 5, 1996]:

"(A) The entry into a contract that includes responsibility for the development of petroleum resources located in Iran, or the entry into a contract providing for the general supervision and guarantee of another person's performance of such a contract.

"(B) The purchase of a share of ownership, including an equity interest, in that development.

"(C) The entry into a contract providing for the participation in royalties, earnings, or profits in that development, without regard to the form of the participation.

For purposes of this paragraph, an amendment or other modification that is made, on or after June 13, 2001, to an agreement or contract shall be treated as the entry of an agreement or contract.

"(11) Iran.—The term 'Iran' includes any agency or instrumentality of Iran.

"(12) Iranian diplomats and representatives of other government and military or quasi-governmental institutions of iran.—The term 'Iranian diplomats and representatives of other government and military or quasi-governmental institutions of Iran' includes employees, representatives, or affiliates of Iran's—

"(A) Foreign Ministry;

"(B) Ministry of Intelligence and Security;

"(C) Revolutionary Guard Corps;

"(D) Crusade for Reconstruction;

"(E) Qods (Jerusalem) Forces;

"(F) Interior Ministry;

"(G) Foundation for the Oppressed and Disabled;

"(H) Prophet's Foundation;

"(I) June 5th Foundation;

"(J) Martyr's Foundation;

"(K) Islamic Propagation Organization; and

"(L) Ministry of Islamic Guidance.

"(13) Knowingly.—The term 'knowingly', with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.

"(14) Nuclear explosive device.—The term 'nuclear explosive device' means any device, whether assembled or disassembled, that is designed to produce an instantaneous release of an amount of nuclear energy from special nuclear material (as defined in section 11(aa) of the Atomic Energy Act of 1954 [42 U.S.C. 2014(aa)]) that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT).

"(15) Person.—

"(A) In general.—The term 'person' means—

"(i) a natural person;

"(ii) a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and

"(iii) any successor to any entity described in clause (ii).

"(B) Application to governmental entities.—The term 'person' does not include a government or governmental entity that is not operating as a business enterprise.

"(16) Petrochemical product.—The term 'petrochemical product' includes any aromatic, olefin, or synthesis gas, and any derivative of such a gas, including ethylene, propylene, butadiene, benzene, toluene, xylene, ammonia, methanol, and urea.

"(17) Petroleum resources.—The term 'petroleum resources' includes petroleum, refined petroleum products, oil or liquefied natural gas, natural gas resources, oil or liquefied natural gas tankers, and products used to construct or maintain pipelines used to transport oil or liquefied natural gas.

"(18) Refined petroleum products.—The term 'refined petroleum products' means diesel, gasoline, jet fuel (including naphtha-type and kerosene-type jet fuel), and aviation gasoline.

"(19) Services.—The term 'services' includes software, hardware, financial, professional consulting, engineering, and specialized energy information services, energy-related technical assistance, and maintenance and repairs.

"(20) United states or state.—The term 'United States' or 'State' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States.

"(21) United states person.—The term 'United States person' means—

"(A) a natural person who is a citizen of the United States or who owes permanent allegiance to the United States; and

"(B) a corporation or other legal entity which is organized under the laws of the United States, any State or territory thereof, or the District of Columbia, if natural persons described in subparagraph (A) own, directly or indirectly, more than 50 percent of the outstanding capital stock or other beneficial interest in such legal entity."

[Pub. L. 112–158, title II, §202(b), Aug. 10, 2012, 126 Stat. 1223, provided that: "Not later than 90 days after the date of the enactment of this Act [Aug. 10, 2012], the President shall prescribe such regulations or guidelines as are necessary to implement paragraphs (7), (8), and (9) of section 5(a) of the Iran Sanctions Act of 1996 [Pub. L. 104–172, set out above], as added by this section, including such regulations or guidelines as are necessary to implement subparagraph (B) of such paragraph (8)."]

[Pub. L. 112–158, title II, §204(b), Aug. 10, 2012, 126 Stat. 1226, provided that: "The amendments made by subsection (a) [amending section 6(a) of Pub. L. 104–172, set out above] shall take effect on the date of the enactment of this Act [Aug. 10, 2012] and apply with respect to activities described in subsections (a) and (b) of section 5 of the Iran Sanctions Act of 1996 [Pub. L. 104–172, set out above], as amended by this title, commenced on or after such date of enactment."]

[Pub. L. 112–158, title II, §207(b), Aug. 10, 2012, 126 Stat. 1227, provided that: "The amendments made by subsection (a) [amending section 14 of Pub. L. 104–172, set out above] shall take effect on the date of the enactment of this Act [Aug. 10, 2012] and apply with respect to activities described in subsections (a) and (b) of section 5 of the Iran Sanctions Act of 1996 [Pub. L. 104–172, set out above], as amended by this title, commenced on or after such date of enactment."]

[Pub. L. 111–195, title I, §102(h), July 1, 2010, 124 Stat. 1325, provided that:

["(1) In general.—The amendments made by this section [amending Pub. L. 104–172, set out above] shall—

["(A) take effect on the date of the enactment of this Act [July 1, 2010]; and

["(B) except as provided in this subsection or section 6(b)(7) of the Iran Sanctions Act of 1996 [Pub. L. 104–172, set out above], as amended by subsection (b) of this section, apply with respect to an investment or activity described in subsection (a) or (b) of section 5 of the Iran Sanctions Act of 1996, as amended by this section, that is commenced on or after such date of enactment.

["(2) Applicability to ongoing investments prohibited under prior law.—A person that makes an investment described in section 5(a) of the Iran Sanctions Act of 1996, as in effect on the day before the date of the enactment of this Act, that is commenced before such date of enactment and continues on or after such date of enactment, shall, except as provided in paragraph (4), be subject to the provisions of the Iran Sanctions Act of 1996, as in effect on the day before such date of enactment.

["(3) Applicability to ongoing activities relating to chemical, biological, or nuclear weapons or related technologies.—A person that, before the date of the enactment of this Act, commenced an activity described in section 5(b) of the Iran Sanctions Act of 1996, as in effect on the day before such date of enactment, and continues the activity on or after such date of enactment, shall be subject to the provisions of the Iran Sanctions Act of 1996, as amended by this Act.

["(4) Applicability of mandatory investigations to investments.—The amendments made by subsection (g)(5) of this section [amending section 4 of Pub. L. 104–172, set out above] shall apply on and after the date of the enactment of this Act—

["(A) with respect to an investment described in section 5(a)(1) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section, that is commenced on or after such date of enactment; and

["(B) with respect to an investment described in section 5(a) of the Iran Sanctions Act of 1996, as in effect on the day before the date of the enactment of this Act, that is commenced before such date of enactment and continues on or after such date of enactment.

["(5) Applicability of mandatory investigations to activities relating to petroleum.—

["(A) In general.—Except as provided in subparagraph (B), the amendments made by subsection (g)(5) of this section shall apply on and after the date that is 1 year after the date of the enactment of this Act with respect to an activity described in paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section, that is commenced on or after the date that is 1 year after the date of the enactment of this Act or the date on which the President fails to submit a certification that is required under subparagraph (B) (whichever is applicable).

["(B) Special rule for delay of effective date.—

["(i) Reporting requirement.—Not later than 30 days before the date that is 1 year after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report describing—

["(I) the diplomatic and other efforts of the President—

     ["(aa) to dissuade foreign persons from engaging in activities described in paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section; and

     ["(bb) to encourage other governments to dissuade persons over which those governments have jurisdiction from engaging in such activities;

["(II) the successes and failures of the efforts described in subclause (I); and

["(III) each investigation under section 4(e) of the Iran Sanctions Act of 1996, as amended by subsection (g)(5) of this section and as in effect pursuant to subparagraph (C) of this paragraph, or any other review of an activity described in paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section, that is initiated or ongoing during the period beginning on the date of the enactment of this Act and ending on the date on which the President is required to submit the report.

["(ii) Certification.—If the President submits to the appropriate congressional committees, with the report required by clause (i), a certification that there was a substantial reduction in activities described in paragraphs (2) and (3) of section 5(a) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section, during the period described in clause (i)(III), the effective date provided for in subparagraph (A) shall be delayed for a 180-day period beginning after the date provided for in that subparagraph.

["(iii) Subsequent reports and delays.—The effective date provided for in subparagraph (A) shall be delayed for additional 180-day periods occurring after the end of the 180-day period provided for under clause (ii), if, not later than 30 days before the 180-day period preceding such additional 180-day period expires, the President submits to the appropriate congressional committees—

["(I) a report containing the matters required in the report under clause (i) for the period beginning on the date on which the preceding report was required to be submitted under clause (i) or this clause (as the case may be) and ending on the date on which the President is required to submit the most recent report under this clause; and

["(II) a certification that, during the period described in subclause (I), there was (as compared to the period for which the preceding report was submitted under this subparagraph) a progressive reduction in activities described in paragraphs (2) and (3) of section 5(a) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section.

["(iv) Consequence of failure to certify.—If the President does not make a certification at a time required by this subparagraph—

["(I) the amendments made by subsection (g)(5) of this section shall apply on and after the date on which the certification was required to be submitted by this subparagraph, with respect to an activity described in paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section, that—

     ["(aa) is referenced in the most recent report required to be submitted under this subparagraph; or

     ["(bb) is commenced on or after the date on which such most recent report is required to be submitted; and

["(II) not later than 45 days after the date on which the certification was required to be submitted by this subparagraph, the President shall make a determination under paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996 (as the case may be), as amended by subsection (a) of this section, with respect to relevant activities described in subclause (I)(aa).

["(C) Applicability of permissive investigations.—During the 1-year period beginning on the date of the enactment of this Act and during any 180-day period during which the effective date provided for in subparagraph (A) is delayed pursuant to subparagraph (B), section 4(e) of the Iran Sanctions Act of 1996, as amended by subsection (g)(5) of this section, shall be applied, with respect to an activity described in paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section, by substituting 'should' for 'shall' each place it appears.

["(6) Waiver authority.—The amendments made by subsection (c) [amending section 9 of Pub. L. 104–172, set out above] shall not be construed to affect any exercise of the authority under section 9(c) of the Iran Sanctions Act of 1996, as in effect on the day before the date of the enactment of this Act."]

[For definition of "appropriate congressional committees" as used in section 102(h) of Pub. L. 111–195, set out above, see section 8511 of Title 22, Foreign Relations and Intercourse.]

[Functions of President under section 102(h)(5) of Pub. L. 111–195, set out above, delegated to Secretary of State by Memorandum of President of the United States, Sept. 23, 2010, 75 F.R. 67025, set out as a note under section 8501 of Title 22, Foreign Relations and Intercourse.]

[Pub. L. 109–293, title II, §202(c), Sept. 30, 2006, 120 Stat. 1346, provided that: "The amendments made by this section [amending section 5 of Pub. L. 104–172, set out above] shall apply with respect to actions taken on or after June 6, 2006."]

[Pub. L. 109–293, title II, §205(g)(2), Sept. 30, 2006, 120 Stat. 1347, provided that: "Any reference in any other provision of law, regulation, document, or other record of the United States to the 'Iran and Libya Sanctions Act of 1996' shall be deemed to be a reference to the 'Iran Sanctions Act of 1996' [Pub. L. 104–172, set out above]."]

[Pub. L. 107–24, §2(b), Aug. 3, 2001, 115 Stat. 199, provided that: "The amendments made by subsection (a) [amending section 5 of Pub. L. 104–172, set out above] shall apply to investments made on or after June 13, 2001."]

[For delegation of certain functions of President under sections 4, 5, 6, 9, and 10 of Pub. L. 104–172, set out above, see Memorandum of President of the United States, Sept. 23, 2010, 75 F.R. 67025, set out as a note under section 8501 of Title 22, Foreign Relations and Intercourse.]

[Memorandum of President of the United States, Nov. 21, 1996, 61 F.R. 64249, delegated to the Secretary of State, in consultation with the Departments of the Treasury and Commerce and the United States Trade Representative, and with the Export-Import Bank and Federal Reserve Board and other interested agencies as appropriate functions vested in the President by section 4(c), former section 5(a), section 5(b), (c), (f), former section 6(1), (2) (now section 6(a)(1), (2)), and section 9(c) of Pub. L. 104–172, set out above, delegated to the Secretary of State functions vested in the President by section 4(a), (b), former section 4(d), (e) (now (d)), and sections 5(d), (e), 9(a), (b), and 10 of Pub. L. 104–172, provided that any reference to provisions of any Act related to the subject of the memorandum be deemed to include references to any subsequent provision of law that is the same or substantially the same as such provisions, and provided that only the functions vested in the President by section 4(a), (b), former section 4(d), (e) (now (d)), and sections 5(d), (e) and 10 of Pub. L. 104–172 and delegated by the memorandum could be redelegated.]

Determination and Certification under Section 8(b) of the Iran and Libya Sanctions Act

Determination of President of the United States, No. 2004–30, Apr. 23, 2004, 69 F.R. 24907, provided:

Memorandum for the Secretary of State

Pursuant to section 8(b) of the Iran and Libya Sanctions Act of 1996 [now Iran Sanctions Act of 1996] (Public Law 104–172; 50 U.S.C. 1701 note), as amended (Public Law 107–24), I hereby determine and certify that Libya has fulfilled the requirements of United Nations Security Council Resolution 731, adopted January 21, 1992, United Nations Security Council Resolution 748, adopted March 31, 1992, and United Nations Security Council Resolution 883, adopted November 11, 1993.

You are authorized and directed to transmit this determination and certification to the appropriate congressional committees and to arrange for its publication in the Federal Register.

George W. Bush.      

Sanctions Against Serbia and Montenegro

Pub. L. 106–113, div. B, §1000(a)(2) [title V, §599], Nov. 29, 1999, 113 Stat. 1535, 1501A-127, provided that:

"(a) Continuation of Executive Branch Sanctions.—The sanctions listed in subsection (b) shall remain in effect for fiscal year 2000, unless the President submits to the Committees on Appropriations and Foreign Relations in the Senate and the Committees on Appropriations and International Relations [now Foreign Affairs] of the House of Representatives a certification described in subsection (c).

"(b) Applicable Sanctions.—

"(1) The Secretary of the Treasury shall instruct the United States executive directors of the international financial institutions to work in opposition to, and vote against, any extension by such institutions of any financial or technical assistance or grants of any kind to the government of Serbia.

"(2) The Secretary of State should instruct the United States Ambassador to the Organization for Security and Cooperation in Europe (OSCE) to block any consensus to allow the participation of Serbia in the OSCE or any organization affiliated with the OSCE.

"(3) The Secretary of State should instruct the United States Representative to the United Nations to vote against any resolution in the United Nations Security Council to admit Serbia to the United Nations or any organization affiliated with the United Nations, to veto any resolution to allow Serbia to assume the United Nations' membership of the former Socialist Federal Republic of Yugoslavia, and to take action to prevent Serbia from assuming the seat formerly occupied by the Socialist Federal Republic of Yugoslavia.

"(4) The Secretary of State should instruct the United States Permanent Representative on the Council of the North Atlantic Treaty Organization to oppose the extension of the Partnership for Peace program or any other organization affiliated with NATO to Serbia.

"(5) The Secretary of State should instruct the United States Representatives to the Southeast European Cooperative Initiative (SECI) to oppose and to work to prevent the extension of SECI membership to Serbia.

"(c) Certification.—A certification described in this subsection is a certification that—

"(1) the representatives of the successor states to the Socialist Federal Republic of Yugoslavia have successfully negotiated the division of assets and liabilities and all other succession issues following the dissolution of the Socialist Federal Republic of Yugoslavia;

"(2) the Government of Serbia is fully complying with its obligations as a signatory to the General Framework Agreement for Peace in Bosnia and Herzegovina;

"(3) the Government of Serbia is fully cooperating with and providing unrestricted access to the International Criminal Tribunal for the former Yugoslavia, including surrendering persons indicted for war crimes who are within the jurisdiction of the territory of Serbia, and with the investigations concerning the commission of war crimes and crimes against humanity in Kosova;

"(4) the Government of Serbia is implementing internal democratic reforms; and

"(5) Serbian federal governmental officials, and representatives of the ethnic Albanian community in Kosova have agreed on, signed, and begun implementation of a negotiated settlement on the future status of Kosova.

"(d) Statement of Policy.—It is the sense of the Congress that the United States should not restore full diplomatic relations with Serbia until the President submits to the Committees on Appropriations and Foreign Relations in the Senate and the Committees on Appropriations and International Relations [now Foreign Affairs] in the House of Representatives the certification described in subsection (c).

"(e) Exemption of Montenegro and Kosova.—The sanctions described in subsection (b) shall not apply to Montenegro or Kosova.

"(f) Definition.—The term 'international financial institution' includes the International Monetary Fund, the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Multilateral Investment Guaranty Agency, and the European Bank for Reconstruction and Development.

"(g) Waiver Authority.—The President may waive the application in whole or in part, of any sanction described in subsection (b) if the President certifies to the Congress that the President has determined that the waiver is necessary to meet emergency humanitarian needs."

Pub. L. 105–277, div. A, §101(d) [title V, §539], Oct. 21, 1998, 112 Stat. 2681–150, 2681-182, provided that:

"(a) Restrictions.—None of the funds in this or any other Act may be made available to modify or remove any sanction, prohibition or requirement with respect to Serbia-Montenegro unless the President first submits to the Congress a certification described in subsection (c).

"(b) International Financial Institutions.—The Secretary of the Treasury shall instruct the United States executive directors of the international financial institutions to work in opposition to, and vote against, any extension by such institutions of any financial or technical assistance or grants of any kind to the government of Serbia-Montenegro, unless the President first submits to the Congress a certification described in subsection (c).

"(c) Certification.—A certification described in this subsection is a certification that—

"(1) there is substantial improvement in the human rights situation in Kosova;

"(2) international human rights observers are allowed to return to Kosova;

"(3) Serbian, Serbian-Montenegrin federal government officials, and representatives of the ethnic Albanian community in Kosova have agreed on and begun implementation of a negotiated settlement on the future status of Kosova; and

"(4) the government of Serbia-Montenegro is fully complying with its obligations as a signatory to the General Framework Agreement for Peace in Bosnia-Herzegovina including fully cooperating with the International Criminal Tribunal for the Former Yugoslavia.

"(d) Waiver Authority.—The President may waive the application, in whole or in part, of subsections (a) and (b) if he certifies in writing to the Congress that the waiver is necessary to meet emergency humanitarian needs or to advance negotiations toward a peaceful settlement of the conflict in Kosova that is acceptable to the parties.

"(e) Exemption for Montenegro.—This section shall not apply to Montenegro."

[For delegation of functions of President under section 101(d) [title V, §539] of div. A of Pub. L. 105–277, set out above, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of Title 22, Foreign Relations and Intercourse.]

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 104–208, div. A, title I, §101(c) [title V, §540], Sept. 30, 1996, 110 Stat. 3009–121, 3009-155.

Pub. L. 104–107, title V, §540A(a)–(c), Feb. 12, 1996, 110 Stat. 737.

Pub. L. 103–160, div. A, title XV, §1511, Nov. 30, 1993, 107 Stat. 1839, provided that:

"(a) Codification of Executive Branch Sanctions.—The sanctions imposed on Serbia and Montenegro, as in effect on the date of the enactment of this Act [Nov. 30, 1993], that were imposed by or pursuant to the following directives of the executive branch shall (except as provided under subsections (d) and (e)) remain in effect until changed by law:

"(1) Executive Order 12808 of May 30, 1992 [listed in a table below], as continued in effect on May 25, 1993.

"(2) Executive Order 12810 of June 5, 1992 [listed in a table below].

"(3) Executive Order 12831 of January 15, 1993 [listed in a table below].

"(4) Executive Order 12846 of April 25, 1993 [listed in a table below].

"(5) Department of State Public Notice 1427, effective July 11, 1991.

"(6) Proclamation 6389 of December 5, 1991 (56 Fed. Register 64467).

"(7) Department of Transportation Order 92–5–38 of May 20, 1992.

"(8) Federal Aviation Administration action of June 19, 1992 (14 C.F.R. Part 91).

"(b) Prohibition on Assistance.—No funds appropriated or otherwise made available by law may be obligated or expended on behalf of the government of Serbia or the government of Montenegro.

"(c) International Financial Institutions.—The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose any assistance from that institution to the government of Serbia or the government of Montenegro, except for basic human needs.

"(d) Exception.—Notwithstanding any other provision of law, the President is authorized and encouraged to exempt from sanctions imposed against Serbia and Montenegro that are described in subsection (a) those United States-supported programs, projects, or activities that involve reform of the electoral process, the development of democratic institutions or democratic political parties, or humanitarian assistance (including refugee care and human rights observation).

"(e) Waiver Authority.—(1) The President may waive or modify the application, in whole or in part, of any sanction described in subsection (a), the prohibition in subsection (b), or the requirement in subsection (c).

"(2) Such a waiver or modification may only be effective upon certification by the President to Congress that the President has determined that the waiver or modification is necessary (A) to meet emergency humanitarian needs, or (B) to achieve a negotiated settlement of the conflict in Bosnia-Herzegovina that is acceptable to the parties."

Presidential Certifications To Suspend Sanctions Imposed on the Government of Serbia and the Government of Montenegro

Provisions suspending sanctions imposed on the governments of Serbia and Montenegro pursuant to section 1511 of Pub. L. 103–160, set out above, were contained in the following:

Determination of President of the United States, No. 01–7, Dec. 19, 2000, 66 F.R. 1013.

Determination of President of the United States, No. 99–14, Feb. 16, 1999, 64 F.R. 9263.

Determination of President of the United States, No. 97–26, May 30, 1997, 62 F.R. 32015.

Determination of President of the United States, No. 96–7, Dec. 27, 1995, 61 F.R. 2887.

Iran-Iraq Arms Non-Proliferation

Pub. L. 102–484, div. A, title XVI, Oct. 23, 1992, 106 Stat. 2571, as amended by Pub. L. 104–106, div. A, title XIV, §1408(a)–(c), Feb. 10, 1996, 110 Stat. 494; Pub. L. 107–228, div. B, title XIII, §1308(g)(1)(C), Sept. 30, 2002, 116 Stat. 1441, provided that:

"SEC. 1601. SHORT TITLE.

"This title may be cited as the 'Iran-Iraq Arms Non-Proliferation Act of 1992'.

"SEC. 1602. UNITED STATES POLICY.

"(a) In General.—It shall be the policy of the United States to oppose, and urgently to seek the agreement of other nations also to oppose, any transfer to Iran or Iraq of any goods or technology, including dual-use goods or technology, wherever that transfer could materially contribute to either country's acquiring chemical, biological, nuclear, or destabilizing numbers and types of advanced conventional weapons.

"(b) Sanctions.—(1) In the furtherance of this policy, the President shall apply sanctions and controls with respect to Iran, Iraq, and those nations and persons who assist them in acquiring weapons of mass destruction in accordance with the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], the Nuclear Non-Proliferation Act of 1978 [22 U.S.C. 3201 et seq.], the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 [22 U.S.C. 5601 et seq.], chapter 7 of the Arms Export Control Act [22 U.S.C. 2797 et seq.], and other relevant statutes, regarding the non-proliferation of weapons of mass destruction and the means of their delivery.

"(2) The President should also urgently seek the agreement of other nations to adopt and institute, at the earliest practicable date, sanctions and controls comparable to those the United States is obligated to apply under this subsection.

"(c) Public Identification.—The Congress calls on the President to identify publicly (in the report required by section 1607) any country or person that transfers goods or technology to Iran or Iraq contrary to the policy set forth in subsection (a).

"SEC. 1603. APPLICATION TO IRAN OF CERTAIN IRAQ SANCTIONS.

"The sanctions against Iraq specified in paragraphs (1) through (4) of section 586G(a) of the Iraq Sanctions Act of 1990 (as contained in Public Law 101–513) [set out below], including denial of export licenses for United States persons and prohibitions on United States Government sales, shall be applied to the same extent and in the same manner with respect to Iran.

"SEC. 1604. SANCTIONS AGAINST CERTAIN PERSONS.

"(a) Prohibition.—If any person transfers or retransfers goods or technology so as to contribute knowingly and materially to the efforts by Iran or Iraq (or any agency or instrumentality of either such country) to acquire chemical, biological, or nuclear weapons or to acquire destabilizing numbers and types of advanced conventional weapons, then the sanctions described in subsection (b) shall be imposed.

"(b) Mandatory Sanctions.—The sanctions to be imposed pursuant to subsection (a) are as follows:

"(1) Procurement sanction.—For a period of two years, the United States Government shall not procure, or enter into any contract for the procurement of, any goods or services from the sanctioned person.

"(2) Export sanction.—For a period of two years, the United States Government shall not issue any license for any export by or to the sanctioned person.

"SEC. 1605. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.

"(a) Prohibition.—If the President determines that the government of any foreign country transfers or retransfers goods or technology so as to contribute knowingly and materially to the efforts by Iran or Iraq (or any agency or instrumentality of either such country) to acquire chemical, biological, or nuclear weapons or to acquire destabilizing numbers and types of advanced conventional weapons, then—

"(1) the sanctions described in subsection (b) shall be imposed on such country; and

"(2) in addition, the President may apply, in the discretion of the President, the sanction described in subsection (c).

"(b) Mandatory Sanctions.—Except as provided in paragraph (2), the sanctions to be imposed pursuant to subsection (a)(1) are as follows:

"(1) Suspension of united states assistance.—The United States Government shall suspend, for a period of one year, United States assistance to the sanctioned country.

"(2) Multilateral development bank assistance.—The Secretary of the Treasury shall instruct the United States Executive Director to each appropriate international financial institution to oppose, and vote against, for a period of one year, the extension by such institution of any loan or financial or technical assistance to the sanctioned country.

"(3) Suspension of codevelopment or coproduction agreements.—The United States shall suspend, for a period of one year, compliance with its obligations under any memorandum of understanding with the sanctioned country for the codevelopment or coproduction of any item on the United States Munitions List (established under section 38 of the Arms Export Control Act [22 U.S.C. 2778]), including any obligation for implementation of the memorandum of understanding through the sale to the sanctioned country of technical data or assistance or the licensing for export to the sanctioned country of any component part.

"(4) Suspension of military and dual-use technical exchange agreements.—The United States shall suspend, for a period of one year, compliance with its obligations under any technical exchange agreement involving military and dual-use technology between the United States and the sanctioned country that does not directly contribute to the security of the United States, and no military or dual-use technology may be exported from the United States to the sanctioned country pursuant to that agreement during that period.

"(5) United states munitions list.—No item on the United States Munitions List (established pursuant to section 38 of the Arms Export Control Act) may be exported to the sanctioned country for a period of one year.

"(c) Discretionary Sanction.—The sanction referred to in subsection (a)(2) is as follows:

"(1) Use of authorities of international emergency economic powers act.—Except as provided in paragraph (2), the President may exercise, in accordance with the provisions of that Act [50 U.S.C. 1701 et seq.], the authorities of the International Emergency Economic Powers Act with respect to the sanctioned country.

"(2) Exception.—Paragraph (1) does not apply with respect to urgent humanitarian assistance.

"SEC. 1606. WAIVER.

"The President may waive the requirement to impose a sanction described in section 1603, in the case of Iran, or a sanction described in section 1604(b) or 1605(b), in the case of Iraq and Iran, 15 days after the President determines and so reports to the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs of the House of Representatives that it is essential to the national interest of the United States to exercise such waiver authority. Any such report shall provide a specific and detailed rationale for such determination.

"SEC. 1607. REPORTING REQUIREMENT.

"[(a) Repealed. Pub. L. 107–228, div. B, title XIII, §1308(g)(1)(C), Sept. 30, 2002, 116 Stat. 1441.]

"(b) Report on Individual Transfers.—Whenever the President determines that a person or foreign government has made a transfer which is subject to any sanction under this title, the President shall, within 30 days after such transfer, submit to the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs of the House of Representatives a report—

"(1) identifying the person or government and providing the details of the transfer; and

"(2) describing the actions the President intends to undertake or has undertaken under the provisions of this title with respect to each such transfer.

"(c) Form of Transmittal.—Reports required by this section may be submitted in classified as well as in unclassified form.

"SEC. 1608. DEFINITIONS.

"For purposes of this title:

"(1) The term 'advanced conventional weapons' includes—

"(A) such long-range precision-guided munitions, fuel air explosives, cruise missiles, low observability aircraft, other radar evading aircraft, advanced military aircraft, military satellites, electromagnetic weapons, and laser weapons as the President determines destabilize the military balance or enhance offensive capabilities in destabilizing ways;

"(B) such advanced command, control, and communications systems, electronic warfare systems, or intelligence collection systems as the President determines destabilize the military balance or enhance offensive capabilities in destabilizing ways; and

"(C) such other items or systems as the President may, by regulation, determine necessary for purposes of this title.

"(2) The term 'cruise missile' means guided missiles that use aerodynamic lift to offset gravity and propulsion to counteract drag.

"(3) The term 'goods or technology' means—

"(A) any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment; and

"(B) any information and know-how (whether in tangible form, such as models, prototypes, drawings, sketches, diagrams, blueprints, or manuals, or in intangible form, such as training or technical services) that can be used to design, produce, manufacture, utilize, or reconstruct goods, including computer software and technical data.

"(4) The term 'person' means any United States or foreign individual, partnership, corporation, or other form of association, or any of their successor entities, parents, or subsidiaries.

"(5) The term 'sanctioned country' means a country against which sanctions are required to be imposed pursuant to section 1605.

"(6) The term 'sanctioned person' means a person that makes a transfer described in section 1604(a).

"(7) The term 'United States assistance' means—

"(A) any assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), other than urgent humanitarian assistance or medicine;

"(B) sales and assistance under the Arms Export Control Act [22 U.S.C. 2751 et seq.];

"(C) financing by the Commodity Credit Corporation for export sales of agricultural commodities; and

"(D) financing under the Export-Import Bank Act [of 1945] [22 U.S.C. 635 et seq.]."

[Memorandum of President of the United States, Sept. 27, 1994, 59 F.R. 50685, delegated to Secretary of State, in consultation with heads of other departments and agencies, all functions vested in President under title XVI of Pub. L. 102–484, set out above, without limitation of authority of other officials to exercise powers heretofore or hereafter delegated to them to implement sanctions imposed or actions directed by the Secretary pursuant to this delegation of authority.]

Payment of Claims by United States Nationals Against Iraq

Pub. L. 101–519, §131, Nov. 5, 1990, 104 Stat. 2249, which authorized President to vest title in a portion of property in which transactions were blocked pursuant to Executive Order 12722, listed in a table below, in order to satisfy obligations owed to United States Government and United States nationals for which Iraq had suspended repayment, was repealed by Pub. L. 102–27, title IV, §402(a), Apr. 10, 1991, 105 Stat. 155, as amended by Pub. L. 102–136, §126, Oct. 25, 1991, 105 Stat. 643, effective Nov. 5, 1990.

Iraq Sanctions

Pub. L. 101–513, title V, §§586–586J, Nov. 5, 1990, 104 Stat. 2047–2054, provided that:

"SEC. 586. SHORT TITLE.

"Sections 586 through 586J of this Act may be cited as the 'Iraq Sanctions Act of 1990'.

"SEC. 586A. DECLARATIONS REGARDING IRAQ'S INVASION OF KUWAIT.

"The Congress—

"(1) condemns Iraq's invasion of Kuwait on August 2, 1990;

"(2) supports the actions that have been taken by the President in response to that invasion;

"(3) calls for the immediate and unconditional withdrawal of Iraqi forces from Kuwait;

"(4) supports the efforts of the United Nations Security Council to end this violation of international law and threat to international peace;

"(5) supports the imposition and enforcement of multilateral sanctions against Iraq;

"(6) calls on United States allies and other countries to support fully the efforts of the United Nations Security Council, and to take other appropriate actions, to bring about an end to Iraq's occupation of Kuwait; and

"(7) condemns the brutal occupation of Kuwait by Iraq and its gross violations of internationally recognized human rights in Kuwait, including widespread arrests, torture, summary executions, and mass extrajudicial killings.

"SEC. 586B. CONSULTATIONS WITH CONGRESS.

"The President shall keep the Congress fully informed, and shall consult with the Congress, with respect to current and anticipated events regarding the international crisis caused by Iraq's invasion of Kuwait, including with respect to United States actions.

"SEC. 586C. TRADE EMBARGO AGAINST IRAQ.

"(a) Continuation of Embargo.—Except as otherwise provided in this section, the President shall continue to impose the trade embargo and other economic sanctions with respect to Iraq and Kuwait that the United States is imposing, in response to Iraq's invasion of Kuwait, pursuant to Executive Orders Numbered 12724 and 12725 [listed in a table below] (August 9, 1990) and, to the extent they are still in effect, Executive Orders Numbered 12722 and 12723 [listed in a table below] (August 2, 1990). Notwithstanding any other provision of law, no funds, credits, guarantees, or insurance appropriated or otherwise made available by this or any other Act for fiscal year 1991 or any fiscal year thereafter shall be used to support or administer any financial or commercial operation of any United States Government department, agency, or other entity, or of any person subject to the jurisdiction of the United States, for the benefit of the Government of Iraq, its agencies or instrumentalities, or any person working on behalf of the Government of Iraq, contrary to the trade embargo and other economic sanctions imposed in accordance with this section.

"(b) Humanitarian Assistance.—To the extent that transactions involving foodstuffs or payments for foodstuffs are exempted 'in humanitarian circumstances' from the prohibitions established by the United States pursuant to United Nations Security Council Resolution 661 (1990), those exemptions shall be limited to foodstuffs that are to be provided consistent with United Nations Security Council Resolution 666 (1990) and other relevant Security Council resolutions.

"(c) Notice to Congress of Exceptions to and Termination of Sanctions.—

"(1) Notice of regulations.—Any regulations issued after the date of enactment of this Act [Nov. 5, 1990] with respect to the economic sanctions imposed with respect to Iraq and Kuwait by the United States under Executive Orders Numbered 12722 and 12723 (August 2, 1990) and Executive Orders Numbered 12724 and 12725 (August 9, 1990) shall be submitted to the Congress before those regulations take effect.

"(2) Notice of termination of sanctions.—The President shall notify the Congress at least 15 days before the termination, in whole or in part, of any sanction imposed with respect to Iraq or Kuwait pursuant to those Executive orders.

"(d) Relation to Other Laws.—

"(1) Sanctions legislation.—The sanctions that are described in subsection (a) are in addition to, and not in lieu of the sanctions provided for in section 586G of this Act or any other provision of law.

"(2) National emergencies and united nations legislation.—Nothing in this section supersedes any provision of the National Emergencies Act [50 U.S.C. 1601 et seq.] or any authority of the President under the International Emergency Economic Powers Act [50 U.S.C. 1701 et seq.] or section 5(a) of the United Nations Participation Act of 1945 [22 U.S.C. 287c(a)].

"SEC. 586D. COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ.

"(a) Denial of Assistance.—None of the funds appropriated or otherwise made available pursuant to this Act [see Tables for classification] to carry out the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] (including title IV of chapter 2 of part I [22 U.S.C. 2191 et seq.], relating to the Overseas Private Investment Corporation) or the Arms Export Control Act [22 U.S.C. 2751 et seq.] may be used to provide assistance to any country that is not in compliance with the United Nations Security Council sanctions against Iraq unless the President determines and so certifies to the Congress that—

"(1) such assistance is in the national interest of the United States;

"(2) such assistance will directly benefit the needy people in that country; or

"(3) the assistance to be provided will be humanitarian assistance for foreign nationals who have fled Iraq and Kuwait.

"(b) Import Sanctions.—If the President considers that the taking of such action would promote the effectiveness of the economic sanctions of the United Nations and the United States imposed with respect to Iraq, and is consistent with the national interest, the President may prohibit, for such a period of time as he considers appropriate, the importation into the United States of any or all products of any foreign country that has not prohibited—

"(1) the importation of products of Iraq into its customs territory, and

"(2) the export of its products to Iraq.

"SEC. 586E. PENALTIES FOR VIOLATIONS OF EMBARGO.

"Notwithstanding section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) and section 5(b) of the United Nations Participation Act of 1945 (22 U.S.C. 287c(b))—

"(1) a civil penalty of not to exceed $250,000 may be imposed on any person who, after the date of enactment of this Act [Nov. 5, 1990], violates or evades or attempts to violate or evade Executive Order Numbered 12722, 12723, 12724, or 12725 [listed in a table below] or any license, order, or regulation issued under any such Executive order; and

"(2) whoever, after the date of enactment of this Act, willfully violates or evades or attempts to violate or evade Executive Order Numbered 12722, 12723, 12724, or 12725 or any license, order, or regulation issued under any such Executive order—

"(A) shall, upon conviction, be fined not more than $1,000,000, if a person other than a natural person; or

"(B) if a natural person, shall, upon conviction, be fined not more than $1,000,000, be imprisoned for not more than 12 years, or both.

Any officer, director, or agent of any corporation who knowingly participates in a violation, evasion, or attempt described in paragraph (2) may be punished by imposition of the fine or imprisonment (or both) specified in subparagraph (B) of that paragraph.

"SEC. 586F. DECLARATIONS REGARDING IRAQ'S LONG-STANDING VIOLATIONS OF INTERNATIONAL LAW.

"(a) Iraq's Violations of International Law.—The Congress determines that—

"(1) the Government of Iraq has demonstrated repeated and blatant disregard for its obligations under international law by violating the Charter of the United Nations, the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare (done at Geneva, June 17, 1925), as well as other international treaties;

"(2) the Government of Iraq is a party to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights and is obligated under the Covenants, as well as the Universal Declaration of Human Rights, to respect internationally recognized human rights;

"(3) the State Department's Country Reports on Human Rights Practices for 1989 again characterizes Iraq's human rights record as 'abysmal';

"(4) Amnesty International, Middle East Watch, and other independent human rights organizations have documented extensive, systematic, and continuing human rights abuses by the Government of Iraq, including summary executions, mass political killings, disappearances, widespread use of torture, arbitrary arrests and prolonged detention without trial of thousands of political opponents, forced relocation and deportation, denial of nearly all civil and political rights such as freedom of association, assembly, speech, and the press, and the imprisonment, torture, and execution of children;

"(5) since 1987, the Government of Iraq has intensified its severe repression of the Kurdish minority of Iraq, deliberately destroyed more than 3,000 villages and towns in the Kurdish regions, and forcibly expelled more than 500,000 people, thus effectively depopulating the rural areas of Iraqi Kurdistan;

"(6) Iraq has blatantly violated international law by initiating use of chemical weapons in the Iran-Iraq war;

"(7) Iraq has also violated international law by using chemical weapons against its own Kurdish citizens, resulting in tens of thousands of deaths and more than 65,000 refugees;

"(8) Iraq continues to expand its chemical weapons capability, and President Saddam Hussein has threatened to use chemical weapons against other nations;

"(9) persuasive evidence exists that Iraq is developing biological weapons in violation of international law;

"(10) there are strong indications that Iraq has taken steps to produce nuclear weapons and has attempted to smuggle from the United States, in violation of United States law, components for triggering devices used in nuclear warheads whose manufacture would contravene the Treaty on the Non-Proliferation of Nuclear Weapons, to which Iraq is a party; and

"(11) Iraqi President Saddam Hussein has threatened to use terrorism against other nations in violation of international law and has increased Iraq's support for the Palestine Liberation Organization and other Palestinian groups that have conducted terrorist acts.

"(b) Human Rights Violations.—The Congress determines that the Government of Iraq is engaged in a consistent pattern of gross violations of internationally recognized human rights. All provisions of law that impose sanctions against a country whose government is engaged in a consistent pattern of gross violations of internationally recognized human rights shall be fully enforced against Iraq.

"(c) Support for International Terrorism.—(1) The Congress determines that Iraq is a country which has repeatedly provided support for acts of international terrorism, a country which grants sanctuary from prosecution to individuals or groups which have committed an act of international terrorism, and a country which otherwise supports international terrorism. The provisions of law specified in paragraph (2) and all other provisions of law that impose sanctions against a country which has repeatedly provided support for acts of international terrorism, which grants sanctuary from prosecution to an individual or group which has committed an act of international terrorism, or which otherwise supports international terrorism shall be fully enforced against Iraq.

"(2) The provisions of law referred to in paragraph (1) are—

"(A) section 40 of the Arms Export Control Act [22 U.S.C. 2780];

"(B) section 620A of the Foreign Assistance Act of 1961 [22 U.S.C. 2371];

"(C) sections 555 and 556 of this Act [104 Stat. 2021, 2022] (and the corresponding sections of predecessor foreign operations appropriations Acts); and

"(D) section 555 of the International Security and Development Cooperation Act of 1985 [99 Stat. 227].

"(d) Multilateral Cooperation.—The Congress calls on the President to seek multilateral cooperation—

"(1) to deny dangerous technologies to Iraq;

"(2) to induce Iraq to respect internationally recognized human rights; and

"(3) to induce Iraq to allow appropriate international humanitarian and human rights organizations to have access to Iraq and Kuwait, including the areas in northern Iraq traditionally inhabited by Kurds.

"SEC. 586G. SANCTIONS AGAINST IRAQ.

"(a) Imposition.—Except as provided in section 586H, the following sanctions shall apply with respect to Iraq:

"(1) FMS sales.—The United States Government shall not enter into any sale with Iraq under the Arms Export Control Act [22 U.S.C. 2751 et seq.].

"(2) Commercial arms sales.—Licenses shall not be issued for the export to Iraq of any item on the United States Munitions List.

"(3) Exports of certain goods and technology.—The authorities of [former] section 6 of the Export Administration Act of 1979 (50 U.S.C. App. 2405) [former 50 U.S.C. 4605] shall be used to prohibit the export to Iraq of any goods or technology listed pursuant to that section or [former] section 5(c)(1) of that Act (50 U.S.C. App. 2404(c)(1)) [former 50 U.S.C. 4604(c)(1)] on the control list provided for in [former] section 4(b) of that Act (50 U.S.C. App. 2403(b)) [former 50 U.S.C. 4603(b)].

"(4) Nuclear equipment, materials, and technology.—

"(A) NRC licenses.—The Nuclear Regulatory Commission shall not issue any license or other authorization under the Atomic Energy Act of 1954 (42 U.S.C. 2011 and following) for the export to Iraq of any source or special nuclear material, any production or utilization facility, any sensitive nuclear technology, any component, item, or substance determined to have significance for nuclear explosive purposes pursuant to section 109b. of the Atomic Energy Act of 1954 (42 U.S.C. 2139(b)), or any other material or technology requiring such a license or authorization.

"(B) Distribution of nuclear materials.—The authority of the Atomic Energy Act of 1954 shall not be used to distribute any special nuclear material, source material, or byproduct material to Iraq.

"(C) DOE authorizations.—The Secretary of Energy shall not provide a specific authorization under section 57b.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2077(b)(2)) for any activity that would constitute directly or indirectly engaging in Iraq in activities that require a specific authorization under that section.

"(5) Assistance from international financial institutions.—The United States shall oppose any loan or financial or technical assistance to Iraq by international financial institutions in accordance with section 701 of the International Financial Institutions Act (22 U.S.C. 262d).

"(6) Assistance through the export-import bank.—Credits and credit guarantees through the Export-Import Bank of the United States shall be denied to Iraq.

"(7) Assistance through the commodity credit corporation.—Credit, credit guarantees, and other assistance through the Commodity Credit Corporation shall be denied to Iraq.

"(8) Foreign assistance.—All forms of assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 and following) other than emergency assistance for medical supplies and other forms of emergency humanitarian assistance, and under the Arms Export Control Act (22 U.S.C. 2751 and following) shall be denied to Iraq.

"(b) Contract Sanctity.—For purposes of the export controls imposed pursuant to subsection (a)(3), the date described in subsection (m)(1) of [former] section 6 of the Export Administration Act of 1979 (50 U.S.C. App. 2405) [former 50 U.S.C. 4605] shall be deemed to be August 1, 1990.

"SEC. 586H. WAIVER AUTHORITY.

"(a) In General.—The President may waive the requirements of any paragraph of section 586G(a) if the President makes a certification under subsection (b) or subsection (c).

"(b) Certification of Fundamental Changes in Iraqi Policies and Actions.—The authority of subsection (a) may be exercised 60 days after the President certifies to the Congress that—

"(1) the Government of Iraq—

"(A) has demonstrated, through a pattern of conduct, substantial improvement in its respect for internationally recognized human rights;

"(B) is not acquiring, developing, or manufacturing (i) ballistic missiles, (ii) chemical, biological, or nuclear weapons, or (iii) components for such weapons; has forsworn the first use of such weapons; and is taking substantial and verifiable steps to destroy or otherwise dispose of any such missiles and weapons it possesses; and

"(C) does not provide support for international terrorism;

"(2) the Government of Iraq is in substantial compliance with its obligations under international law, including—

"(A) the Charter of the United Nations;

"(B) the International Covenant on Civil and Political Rights (done at New York, December 16, 1966) and the International Covenant on Economic, Social, and Cultural Rights (done at New York, December 16, 1966);

"(C) the Convention on the Prevention and Punishment of the Crime of Genocide (done at Paris, December 9, 1948);

"(D) the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare (done at Geneva, June 17, 1925);

"(E) the Treaty on the Non-Proliferation of Nuclear Weapons (done at Washington, London, and Moscow, July 1, 1968); and

"(F) the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (done at Washington, London, and Moscow, April 10, 1972); and

"(3) the President has determined that it is essential to the national interests of the United States to exercise the authority of subsection (a).

"(c) Certification of Fundamental Changes in Iraqi Leadership and Policies.—The authority of subsection (a) may be exercised 30 days after the President certifies to the Congress that—

"(1) there has been a fundamental change in the leadership of the Government of Iraq; and

"(2) the new Government of Iraq has provided reliable and credible assurance that—

"(A) it respects internationally recognized human rights and it will demonstrate such respect through its conduct;

"(B) it is not acquiring, developing, or manufacturing and it will not acquire, develop, or manufacture (i) ballistic missiles, (ii) chemical, biological, or nuclear weapons, or (iii) components for such weapons; has forsworn the first use of such weapons; and is taking substantial and verifiable steps to destroy or otherwise dispose of any such missiles and weapons it possesses;

"(C) it is not and will not provide support for international terrorism; and

"(D) it is and will continue to be in substantial compliance with its obligations under international law, including all the treaties specified in subparagraphs (A) through (F) of subsection (b)(2).

"(d) Information To Be Included in Certifications.—Any certification under subsection (b) or (c) shall include the justification for each determination required by that subsection. The certification shall also specify which paragraphs of section 586G(a) the President will waive pursuant to that certification.

"SEC. 586I. DENIAL OF LICENSES FOR CERTAIN EXPORTS TO COUNTRIES ASSISTING IRAQ'S ROCKET OR CHEMICAL, BIOLOGICAL, OR NUCLEAR WEAPONS CAPABILITY.

"(a) Restriction on Export Licenses.—None of the funds appropriated by this or any other Act may be used to approve the licensing for export of any supercomputer to any country whose government the President determines is assisting, or whose government officials the President determines are assisting, Iraq to improve its rocket technology or chemical, biological, or nuclear weapons capability.

"(b) Negotiations.—The President is directed to begin immediate negotiations with those governments with which the United States has bilateral supercomputer agreements, including the Government of the United Kingdom and the Government of Japan, on conditions restricting the transfer to Iraq of supercomputer or associated technology.

"SEC. 586J. REPORTS TO CONGRESS.

"(a) Study and Report on the International Export to Iraq of Nuclear, Biological, Chemical, and Ballistic Missile Technology.—(1) The President shall conduct a study on the sale, export, and third party transfer or development of nuclear, biological, chemical, and ballistic missile technology to or with Iraq including—

"(A) an identification of specific countries, as well as companies and individuals, both foreign and domestic, engaged in such sale or export of, nuclear, biological, chemical, and ballistic missile technology;

"(B) a detailed description and analysis of the international supply, information, support, and coproduction network, individual, corporate, and state, responsible for Iraq's current capability in the area of nuclear, biological, chemical, and ballistic missile technology; and

"(C) a recommendation of standards and procedures against which to measure and verify a decision of the Government of Iraq to terminate the development, production, coproduction, and deployment of nuclear, biological, chemical, and offensive ballistic missile technology as well as the destruction of all existing facilities associated with such technologies.

"(2) The President shall include in the study required by paragraph (1) specific recommendations on new mechanisms, to include, but not be limited to, legal, political, economic and regulatory, whereby the United States might contribute, in conjunction with its friends, allies, and the international community, to the management, control, or elimination of the threat of nuclear, biological, chemical, and ballistic missile proliferation.

"(3) Not later than March 30, 1991, the President shall submit to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives, a report, in both classified and unclassified form, setting forth the findings of the study required by paragraph (1) of this subsection.

"(b) Study and Report on Iraq's Offensive Military Capability.—(1) The President shall conduct a study on Iraq's offensive military capability and its effect on the Middle East balance of power including an assessment of Iraq's power projection capability, the prospects for another sustained conflict with Iran, joint Iraqi-Jordanian military cooperation, the threat Iraq's arms transfer activities pose to United States allies in the Middle East, and the extension of Iraq's political-military influence into Africa and Latin America.

"(2) Not later than March 30, 1991, the President shall submit to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives, a report, in both classified and unclassified form, setting forth the findings of the study required by paragraph (1).

"(c) Report on Sanctions Taken by Other Nations Against Iraq.—(1) The President shall prepare a report on the steps taken by other nations, both before and after the August 2, 1990, invasion of Kuwait, to curtail the export of goods, services, and technologies to Iraq which might contribute to, or enhance, Iraq's nuclear, biological, chemical, and ballistic missile capability.

"(2) The President shall provide a complete accounting of international compliance with each of the sanctions resolutions adopted by the United Nations Security Council against Iraq since August 2, 1990, and shall list, by name, each country which to his knowledge, has provided any assistance to Iraq and the amount and type of that assistance in violation of each United Nations resolution.

"(3) The President shall make every effort to encourage other nations, in whatever forum or context, to adopt sanctions toward Iraq similar to those contained in this section.

"(4) Not later than every 6 months after the date of enactment of this Act [Nov. 5, 1990], the President shall submit to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives, a report in both classified and unclassified form, setting forth the findings of the study required by paragraph (1) of this subsection."

[Provisions similar to section 586D of Pub. L. 101–513, set out above, relating to compliance with sanctions against Iraq were contained in the following appropriations acts:

[Pub. L. 108–7, div. E, title V, §531, Feb. 20, 2003, 117 Stat. 192.

[Pub. L. 107–115, title V, §531, Jan. 10, 2002, 115 Stat. 2150.

[Pub. L. 106–429, §101(a) [title V, §534], Nov. 6, 2000, 114 Stat. 1900, 1900A-34.

[Pub. L. 106–113, div. B, §1000(a)(2) [title V, §534], Nov. 29, 1999, 113 Stat. 1535, 1501A-93.

[Pub. L. 105–277, div. A, §101(d) [title V, §535], Oct. 21, 1998, 112 Stat. 2681–150, 2681-181.

[Pub. L. 105–118, title V, §534, Nov. 26, 1997, 111 Stat. 2416.

[Pub. L. 104–208, div. A, title I, §101(c) [title V, §533], Sept. 30, 1996, 110 Stat. 3009–121, 3009-152.

[Pub. L. 104–107, title V, §534, Feb. 12, 1996, 110 Stat. 734.

[Pub. L. 103–306, title V, §538, Aug. 23, 1994, 108 Stat. 1639.

[Pub. L. 103–87, title V, §539, Sept. 30, 1993, 107 Stat. 957.

[Pub. L. 102–391, title V, §573, Oct. 6, 1992, 106 Stat. 1683.]

Pub. L. 101–510, div. A, title XIV, §1458, Nov. 5, 1990, 104 Stat. 1697, provided that: "If the President considers that the taking of such action would promote the effectiveness of the economic sanctions of the United Nations and the United States imposed with respect to Iraq, and is consistent with the national interest, the President may prohibit, for such a period of time as he considers appropriate, the importation into the United States of any or all products of any foreign country that has not—

"(1) prohibited—

"(A) the importation of products of Iraq into its customs territory, and

"(B) the export of its products to Iraq; or

"(2) given assurances satisfactory to the President that such import and export sanctions will be promptly implemented."

Iran Claims Settlement

Pub. L. 99–93, title V, Aug. 16, 1985, 99 Stat. 437, provided for the determination of the validity and amounts of claims by United States nationals against Iran which were settled en bloc by the United States.

Executive Documents

Suspending the Iraq Sanctions Act, Making Inapplicable Certain Statutory Provisions Related to Iraq, and Delegating Authorities, Under the Emergency Wartime Supplemental Appropriations Act, 2003

Determination of President of the United States, No. 2003–23, May 7, 2003, 68 F.R. 26459, provided:

Memorandum for the Secretary of State [and] the Secretary of Commerce

By virtue of the authority vested in me by the Constitution and the laws of the United States, including sections 1503 and 1504 of the Emergency Wartime Supplemental Act, 2003 [Emergency Wartime Supplemental Appropriations Act, 2003], Public Law 108–11 (the "Act") [117 Stat. 579], and section 301 of title 3, United States Code, I hereby:

(1) suspend the application of all of the provisions, other than section 586E, of the Iraq Sanctions Act of 1990, Public Law 101–513 [set out above], and

(2) make inapplicable with respect to Iraq section 620A of the Foreign Assistance Act of 1961, Public Law 87–195, as amended [22 U.S.C. 2371] (the "FAA"), and any other provision of law that applies to countries that have supported terrorism.

In addition, I delegate the functions and authorities conferred upon the President by:

(1) section 1503 of the Act to submit reports to the designated committees of the Congress to the Secretary of Commerce, or until such time as the principal licensing responsibility for the export to Iraq of items on the Commerce Control List has reverted to the Department of Commerce, to the Secretary of the Treasury; and,

(2) section 1504 of the Act to the Secretary of State.

The functions and authorities delegated herein may be further delegated and redelegated to the extent consistent with applicable law.

The Secretary of State is authorized and directed to publish this determination in the Federal Register.

George W. Bush.      

Ex. Ord. No. 13761. Recognizing Positive Actions by the Government of Sudan and Providing for the Revocation of Certain Sudan-Related Sanctions

Ex. Ord. No. 13761, Jan. 13, 2017, 82 F.R. 5331, as amended by Ex. Ord. No. 13804, §1, July 11, 2017, 82 F.R. 32611, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201–7211) (TSRA), the Comprehensive Peace in Sudan Act of 2004, as amended (Public Law 108–497) [formerly set out as a note above] (CPSA), the Darfur Peace and Accountability Act of 2006 (Public Law 109–344) (DPAA), and section 301 of title 3, United States Code,

I, BARACK OBAMA, President of the United States of America, find that the situation that gave rise to the actions taken in Executive Order 13067 of November 3, 1997, and Executive Order 13412 of October 13, 2006, related to the policies and actions of the Government of Sudan has been altered by Sudan's positive actions over the past 6 months. These actions include a marked reduction in offensive military activity, culminating in a pledge to maintain a cessation of hostilities in conflict areas in Sudan, and steps toward the improvement of humanitarian access throughout Sudan, as well as cooperation with the United States on addressing regional conflicts and the threat of terrorism. Given these developments, and in order to see these efforts sustained and enhanced by the Government of Sudan, I hereby order:

Section 1. Effective October 12, 2017 and provided the criteria in section 12(b) of this order are met, sections 1 and 2 of Executive Order 13067 of November 3, 1997 [listed in a table below], are revoked, and Executive Order 13412 of October 13, 2006 [listed in a table below], is revoked in its entirety. The revocation of those provisions of Executive Order 13067 and of Executive Order 13412 shall not affect any violation of any rules, regulations, orders, licenses, or other forms of administrative action under those orders during the period that those provisions were in effect.

Sec. 2. Pursuant to section 908(a)(3) of TSRA, I hereby determine that it is in the national security interest of the United States to waive, and hereby waive, the application of section 908(a)(1) of TSRA with respect to Sudan.

Sec. 3. Pursuant to section 6(d) of CPSA, I hereby determine and certify that it is in the national interest of the United States to waive, and hereby waive, the application of sections 6(a) and (b) of CPSA.

Sec. 4. The function of the President under section 6(c)(1) of CPSA is assigned to the Secretary of the Treasury.

Sec. 5. The functions of the President under section 6(c)(2) and the last sentence of section 6(d) of CPSA are assigned to the Secretary of State, except that the function of denial of entry is assigned to the Secretary of Homeland Security.

Sec. 6. The function of the President under section 8 of DPAA is assigned to the Secretary of State.

Sec. 7. The Secretary of the Treasury and the Secretary of Commerce are authorized to issue regulations, licenses, and orders, and conduct such investigations as may be necessary, to implement the provisions of section 906 of TSRA.

Sec. 8. This order is not intended to, and does not, otherwise affect the national emergency declared in Executive Order 13067 of November 3, 1997, as expanded in scope by Executive Order 13400 of April 26, 2006, which shall remain in place.

Sec. 9. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Sec. 10. On or before October 12, 2017, the Secretary of State, in consultation with the Secretary of the Treasury, the Director of National Intelligence, and the Administrator of the U.S. Agency for International Development, and based on a consideration of relevant and credible information from available sources, including nongovernmental organizations, shall provide to the President a report on whether the Government of Sudan has sustained the positive actions that gave rise to this order, including carrying out its pledge to maintain a cessation of hostilities in conflict areas in Sudan; continued improvement of humanitarian access throughout Sudan; and maintaining its cooperation with the United States on addressing regional conflicts and the threat of terrorism. As much of the report as possible, consistent with sources and methods, shall be unclassified and made public.

Sec. 11. [Revoked by Ex. Ord. No. 13804, §1(d), July 11, 2017, 82 F.R. 32611.]

Sec. 12. (a) This order is effective on January 13, 2017, except for sections 1, 4, 5, 6, and 7 of this order;

(b) Sections 1, 4, 5, 6, and 7 of this order are effective on October 12, 2017, provided that the Secretary of State, in consultation with the Secretary of the Treasury, the Director of National Intelligence, and the Administrator of the U.S. Agency for International Development, has published a notice in the Federal Register on or before that date, stating that the Government of Sudan has sustained the positive actions that gave rise to this order and that the Secretary of State has provided to the President the report described in section 10 of this order.

Promoting Accountability for Conflict-Related Sexual Violence

Memorandum of President of the United States, Nov. 28, 2022, 87 F.R. 74485, provided:

Memorandum for the Heads of Executive Departments and Agencies

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 United States policy and approach to prevent and respond to conflict-related sexual violence worldwide, it is hereby ordered as follows:

Section 1. Policy. Conflict-related sexual violence (CRSV) has devastating effects on individuals and communities, undermines peace and security, and prevents inclusive and sustainable development. Yet wherever conflicts or crises occur, sexual violence continues to be wielded as a tool or is a byproduct of armed conflict. Impunity for CRSV remains widespread, with accountability and justice the rare exception. For each rape reported in connection with a conflict, the United Nations estimates that 10 to 20 cases go undocumented, in part due to the impunity of perpetrators. Among the best ways to prevent CRSV worldwide are to advance global gender equity and equality and change harmful societal gender norms; prioritize prevention measures and locally-driven responses to all forms of gender-based violence, including through respect for human rights and international humanitarian law and equal protection under the law; and address impunity related to these brutal, yet often unreported, acts.

The United States does not accept CRSV as an inevitable cost of armed conflict and is committed to supporting survivors of this scourge by invoking all tools available, including legal, policy, diplomatic, and financial tools, to deter such violence, break the vicious cycle of impunity, and provide the necessary services to survivors. The United States has numerous frameworks, including laws and policies, through which to respond to and address CRSV, but more action is required to use them fully and in a manner that responds to the full scale of this problem. These efforts to address impunity and increase accountability for CRSV will complement a broader, holistic approach to preventing and responding to this scourge, which includes advancing gender equity and equality; prioritizing the immediate needs of survivors; and amplifying survivor voices in transitional justice, the provision of services, and peace and political processes.

It is the policy of the United States to fully exercise existing authorities to impose economic sanctions and implement visa restrictions in order to promote justice and accountability for acts of CRSV; devote the necessary resources to ensure regular coordination and reporting on CRSV incidents and to conduct training on CRSV issues more broadly, including to support the designation of sanctions targets; strengthen the implementation of other existing tools and authorities to promote accountability for CRSV, including the provision of United States security assistance; and broaden engagement with foreign partner governments to encourage the establishment and use of their own tools to promote justice and accountability.

Sec. 2. Advancing Accountability for Acts of CRSV through Existing Sanctions Authorities. (a) Executive Order 13818 of December 20, 2017 (Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption) [listed in a table below], builds on and implements the Global Magnitsky Human Rights Accountability Act, [subtitle F of title XII of div. A of] Public Law 114–328 (the "Act") [22 U.S.C. 10101 et seq.], and authorizes the imposition of sanctions on persons, including both individuals and entities, responsible for or complicit in, or who have directly or indirectly engaged in, serious human rights abuse, as well as individuals who are or have been leaders or officials of an entity, including any government entity, that has engaged in, or which has members who have engaged in, serious human rights abuses relating to their tenure, among other things. It is the policy of the United States that an act of CRSV, committed by either state or non-state actors, may constitute a "serious human rights abuse" for purposes of designation under Executive Order 13818, as well as other similar authorities, and in furtherance of the policy reflected in the Act.

(b) In addition to the authorities described in subsection (a) of this section, many country-specific sanctions programs also contain criteria for the imposition of sanctions on persons engaged in or otherwise connected to activities that may include CRSV. For example, numerous sanctions programs, including country-specific programs related to Belarus, Burma, the Central African Republic, the Democratic Republic of the Congo, Iran, Libya, Mali, Nicaragua, Somalia, North Korea, the Russian Federation, South Sudan, Syria, Venezuela, the Western Balkans, and Zimbabwe, include criteria for targeting certain abuses or violations of human rights, which may include CRSV depending on specific facts and circumstances. It is the policy of the United States to promote accountability for perpetrators of acts of CRSV through relevant existing sanctions authorities, where applicable, and to ensure that these authorities are used to the fullest extent possible to target perpetrators of acts of CRSV and their enablers.

(c) I hereby direct the Secretary of State, the Secretary of the Treasury, the Attorney General, and the Director of National Intelligence to undertake the following actions, including by issuing guidance or regulations as appropriate:

(i) ensure equal consideration of and attention to acts of CRSV as the conduct supporting designation when identifying appropriate targets and compiling information necessary for the preparation of sanctions packages under applicable authorities, including those identified in this section; and

(ii) strengthen the capacity of executive departments and agencies (agencies) to collect, identify, assess, and share information on CRSV as appropriate, including by consulting with local civil society organizations, taking into account the importance of safely gathering information from survivors to support potential designations under existing sanctions authorities.

Sec. 3. Advancing Accountability for Acts of CRSV Through Additional Measures and Authorities. The United States is committed to using all available tools, including those pertaining to security assistance and visa eligibility, to prevent and respond to CRSV and promote accountability for perpetrators. Heads of agencies, including the Secretary of State and the Secretary of the Treasury, are directed to use existing authorities to the fullest extent possible to promote accountability for acts of CRSV, including considering acts of CRSV when assessing the potential application of existing laws and regulations, including, where appropriate, the laws known as the "Leahy Laws" (22 U.S.C. 2378d and 10 U.S.C. 362) and sections 7031(c) [8 U.S.C. 1182 note] and 7048(g) [136 Stat. 664] of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (Div. K, Public Law 117–103, as carried forward by the Continuing Appropriations Act, 2023 (Div. A, Public Law 117–180)), as well as similar provisions in future acts.

Sec. 4. Building Coalitions of Like-Minded Nations and Engaging International Organizations in Promoting Accountability for Acts of CRSV. Bilateral relationships with allies and partners, as well as engagement in multilateral fora and our relationships with international organizations, are critical to promote justice and accountability for acts of CRSV and bring global attention to this issue. Agencies engaged abroad shall reinforce the work they have done and amplify efforts with other nations—bilaterally and within multilateral fora—and with international organizations to broaden the number of countries willing to support accountability for acts of CRSV and to strengthen policies and locally-driven programming in multilateral institutions, including efforts to address the immediate and long-term needs of survivors, to promote accountability and justice for acts of CRSV.

Sec. 5. Definition. For the purposes of this memorandum, the term "conflict-related sexual violence" (CRSV) refers to incidents or patterns of sexual violence that occur in conflict or post-conflict situations with a direct or indirect link to conflict. CRSV may include rape, sexual slavery, sex trafficking, forced pregnancy, forced sterilization, and any other form of sexual violence of comparable gravity, against individuals of all gender identities. Depending on the circumstances, acts of CRSV can constitute war crimes, crimes against humanity, or acts of genocide, and therefore may constitute crimes that are punishable under international law.

Sec. 6. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(d) The Secretary of State is authorized and directed to publish this memorandum in the Federal Register.

J.R. Biden, Jr.      

EXECUTIVE DOCUMENTS DECLARING NATIONAL EMERGENCIES

Provisions relating to the exercise of Presidential authorities to declare national emergencies for unusual and extraordinary threats with respect to the actions of certain persons and countries are contained in the following:

Afghanistan (Taliban)

Ex. Ord. No. 13129, July 4, 1999, 64 F.R. 36759, revoked by Ex. Ord. No. 13268, July 2, 2002, 67 F.R. 44751.

Continuations of national emergency declared by Ex. Ord. No. 13129 were contained in the following:

Notice of President of the United States, dated June 30, 2001, 66 F.R. 35363.

Notice of President of the United States, dated June 30, 2000, 65 F.R. 41549.

Ex. Ord. No. 13268, July 2, 2002, 67 F.R. 44751.

Ex. Ord. No. 14064, Feb. 11, 2022, 87 F.R. 8391.

Continuations of national emergency declared by Ex. Ord. No. 14064 were contained in the following:

Notice of President of the United States, dated Feb. 7, 2024, 89 F.R. 8991.

Notice of President of the United States, dated Feb. 3, 2023, 88 F.R. 7837.

Angola (UNITA)

Ex. Ord. No. 12865, Sept. 26, 1993, 58 F.R. 51005, revoked by Ex. Ord. No. 13298, May 6, 2003, 68 F.R. 24857.

Continuations of national emergency declared by Ex. Ord. No. 12865 were contained in the following:

Notice of President of the United States, dated Sept. 23, 2002, 67 F.R. 60105.

Notice of President of the United States, dated Sept. 24, 2001, 66 F.R. 49084.

Notice of President of the United States, dated Sept. 22, 2000, 65 F.R. 57721.

Notice of President of the United States, dated Sept. 21, 1999, 64 F.R. 51419.

Notice of President of the United States, dated Sept. 23, 1998, 63 F.R. 51509.

Notice of President of the United States, dated Sept. 24, 1997, 62 F.R. 50477.

Notice of President of the United States, dated Sept. 16, 1996, 61 F.R. 49047.

Notice of President of the United States, dated Sept. 18, 1995, 60 F.R. 48621.

Notice of President of the United States, dated Aug. 17, 1994, 59 F.R. 42749.

Ex. Ord. No. 13069, Dec. 12, 1997, 62 F.R. 65989, revoked by Ex. Ord. No. 13298, May 6, 2003, 68 F.R. 24857.

Ex. Ord. No. 13098, Aug. 18, 1998, 63 F.R. 44771, revoked by Ex. Ord. No. 13298, May 6, 2003, 68 F.R. 24857.

Ex. Ord. No. 13298, May 6, 2003, 68 F.R. 24857.

Belarus

Ex. Ord. No. 13405, June 16, 2006, 71 F.R. 35485.

Continuations of national emergency declared by Ex. Ord. No. 13405 were contained in the following:

Notice of President of the United States, dated June 13, 2024, 89 F.R. 51197.

Notice of President of the United States, dated June 12, 2023, 88 F.R. 39109.

Notice of President of the United States, dated June 13, 2022, 87 F.R. 36047.

Notice of President of the United States, dated June 8, 2021, 86 F.R. 31085.

Notice of President of the United States, dated June 11, 2020, 85 F.R. 36137.

Notice of President of the United States, dated June 13, 2019, 84 F.R. 27905.

Notice of President of the United States, dated June 8, 2018, 83 F.R. 27287.

Notice of President of the United States, dated June 13, 2017, 82 F.R. 27605.

Notice of President of the United States, dated June 10, 2016, 81 F.R. 38879.

Notice of President of the United States, dated June 10, 2015, 80 F.R. 34021.

Notice of President of the United States, dated June 10, 2014, 79 F.R. 33847.

Notice of President of the United States, dated June 13, 2013, 78 F.R. 36081.

Notice of President of the United States, dated June 14, 2012, 77 F.R. 36113.

Notice of President of the United States, dated June 14, 2011, 76 F.R. 35093.

Notice of President of the United States, dated June 8, 2010, 75 F.R. 32841.

Notice of President of the United States, dated June 12, 2009, 74 F.R. 28437.

Notice of President of the United States, dated June 6, 2008, 73 F.R. 32981.

Notice of President of the United States, dated June 14, 2007, 72 F.R. 33381.

Ex. Ord. No. 14038, Aug. 9, 2021, 86 F.R. 43905.

Burma

Ex. Ord. No. 13047, May 20, 1997, 62 F.R. 28301, sections 1 to 7 of which were revoked by Ex. Ord. No. 13310, §12, July 28, 2003, 68 F.R. 44855, to the extent inconsistent with Ex. Ord. No. 13310; revoked in full by Ex. Ord. No. 13742, Oct. 7, 2016, 81 F.R. 70593.

Continuations of national emergency declared by Ex. Ord. No. 13047 were contained in the following:

Notice of President of the United States, dated May 17, 2016, 81 F.R. 31487.

Notice of President of the United States, dated May 15, 2015, 80 F.R. 28805.

Notice of President of the United States, dated May 15, 2014, 79 F.R. 28807.

Notice of President of the United States, dated May 2, 2013, 78 F.R. 26231.

Notice of President of the United States, dated May 17, 2012, 77 F.R. 29851.

Notice of President of the United States, dated May 16, 2011, 76 F.R. 28883.

Notice of President of the United States, dated May 13, 2010, 75 F.R. 27629.

Notice of President of the United States, dated May 14, 2009, 74 F.R. 23287.

Notice of President of the United States, dated May 16, 2008, 73 F.R. 29035.

Notice of President of the United States, dated May 17, 2007, 72 F.R. 28447.

Notice of President of the United States, dated May 18, 2006, 71 F.R. 29239.

Notice of President of the United States, dated May 17, 2005, 70 F.R. 28771.

Notice of President of the United States, dated May 17, 2004, 69 F.R. 29041.

Notice of President of the United States, dated May 16, 2003, 68 F.R. 27425.

Notice of President of the United States, dated May 16, 2002, 67 F.R. 35423.

Notice of President of the United States, dated May 15, 2001, 66 F.R. 27443.

Notice of President of the United States, dated May 18, 2000, 65 F.R. 32005.

Notice of President of the United States, dated May 18, 1999, 64 F.R. 27443.

Notice of President of the United States, dated May 18, 1998, 63 F.R. 27661.

Ex. Ord. No. 13310, July 28, 2003, 68 F.R. 44853, as amended by Ex. Ord. No. 13651, §2, Aug. 6, 2013, 78 F.R. 48793, revoked by Ex. Ord. No. 13742, Oct. 7, 2016, 81 F.R. 70593.

Ex. Ord. No. 13448, Oct. 18, 2007, 72 F.R. 60223, as amended by Ex. Ord. No. 13619, §2(b), July 11, 2012, 77 F.R. 41244, revoked by Ex. Ord. No. 13742, Oct. 7, 2016, 81 F.R. 70593.

Ex. Ord. No. 13464, Apr. 30, 2008, 73 F.R. 24491, as amended by Ex. Ord. No. 13619, §2(a), July 11, 2012, 77 F.R. 41244, revoked by Ex. Ord. No. 13742, Oct. 7, 2016, 81 F.R. 70593.

Ex. Ord. No. 13619, July 11, 2012, 77 F.R. 41243, revoked by Ex. Ord. No. 13742, Oct. 7, 2016, 81 F.R. 70593.

Ex. Ord. No. 13651, Aug. 6, 2013, 78 F.R. 48793, revoked by Ex. Ord. No. 13742, Oct. 7, 2016, 81 F.R. 70593.

Ex. Ord. No. 13742, Oct. 7, 2016, 81 F.R. 70593.

Ex. Ord. No. 14014, Feb. 10, 2021, 86 F.R. 9429.

Continuations of national emergency declared by Ex. Ord. No. 14014 were contained in the following:

Notice of President of the United States, dated Feb. 7, 2024, 89 F.R. 8989.

Notice of President of the United States, dated Feb. 6, 2023, 88 F.R. 8205.

Notice of President of the United States, dated Feb. 7, 2022, 87 F.R. 7677.

Burundi

Ex. Ord. No. 13712, Nov. 22, 2015, 80 F.R. 73633, revoked by Ex. Ord. No. 14054, Nov. 18, 2021, 86 F.R. 66149.

Continuations of national emergency declared by Ex. Ord. No. 13712 were contained in the following:

Notice of President of the United States, dated Nov. 12, 2020, 85 F.R. 72893.

Notice of President of the United States, dated Nov. 19, 2019, 84 F.R. 64191.

Notice of President of the United States, dated Nov. 16, 2018, 83 F.R. 58461.

Notice of President of the United States, dated Nov. 6, 2017, 82 F.R. 51967.

Notice of President of the United States, dated Nov. 9, 2016, 81 F.R. 79989.

Ex. Ord. No. 14054, Nov. 18, 2021, 86 F.R. 66149.

Central African Republic

Ex. Ord. No. 13667, May 12, 2014, 79 F.R. 28387.

Continuations of national emergency declared by Ex. Ord. No. 13667 were contained in the following:

Notice of President of the United States, dated May 8, 2024, 89 F.R. 40357.

Notice of President of the United States, dated May 10, 2023, 88 F.R. 30637.

Notice of President of the United States, dated May 9, 2022, 87 F.R. 29019.

Notice of President of the United States, dated May 6, 2021, 86 F.R. 25795.

Notice of President of the United States, dated May 7, 2020, 85 F.R. 27641.

Notice of President of the United States, dated May 8, 2019, 84 F.R. 20539.

Notice of President of the United States, dated May 10, 2018, 83 F.R. 22175.

Notice of President of the United States, dated May 9, 2017, 82 F.R. 21911.

Notice of President of the United States, dated May 9, 2016, 81 F.R. 29469.

Notice of President of the United States, dated May 8, 2015, 80 F.R. 27067.

Colombia

Ex. Ord. No. 12978, Oct. 21, 1995, 60 F.R. 54579, as amended by Ex. Ord. No. 13286, §22, Feb. 28, 2003, 68 F.R. 10624.

Continuations of national emergency declared by Ex. Ord. No. 12978 were contained in the following:

Notice of President of the United States, dated Oct. 17, 2023, 88 F.R. 72345.

Notice of President of the United States, dated Oct. 12, 2022, 87 F.R. 62279.

Notice of President of the United States, dated Oct. 12, 2021, 86 F.R. 57319.

Notice of President of the United States, dated Oct. 19, 2020, 85 F.R. 66871.

Notice of President of the United States, dated Oct. 15, 2019, 84 F.R. 55857.

Notice of President of the United States, dated Oct. 17, 2018, 83 F.R. 52941.

Notice of President of the United States, dated Oct. 16, 2017, 82 F.R. 48607.

Notice of President of the United States, dated Oct. 18, 2016, 81 F.R. 72679.

Notice of President of the United States, dated Oct. 19, 2015, 80 F.R. 63665.

Notice of President of the United States, dated Oct. 16, 2014, 79 F.R. 62795.

Notice of President of the United States, dated Oct. 16, 2013, 78 F.R. 62341.

Notice of President of the United States, dated Oct. 17, 2012, 77 F.R. 64221.

Notice of President of the United States, dated Oct. 19, 2011, 76 F.R. 65355.

Notice of President of the United States, dated Oct. 14, 2010, 75 F.R. 64109.

Notice of President of the United States, dated Oct. 16, 2009, 74 F.R. 53879.

Notice of President of the United States, dated Oct. 16, 2008, 73 F.R. 62433.

Notice of President of the United States, dated Oct. 18, 2007, 72 F.R. 59473.

Notice of President of the United States, dated Oct. 19, 2006, 71 F.R. 62053.

Notice of President of the United States, dated Oct. 19, 2005, 70 F.R. 61209.

Notice of President of the United States, dated Oct. 19, 2004, 69 F.R. 61733.

Notice of President of the United States, dated Oct. 16, 2003, 68 F.R. 60023.

Notice of President of the United States, dated Oct. 16, 2002, 67 F.R. 64307.

Notice of President of the United States, dated Oct. 16, 2001, 66 F.R. 53073.

Notice of President of the United States, dated Oct. 19, 2000, 65 F.R. 63193.

Notice of President of the United States, dated Oct. 19, 1999, 64 F.R. 56667.

Notice of President of the United States, dated Oct. 19, 1998, 63 F.R. 56079.

Notice of President of the United States, dated Oct. 17, 1997, 62 F.R. 54561.

Notice of President of the United States, dated Oct. 16, 1996, 61 F.R. 54531.

Communist Chinese Military Companies

Ex. Ord. No. 13959, Nov. 12, 2020, 85 F.R. 73185, as amended by Ex. Ord. No. 13974, §§1–3, Jan. 13, 2021, 86 F.R. 4875, 4876, revoked by Ex. Ord. No. 14032, §4, June 3, 2021, 86 F.R. 30147; Ex. Ord. No. 14032, §§1–3, June 3, 2021, 86 F.R. 30145, 30146.

Continuations of national emergency declared by Ex. Ord. No. 13959 were contained in the following:

Notice of President of the United States, dated Nov. 3, 2023, 88 F.R. 76987.

Notice of President of the United States, dated Nov. 8, 2022, 87 F.R. 68017.

Notice of President of the United States, dated Nov. 9, 2021, 86 F.R. 62711.

Côte d'Ivoire

Ex. Ord. No. 13396, Feb. 7, 2006, 71 F.R. 7389, revoked by Ex. Ord. No. 13739, Sept. 14, 2016, 81 F.R. 63673.

Continuations of national emergency declared by Ex. Ord. No. 13396 were contained in the following:

Notice of President of the United States, dated Feb. 3, 2016, 81 F.R. 6157.

Notice of President of the United States, dated Feb. 4, 2015, 80 F.R. 6647.

Notice of President of the United States, dated Feb. 4, 2014, 79 F.R. 7047.

Notice of President of the United States, dated Feb. 4, 2013, 78 F.R. 8955.

Notice of President of the United States, dated Feb. 3, 2012, 77 F.R. 5985.

Notice of President of the United States, dated Jan. 26, 2011, 76 F.R. 5053.

Notice of President of the United States, dated Feb. 2, 2010, 75 F.R. 5675.

Notice of President of the United States, dated Feb. 4, 2009, 74 F.R. 6349.

Notice of President of the United States, dated Feb. 5, 2008, 73 F.R. 7185.

Notice of President of the United States, dated Feb. 5, 2007, 72 F.R. 5593.

Ex. Ord. No. 13739, Sept. 14, 2016, 81 F.R. 63673.

Countries and Persons Committing or Supporting Terrorism

Ex. Ord. No. 12947, Jan. 23, 1995, 60 F.R. 5079, as amended by Ex. Ord. No. 13099, §§1, 2, Aug. 20, 1998, 63 F.R. 45167; Ex. Ord. No. 13372, §2, Feb. 16, 2005, 70 F.R. 8499, revoked by Ex. Ord. 13886, Sept. 9, 2019, 84 F.R. 48041.

Continuations of national emergency declared by Ex. Ord. No. 12947 were contained in the following:

Notice of President of the United States, dated Jan. 16, 2019, 84 F.R. 127.

Notice of President of the United States, dated Jan. 17, 2018, 83 F.R. 2731.

Notice of President of the United States, dated Jan. 13, 2017, 82 F.R. 6165.

Notice of President of the United States, dated Jan. 20, 2016, 81 F.R. 3937.

Notice of President of the United States, dated Jan. 21, 2015, 80 F.R. 3461.

Notice of President of the United States, dated Jan. 21, 2014, 79 F.R. 3721.

Notice of President of the United States, dated Jan. 17, 2013, 78 F.R. 4303.

Notice of President of the United States, dated Jan. 19, 2012, 77 F.R. 3067.

Notice of President of the United States, dated Jan. 13, 2011, 76 F.R. 3009.

Notice of President of the United States, dated Jan. 20, 2010, 75 F.R. 3845.

Notice of President of the United States, dated Jan. 15, 2009, 74 F.R. 3961.

Notice of President of the United States, dated Jan. 18, 2008, 73 F.R. 3859.

Notice of President of the United States, dated Jan. 18, 2007, 72 F.R. 2595.

Notice of President of the United States, dated Jan. 18, 2006, 71 F.R. 3407.

Notice of President of the United States, dated Jan. 17, 2005, 70 F.R. 3277.

Notice of President of the United States, dated Jan. 16, 2004, 69 F.R. 2991.

Notice of President of the United States, dated Jan. 20, 2003, 68 F.R. 3161.

Notice of President of the United States, dated Jan. 18, 2002, 67 F.R. 3033.

Notice of President of the United States, dated Jan. 19, 2001, 66 F.R. 7371.

Notice of President of the United States, dated Jan. 19, 2000, 65 F.R. 3581.

Notice of President of the United States, dated Jan. 20, 1999, 64 F.R. 3393.

Notice of President of the United States, dated Jan. 21, 1998, 63 F.R. 3445.

Notice of President of the United States, dated Jan. 21, 1997, 62 F.R. 3439.

Notice of President of the United States, dated Jan. 18, 1996, 61 F.R. 1695.

Ex. Ord. No. 13224, Sept. 23, 2001, 66 F.R. 49079, as amended by Ex. Ord. No. 13268, §1, July 2, 2002, 67 F.R. 44751; Ex. Ord. No. 13284, §4, Jan. 23, 2003, 68 F.R. 4075; Ex. Ord. No. 13372, §1, Feb. 16, 2005, 70 F.R. 8499; Ex. Ord. No. 13886, §§1, 2, Sept. 9, 2019, 84 F.R. 48041, 48042.

Continuations of national emergency declared by Ex. Ord. No. 13224 were contained in the following:

Notice of President of the United States, dated Sept. 7, 2023, 88 F.R. 62439.

Notice of President of the United States, dated Sept. 19, 2022, 87 F.R. 57569.

Notice of President of the United States, dated Sept. 15, 2021, 86 F.R. 52069.

Notice of President of the United States, dated Sept. 18, 2020, 85 F.R. 59641.

Notice of President of the United States, dated Sept. 19, 2019, 84 F.R. 49633.

Notice of President of the United States, dated Sept. 19, 2018, 83 F.R. 47799.

Notice of President of the United States, dated Sept. 18, 2017, 82 F.R. 43825.

Notice of President of the United States, dated Sept. 15, 2016, 81 F.R. 64343.

Notice of President of the United States, dated Sept. 18, 2015, 80 F.R. 57281.

Notice of President of the United States, dated Sept. 17, 2014, 79 F.R. 56475.

Notice of President of the United States, dated Sept. 18, 2013, 78 F.R. 58151.

Notice of President of the United States, dated Sept. 11, 2012, 77 F.R. 56519.

Notice of President of the United States, dated Sept. 21, 2011, 76 F.R. 59001.

Notice of President of the United States, dated Sept. 16, 2010, 75 F.R. 57159.

Notice of President of the United States, dated Sept. 21, 2009, 74 F.R. 48359.

Notice of President of the United States, dated Sept. 18, 2008, 73 F.R. 54489.

Notice of President of the United States, dated Sept. 20, 2007, 72 F.R. 54205.

Notice of President of the United States, dated Sept. 21, 2006, 71 F.R. 55725.

Notice of President of the United States, dated Sept. 21, 2005, 70 F.R. 55703.

Notice of President of the United States, dated Sept. 21, 2004, 69 F.R. 56923.

Notice of President of the United States, dated Sept. 18, 2003, 68 F.R. 55189.

Notice of President of the United States, dated Sept. 19, 2002, 67 F.R. 59447.

Ex. Ord. No. 13372, Feb. 16, 2005, 70 F.R. 8499.

Countries and Persons Interfering in United States Elections

Ex. Ord. No. 13848, Sept. 12, 2018, 83 F.R. 46843.

Continuations of national emergency declared by Ex. Ord. No. 13848 were contained in the following:

Notice of President of the United States, dated Sept. 7, 2023, 88 F.R. 62437.

Notice of President of the United States, dated Sept. 7, 2022, 87 F.R. 55681.

Notice of President of the United States, dated Sept. 7, 2021, 86 F.R. 50601.

Notice of President of the United States, dated Sept. 10, 2020, 85 F.R. 56469.

Notice of President of the United States, dated Sept. 10, 2019, 84 F.R. 48039.

Countries and Persons Proliferating Weapons of Mass Destruction

Ex. Ord. No. 12735, Nov. 16, 1990, 55 F.R. 48587, revoked by Ex. Ord. No. 12938, §10, Nov. 14, 1994, 59 F.R. 59099.

Continuations of national emergency declared by Ex. Ord. No. 12735 were contained in the following:

Notice of President of the United States, dated Nov. 12, 1993, 58 F.R. 60361.

Notice of President of the United States, dated Nov. 11, 1992, 57 F.R. 53979.

Notice of President of the United States, dated Nov. 14, 1991, 56 F.R. 58171.

Ex. Ord. No. 12868, Sept. 30, 1993, 58 F.R. 51749, revoked, with savings provision, by Ex. Ord. No. 12930, §3, Sept. 29, 1994, 59 F.R. 50475.

Ex. Ord. No. 12930, Sept. 29, 1994, 59 F.R. 50475, revoked by Ex. Ord. No. 12938, §10, Nov. 14, 1994, 59 F.R. 59099.

Ex. Ord. No. 12938, Nov. 14, 1994, 59 F.R. 59099, as amended by Ex. Ord. No. 13094, §1, July 28, 1998, 63 F.R. 40803; Ex. Ord. No. 13128, June 25, 1999, 64 F.R. 34704; Ex. Ord. No. 13382, §4, June 28, 2005, 70 F.R. 38568.

Continuations of national emergency declared by Ex. Ord. No. 12938 were contained in the following:

Notice of President of the United States, dated Nov. 1, 2023, 88 F.R. 75475.

Notice of President of the United States, dated Nov. 8, 2022, 87 F.R. 68015.

Notice of President of the United States, dated Nov. 10, 2021, 86 F.R. 62891.

Notice of President of the United States, dated Nov. 12, 2020, 85 F.R. 72897.

Notice of President of the United States, dated Nov. 12, 2019, 84 F.R. 61817.

Notice of President of the United States, dated Nov. 8, 2018, 83 F.R. 56253.

Notice of President of the United States, dated Nov. 6, 2017, 82 F.R. 51971.

Notice of President of the United States, dated Nov. 8, 2016, 81 F.R. 79379.

Notice of President of the United States, dated Nov. 12, 2015, 80 F.R. 70667.

Notice of President of the United States, dated Nov. 7, 2014, 79 F.R. 67035.

Notice of President of the United States, dated Nov. 7, 2013, 78 F.R. 67289.

Notice of President of the United States, dated Nov. 1, 2012, 77 F.R. 66513.

Notice of President of the United States, dated Nov. 9, 2011, 76 F.R. 70319.

Notice of President of the United States, dated Nov. 6, 2009, 74 F.R. 58187.

Notice of President of the United States, dated Nov. 10, 2008, 73 F.R. 67097.

Notice of President of the United States, dated Nov. 8, 2007, 72 F.R. 63963.

Notice of President of the United States, dated Oct. 27, 2006, 71 F.R. 64109.

Notice of President of the United States, dated Oct. 25, 2005, 70 F.R. 62027.

Notice of President of the United States, dated Nov. 4, 2004, 69 F.R. 64637.

Notice of President of the United States, dated Oct. 29, 2003, 68 F.R. 62209.

Notice of President of the United States, dated Nov. 6, 2002, 67 F.R. 68493.

Notice of President of the United States, dated Nov. 9, 2001, 66 F.R. 56965.

Notice of President of the United States, dated Nov. 9, 2000, 65 F.R. 68063.

Notice of President of the United States, dated Nov. 10, 1999, 64 F.R. 61767.

Notice of President of the United States, dated Nov. 12, 1998, 63 F.R. 63589.

Notice of President of the United States, dated Nov. 12, 1997, 62 F.R. 60993.

Notice of President of the United States, dated Nov. 12, 1996, 61 F.R. 58309.

Notice of President of the United States, dated Nov. 8, 1995, 60 F.R. 57137.

Ex. Ord. No. 13382, June 28, 2005, 70 F.R. 38567.

Countries and Persons Threatening United States Export Regulation Upon Expiration of the Export Administration Act of 1979

Ex. Ord. No. 12444, Oct. 14, 1983, 48 F.R. 48215, revoked by Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563.

Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563.

Ex. Ord. No. 12470, Mar. 30, 1984, 49 F.R. 13099, revoked by Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757.

Continuation of emergency declared by Ex. Ord. No. 12470 was contained in the following:

Notice of President of the United States, dated Mar. 28, 1985, 50 F.R. 12513.

Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757.

Ex. Ord. No. 12730, Sept. 30, 1990, 55 F.R. 40373, revoked by Ex. Ord. No. 12867, §1, Sept. 30, 1993, 58 F.R. 51747.

Continuations of national emergency declared by Ex. Ord. No. 12730 were contained in the following:

Notice of President of the United States, dated Sept. 25, 1992, 57 F.R. 44649.

Notice of President of the United States, dated Sept. 26, 1991, 56 F.R. 49385.

Ex. Ord. No. 12867, Sept. 30, 1993, 58 F.R. 51747.

Ex. Ord. No. 12923, June 30, 1994, 59 F.R. 34551, revoked by Ex. Ord. No. 12924, §4, Aug. 19, 1994, 59 F.R. 43438.

Ex. Ord. No. 12924, Aug. 19, 1994, 59 F.R. 43437, revoked by Ex. Ord. No. 13206, §1, Apr. 4, 2001, 66 F.R. 18397.

Continuations of national emergency declared by Ex. Ord. No. 12924 were contained in the following:

Notice of President of the United States, dated Aug. 3, 2000, 65 F.R. 48347.

Notice of President of the United States, dated Aug. 10, 1999, 64 F.R. 44101.

Notice of President of the United States, dated Aug. 13, 1998, 63 F.R. 44121.

Notice of President of the United States, dated Aug. 13, 1997, 62 F.R. 43629.

Notice of President of the United States, dated Aug. 14, 1996, 61 F.R. 42527.

Notice of President of the United States, dated Aug. 15, 1995, 60 F.R. 42767.

Ex. Ord. No. 13206, Apr. 4, 2001, 66 F.R. 18397.

Ex. Ord. No. 13222, Aug. 17, 2001, 66 F.R. 44025, as amended by Ex. Ord. No. 13637, §5, Mar. 8, 2013, 78 F.R. 16131.

Continuations of national emergency declared by Ex. Ord. No. 13222 were contained in the following:

Notice of President of the United States, dated Aug. 14, 2023, 88 F.R. 55549.

Notice of President of the United States, dated Aug. 4, 2022, 87 F.R. 48077.

Notice of President of the United States, dated Aug. 6, 2021, 86 F.R. 43901.

Notice of President of the United States, dated Aug. 13, 2020, 85 F.R. 49939.

Notice of President of the United States, dated Aug. 14, 2019, 84 F.R. 41881.

Notice of President of the United States, dated Aug. 8, 2018, 83 F.R. 39871.

Notice of President of the United States, dated Aug. 15, 2017, 82 F.R. 39005.

Notice of President of the United States, dated Aug. 4, 2016, 81 F.R. 52587.

Notice of President of the United States, dated Aug. 7, 2015, 80 F.R. 48233.

Notice of President of the United States, dated Aug. 7, 2014, 79 F.R. 46959.

Notice of President of the United States, dated Aug. 8, 2013, 78 F.R. 49107.

Notice of President of the United States, dated Aug. 15, 2012, 77 F.R. 49699.

Notice of President of the United States, dated Aug. 12, 2011, 76 F.R. 50661.

Notice of President of the United States, dated Aug. 12, 2010, 75 F.R. 50681.

Notice of President of the United States, dated Aug. 13, 2009, 74 F.R. 41325.

Notice of President of the United States, dated July 23, 2008, 73 F.R. 43603.

Notice of President of the United States, dated Aug. 15, 2007, 72 F.R. 46137.

Notice of President of the United States, dated Aug. 3, 2006, 71 F.R. 44551.

Notice of President of the United States, dated Aug. 2, 2005, 70 F.R. 45273.

Notice of President of the United States, dated Aug. 6, 2004, 69 F.R. 48763.

Notice of President of the United States, dated Aug. 7, 2003, 68 F.R. 47833.

Notice of President of the United States, dated Aug. 14, 2002, 67 F.R. 53721.

Democratic Republic of the Congo

Ex. Ord. No. 13413, Oct. 27, 2006, 71 F.R. 64105, as amended by Ex. Ord. No. 13671, §§1–3, July 8, 2014, 79 F.R. 39949, 39950.

Continuations of national emergency declared by Ex. Ord. No. 13413 were contained in the following:

Notice of President of the United States, dated Oct. 24, 2023, 88 F.R. 73753.

Notice of President of the United States, dated Oct. 13, 2022, 87 F.R. 62975.

Notice of President of the United States, dated Oct. 25, 2021, 86 F.R. 59277.

Notice of President of the United States, dated Oct. 23, 2020, 85 F.R. 67963.

Notice of President of the United States, dated Oct. 22, 2019, 84 F.R. 56927.

Notice of President of the United States, dated Oct. 25, 2018, 83 F.R. 54227.

Notice of President of the United States, dated Oct. 23, 2017, 82 F.R. 49275.

Notice of President of the United States, dated Oct. 21, 2016, 81 F.R. 74277.

Notice of President of the United States, dated Oct. 21, 2015, 80 F.R. 65119.

Notice of President of the United States, dated Oct. 21, 2014, 79 F.R. 63495.

Notice of President of the United States, dated Oct. 23, 2013, 78 F.R. 64151.

Notice of President of the United States, dated Oct. 24, 2012, 77 F.R. 65251.

Notice of President of the United States, dated Oct. 25, 2011, 76 F.R. 66599.

Notice of President of the United States, dated Oct. 22, 2010, 75 F.R. 65935.

Notice of President of the United States, dated Oct. 20, 2009, 74 F.R. 54741.

Notice of President of the United States, dated Oct. 22, 2008, 73 F.R. 63619.

Notice of President of the United States, dated Oct. 24, 2007, 72 F.R. 61045.

Ex. Ord. No. 13671, July 8, 2014, 79 F.R. 39949.

Ethiopia

Ex. Ord. No. 14046, Sept. 17, 2021, 86 F.R. 52389.

Continuations of national emergency declared by Ex. Ord. No. 14046 were contained in the following:

Notice of President of the United States, dated Sept. 7, 2023, 88 F.R. 62435.

Notice of President of the United States, dated Sept. 9, 2022, 87 F.R. 55899.

Haiti

Ex. Ord. No. 12775, Oct. 4, 1991, 56 F.R. 50641, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.

Continuations of national emergency declared by Ex. Ord. No. 12775 were contained in the following:

Notice of President of the United States, dated Sept. 30, 1994, 59 F.R. 50479.

Notice of President of the United States, dated Sept. 30, 1993, 58 F.R. 51563.

Notice of President of the United States, dated Sept. 30, 1992, 57 F.R. 45557.

Ex. Ord. No. 12779, Oct. 28, 1991, 56 F.R. 55975, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.

Ex. Ord. No. 12853, June 30, 1993, 58 F.R. 35843, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.

Ex. Ord. No. 12872, Oct. 18, 1993, 58 F.R. 54029, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.

Ex. Ord. No. 12914, May 7, 1994, 59 F.R. 24339, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.

Ex. Ord. No. 12917, May 21, 1994, 59 F.R. 26925, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.

Ex. Ord. No. 12920, June 10, 1994, 59 F.R. 30501, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.

Ex. Ord. No. 12922, June 21, 1994, 59 F.R. 32645, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.

Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.

Information and Communications Technology and Services

Ex. Ord. No. 13873, May 15, 2019, 84 F.R. 22689.

Continuations of national emergency declared by Ex. Ord. No. 13873 were contained in the following:

Notice of President of the United States, dated May 8, 2024, 89 F.R. 40353.

Notice of President of the United States, dated May 10, 2023, 88 F.R. 30635.

Notice of President of the United States, dated May 12, 2022, 87 F.R. 29645.

Notice of President of the United States, dated May 11, 2021, 86 F.R. 26339.

Notice of President of the United States, dated May 13, 2020, 85 F.R. 29321.

Ex. Ord. No. 13942, Aug. 6, 2020, 85 F.R. 48637, revoked by Ex. Ord. No. 14034, §1, June 9, 2021, 86 F.R. 31424.

Ex. Ord. No. 13943, Aug. 6, 2020, 85 F.R. 48641, revoked by Ex. Ord. No. 14034, §1, June 9, 2021, 86 F.R. 31424.

Ex. Ord. No. 13971, Jan. 5, 2021, 86 F.R. 1249, revoked by Ex. Ord. No. 14034, §1, June 9, 2021, 86 F.R. 31424.

Ex. Ord. No. 14034, June 9, 2021, 86 F.R. 31423.

Ex. Ord. No. 14117, Feb. 28, 2024, 89 F.R. 15421.

International Criminal Court

Ex. Ord. No. 13928, June 11, 2020, 85 F.R. 36139, revoked by Ex. Ord. No. 14022, Apr. 1, 2021, 86 F.R. 17895.

Iran

Ex. Ord. No. 12170, Nov. 14, 1979, 44 F.R. 65729.

Continuations of national emergency declared by Ex. Ord. No. 12170 were contained in the following:

Notice of President of the United States, dated Nov. 7, 2023, 88 F.R. 77489.

Notice of President of the United States, dated Nov. 8, 2022, 87 F.R. 68013.

Notice of President of the United States, dated Nov. 9, 2021, 86 F.R. 62709.

Notice of President of the United States, dated Nov. 12, 2020, 85 F.R. 72895.

Notice of President of the United States, dated Nov. 12, 2019, 84 F.R. 61815.

Notice of President of the United States, dated Nov. 8, 2018, 83 F.R. 56251.

Notice of President of the United States, dated Nov. 6, 2017, 82 F.R. 51969.

Notice of President of the United States, dated Nov. 3, 2016, 81 F.R. 78495.

Notice of President of the United States, dated Nov. 10, 2015, 80 F.R. 70663.

Notice of President of the United States, dated Nov. 12, 2014, 79 F.R. 68091.

Notice of President of the United States, dated Nov. 12, 2013, 78 F.R. 68323.

Notice of President of the United States, dated Nov. 9, 2012, 77 F.R. 67741.

Notice of President of the United States, dated Nov. 7, 2011, 76 F.R. 70035.

Notice of President of the United States, dated Nov. 10, 2010, 75 F.R. 69569.

Notice of President of the United States, dated Nov. 12, 2009, 74 F.R. 58841.

Notice of President of the United States, dated Nov. 10, 2008, 73 F.R. 67357.

Notice of President of the United States, dated Nov. 8, 2007, 72 F.R. 63965.

Notice of President of the United States, dated Nov. 9, 2006, 71 F.R. 66227.

Notice of President of the United States, dated Nov. 9, 2005, 70 F.R. 69039.

Notice of President of the United States, dated Nov. 9, 2004, 69 F.R. 65513.

Notice of President of the United States, dated Nov. 12, 2003, 68 F.R. 64489.

Notice of President of the United States, dated Nov. 12, 2002, 67 F.R. 68929.

Notice of President of the United States, dated Nov. 9, 2001, 66 F.R. 56966.

Notice of President of the United States, dated Nov. 9, 2000, 65 F.R. 68061.

Notice of President of the United States, dated Nov. 5, 1999, 64 F.R. 61471.

Notice of President of the United States, dated Nov. 9, 1998, 63 F.R. 63125.

Notice of President of the United States, dated Sept. 30, 1997, 62 F.R. 51591.

Notice of President of the United States, dated Oct. 29, 1996, 61 F.R. 56107.

Notice of President of the United States, dated Oct. 31, 1995, 60 F.R. 55651.

Notice of President of the United States, dated Oct. 31, 1994, 59 F.R. 54785.

Notice of President of the United States, dated Nov. 1, 1993, 58 F.R. 58639.

Notice of President of the United States, dated Oct. 25, 1992, 57 F.R. 48719.

Notice of President of the United States, dated Nov. 12, 1991, 56 F.R. 57791.

Notice of President of the United States, dated Nov. 9, 1990, 55 F.R. 47453.

Notice of President of the United States, dated Oct. 30, 1989, 54 F.R. 46043.

Notice of President of the United States, dated Nov. 8, 1988, 53 F.R. 45750.

Notice of President of the United States, dated Nov. 10, 1987, 52 F.R. 43549.

Notice of President of the United States, dated Nov. 10, 1986, 51 F.R. 41067.

Notice of President of the United States, dated Nov. 1, 1985, 50 F.R. 45901.

Notice of President of the United States, dated Nov. 7, 1984, 49 F.R. 44741.

Notice of President of the United States, dated Nov. 8, 1982, 47 F.R. 50841.

Ex. Ord. No. 12205, Apr. 7, 1980, 45 F.R. 24099, as amended by Ex. Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685, of which provisions related to prohibitions contained therein were revoked by Ex. Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925.

Ex. Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685, of which provisions related to prohibitions contained therein were revoked by Ex. Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925.

Ex. Ord. No. 12276, Jan. 19, 1981, 46 F.R. 7913.

Ex. Ord. No. 12277, Jan. 19, 1981, 46 F.R. 7915.

Ex. Ord. No. 12278, Jan. 19, 1981, 46 F.R. 7917.

Ex. Ord. No. 12279, Jan. 19, 1981, 46 F.R. 7919.

Ex. Ord. No. 12280, Jan. 19, 1981, 46 F.R. 7921.

Ex. Ord. No. 12281, Jan. 19, 1981, 46 F.R. 7923.

Ex. Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925.

Ex. Ord. No. 12283, Jan. 19, 1981, 46 F.R. 7927.

Ex. Ord. No. 12284, Jan. 19, 1981, 46 F.R. 7929.

Ex. Ord. No. 12285, Jan. 19, 1981, 46 F.R. 7931, as amended by Ex. Ord. No. 12307, June 4, 1981, 46 F.R. 30483; Ex. Ord. No. 12317, Aug. 14, 1981, 46 F.R. 42241, revoked by Ex. Ord. No. 12379, §21, Aug. 17, 1982, 47 F.R. 36100, listed in a table under section 1013 of Title 5, Government Organization and Employees.

Ex. Ord. No. 12294, Feb. 24, 1981, 46 F.R. 14111.

Ex. Ord. No. 12613, Oct. 29, 1987, 52 F.R. 41940, revoked by Ex. Ord. No. 13059, §7, Aug. 19, 1997, 62 F.R. 44533.

Ex. Ord. No. 12957, Mar. 15, 1995, 60 F.R. 14615, sections 1 and 2 of which were revoked by Ex. Ord. No. 12959, §5, May 6, 1995, 60 F.R. 24758, to the extent inconsistent with Ex. Ord. No. 12959.

Continuations of national emergency declared by Ex. Ord. No. 12957 were contained in the following:

Notice of President of the United States, dated Mar. 12, 2024, 89 F.R. 18527.

Notice of President of the United States, dated Mar. 10, 2023, 88 F.R. 15595.

Notice of President of the United States, dated Mar. 3, 2022, 87 F.R. 12555.

Notice of President of the United States, dated Mar. 5, 2021, 86 F.R. 13621.

Notice of President of the United States, dated Mar. 12, 2020, 85 F.R. 14731.

Notice of President of the United States, dated Mar. 12, 2019, 84 F.R. 9219.

Notice of President of the United States, dated Mar. 12, 2018, 83 F.R. 11393.

Notice of President of the United States, dated Jan. 13, 2017, 82 F.R. 6187.

Notice of President of the United States, dated Mar. 9, 2016, 81 F.R. 12793.

Notice of President of the United States, dated Mar. 11, 2015, 80 F.R. 13471.

Notice of President of the United States, dated Mar. 12, 2014, 79 F.R. 14607.

Notice of President of the United States, dated Mar. 12, 2013, 78 F.R. 16397.

Notice of President of the United States, dated Mar. 13, 2012, 77 F.R. 15229.

Notice of President of the United States, dated Mar. 8, 2011, 76 F.R. 13283.

Notice of President of the United States, dated Mar. 10, 2010, 75 F.R. 12117.

Notice of President of the United States, dated Mar. 11, 2009, 74 F.R. 10999.

Notice of President of the United States, dated Mar. 11, 2008, 73 F.R. 13727.

Notice of President of the United States, dated Mar. 8, 2007, 72 F.R. 10883.

Notice of President of the United States, dated Mar. 13, 2006, 71 F.R. 13241.

Notice of President of the United States, dated Mar. 10, 2005, 70 F.R. 12581.

Notice of President of the United States, dated Mar. 10, 2004, 69 F.R. 12051.

Notice of President of the United States, dated Mar. 12, 2003, 68 F.R. 12563.

Notice of President of the United States, dated Mar. 13, 2002, 67 F.R. 11553.

Notice of President of the United States, dated Mar. 13, 2001, 66 F.R. 15013.

Notice of President of the United States, dated Mar. 13, 2000, 65 F.R. 13863.

Notice of President of the United States, dated Mar. 10, 1999, 64 F.R. 12239.

Notice of President of the United States, dated Mar. 4, 1998, 63 F.R. 11099.

Notice of President of the United States, dated Mar. 5, 1997, 62 F.R. 10409.

Notice of President of the United States, dated Mar. 8, 1996, 61 F.R. 9897.

Ex. Ord. No. 12959, May 6, 1995, 60 F.R. 24757, as amended by Ex. Ord. No. 13059, §7, Aug. 19, 1997, 62 F.R. 44533.

Ex. Ord. No. 13059, Aug. 19, 1997, 62 F.R. 44531.

Ex. Ord. No. 13553, Sept. 28, 2010, 75 F.R. 60567.

Ex. Ord. No. 13574, May 23, 2011, 76 F.R. 30505, revoked by Ex. Ord. No. 13716, §1(a), Jan. 16, 2016, 81 F.R. 3693.

Ex. Ord. No. 13590, Nov. 20, 2011, 76 F.R. 72609, revoked by Ex. Ord. No. 13716, §1(b), Jan. 16, 2016, 81 F.R. 3694.

Ex. Ord. No. 13599, Feb. 5, 2012, 77 F.R. 6659.

Ex. Ord. No. 13606, Apr. 22, 2012, 77 F.R. 24571.

Ex. Ord. No. 13608, May 1, 2012, 77 F.R. 26409.

Ex. Ord. No. 13622, July 30, 2012, 77 F.R. 45897, as amended by Ex. Ord. No. 13628, §15, Oct. 9, 2012, 77 F.R. 62144; Ex. Ord. No. 13645, §16, June 3, 2013, 78 F.R. 33952; revoked by Ex. Ord. No. 13716, §1(c), Jan. 16, 2016, 81 F.R. 3694.

Ex. Ord. No. 13628, Oct. 9, 2012, 77 F.R. 62139, as amended by Ex. Ord. No. 13716, §2, Jan. 16, 2016, 81 F.R. 3694, revoked by Ex. Ord. No. 13846, §9(a), Aug. 6, 2018, 83 F.R. 38945.

Ex. Ord. No. 13645, June 3, 2013, 78 F.R. 33945, revoked by Ex. Ord. No. 13716, §1(d), Jan. 16, 2016, 81 F.R. 3694.

Ex. Ord. No. 13846, Aug. 6, 2018, 83 F.R. 38939.

Ex. Ord. No. 13871, May 8, 2019, 84 F.R. 20761.

Ex. Ord. No. 13876, June 24, 2019, 84 F.R. 30573.

Ex. Ord. No. 13902, Jan. 10, 2020, 85 F.R. 2003.

Ex. Ord. No. 13949, Sept. 21, 2020, 85 F.R. 60043.

Iraq

Ex. Ord. No. 12722, Aug. 2, 1990, 55 F.R. 31803, revoked by Ex. Ord. No. 12724, §6, Aug. 9, 1990, 55 F.R. 33090, to the extent inconsistent with Ex. Ord. No. 12724, and by Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055.

Continuations of national emergency declared by Ex. Ord. No. 12722 were contained in the following:

Notice of President of the United States, dated July 31, 2003, 68 F.R. 45739.

Notice of President of the United States, dated July 30, 2002, 67 F.R. 50341.

Notice of President of the United States, dated July 31, 2001, 66 F.R. 40105.

Notice of President of the United States, dated July 28, 2000, 65 F.R. 47241.

Notice of President of the United States, dated July 20, 1999, 64 F.R. 39897.

Notice of President of the United States, dated July 28, 1998, 63 F.R. 41175.

Notice of President of the United States, dated July 31, 1997, 62 F.R. 41803.

Notice of President of the United States, dated July 22, 1996, 61 F.R. 38561.

Notice of President of the United States, dated July 28, 1995, 60 F.R. 39099.

Notice of President of the United States, dated July 19, 1994, 59 F.R. 37151.

Notice of President of the United States, dated July 20, 1993, 58 F.R. 39111.

Notice of President of the United States, dated July 21, 1992, 57 F.R. 32875.

Notice of President of the United States, dated July 26, 1991, 56 F.R. 35995.

Ex. Ord. No. 12724, Aug. 9, 1990, 55 F.R. 33089, revoked by Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055.

Ex. Ord. No. 12817, Oct. 21, 1992, 57 F.R. 48433, revoked by Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055.

Ex. Ord. No. 13303, May 22, 2003, 68 F.R. 31931, as amended by Ex. Ord. No. 13364, §1, Nov. 29, 2004, 69 F.R. 70177.

Continuations of national emergency declared by Ex. Ord. No. 13303 were contained in the following:

Notice of President of the United States, dated May 20, 2024, 89 F.R. 44899.

Notice of President of the United States, dated May 16, 2023, 88 F.R. 31601.

Notice of President of the United States, dated May 9, 2022, 87 F.R. 29021.

Notice of President of the United States, dated May 6, 2021, 86 F.R. 25797.

Notice of President of the United States, dated May 20, 2020, 85 F.R. 31033.

Notice of President of the United States, dated May 20, 2019, 84 F.R. 23437.

Notice of President of the United States, dated May 18, 2018, 83 F.R. 23573.

Notice of President of the United States, dated May 16, 2017, 82 F.R. 22877.

Notice of President of the United States, dated May 18, 2016, 81 F.R. 32219.

Notice of President of the United States, dated May 19, 2015, 80 F.R. 29527.

Notice of President of the United States, dated May 19, 2014, 79 F.R. 29069.

Notice of President of the United States, dated May 17, 2013, 78 F.R. 30195.

Notice of President of the United States, dated May 18, 2012, 77 F.R. 30183.

Notice of President of the United States, dated May 17, 2011, 76 F.R. 29141.

Notice of President of the United States, dated May 12, 2010, 75 F.R. 27399.

Notice of President of the United States, dated May 19, 2009, 74 F.R. 23935.

Notice of President of the United States, dated May 20, 2008, 73 F.R. 29683.

Notice of President of the United States, dated May 18, 2007, 72 F.R. 28581.

Notice of President of the United States, dated May 18, 2006, 71 F.R. 29237.

Notice of President of the United States, dated May 19, 2005, 70 F.R. 29435.

Notice of President of the United States, dated May 20, 2004, 69 F.R. 29409.

Ex. Ord. No. 13315, Aug. 28, 2003, 68 F.R. 52315, as amended by Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055.

Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055.

Ex. Ord. No. 13364, Nov. 29, 2004, 69 F.R. 70177.

Ex. Ord. No. 13438, July 17, 2007, 72 F.R. 39719.

Ex. Ord. No. 13668, May 27, 2014, 79 F.R. 31019.

Kuwait

Ex. Ord. No. 12723, Aug. 2, 1990, 55 F.R. 31805, revoked by Ex. Ord. No. 12771, July 25, 1991, 56 F.R. 35993.

Ex. Ord. No. 12725, Aug. 9, 1990, 55 F.R. 33091, revoked by Ex. Ord. No. 12771, July 25, 1991, 56 F.R. 35993.

Ex. Ord. No. 12771, July 25, 1991, 56 F.R. 35993.

Lebanon

Ex. Ord. No. 13441, Aug. 1, 2007, 72 F.R. 43499.

Continuations of national emergency declared by Ex. Ord. No. 13441 were contained in the following:

Notice of President of the United States, dated July 29, 2024, 89 F.R. 62651.

Notice of President of the United States, dated July 21, 2023, 88 F.R. 48025.

Notice of President of the United States, dated July 28, 2022, 87 F.R. 46881.

Notice of President of the United States, dated July 20, 2021, 86 F.R. 38901.

Notice of President of the United States, dated July 29, 2020, 85 F.R. 45965.

Notice of President of the United States, dated July 30, 2019, 84 F.R. 37561.

Notice of President of the United States, dated July 27, 2018, 83 F.R. 37415.

Notice of President of the United States, dated July 28, 2017, 82 F.R. 35621.

Notice of President of the United States, dated July 27, 2016, 81 F.R. 50281.

Notice of President of the United States, dated July 29, 2015, 80 F.R. 45839.

Notice of President of the United States, dated July 29, 2014, 79 F.R. 44259.

Notice of President of the United States, dated July 29, 2013, 78 F.R. 46489.

Notice of President of the United States, dated July 24, 2012, 77 F.R. 43707.

Notice of President of the United States, dated July 28, 2011, 76 F.R. 45653.

Notice of President of the United States, dated July 29, 2010, 75 F.R. 45045.

Notice of President of the United States, dated July 30, 2009, 74 F.R. 38321.

Notice of President of the United States, dated July 30, 2008, 73 F.R. 44895.

Liberia

Ex. Ord. No. 13213, May 22, 2001, 66 F.R. 28829, as amended by Ex. Ord. No. 13312, §3(d), July 29, 2003, 68 F.R. 45152, revoked by Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.

Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.

Ex. Ord. No. 13348, July 22, 2004, 69 F.R. 44885, revoked by Ex. Ord. No. 13710, Nov. 12, 2015, 80 F.R. 71679.

Continuations of national emergency declared by Ex. Ord. No. 13348 were contained in the following:

Notice of President of the United States, dated July 17, 2015, 80 F.R. 43297.

Notice of President of the United States, dated July 15, 2014, 79 F.R. 41875.

Notice of President of the United States, dated July 17, 2013, 78 F.R. 43751.

Notice of President of the United States, dated July 17, 2012, 77 F.R. 42415, 45469.

Notice of President of the United States, dated July 20, 2011, 76 F.R. 43801.

Notice of President of the United States, dated July 19, 2010, 75 F.R. 42281.

Notice of President of the United States, dated July 16, 2009, 74 F.R. 35763.

Notice of President of the United States, dated July 16, 2008, 73 F.R. 42255.

Notice of President of the United States, dated July 19, 2007, 72 F.R. 40059.

Notice of President of the United States, dated July 18, 2006, 71 F.R. 41093.

Notice of President of the United States, dated July 19, 2005, 70 F.R. 41935.

Ex. Ord. No. 13710, Nov. 12, 2015, 80 F.R. 71679.

Libya

Ex. Ord. No. 12543, Jan. 7, 1986, 51 F.R. 875, revoked by Ex. Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665.

Continuations of national emergency declared by Ex. Ord. No. 12543 were contained in the following:

Notice of President of the United States, dated Jan. 5, 2004, 69 F.R. 847.

Notice of President of the United States, dated Jan. 2, 2003, 68 F.R. 661.

Notice of President of the United States, dated Jan. 3, 2002, 67 F.R. 637.

Notice of President of the United States, dated Jan. 4, 2001, 66 F.R. 1251.

Notice of President of the United States, dated Dec. 29, 1999, 65 F.R. 1999.

Notice of President of the United States, dated Dec. 30, 1998, 64 F.R. 383.

Notice of President of the United States, dated Jan. 2, 1998, 63 F.R. 653.

Notice of President of the United States, dated Jan. 2, 1997, 62 F.R. 587.

Notice of President of the United States, dated Jan. 3, 1996, 61 F.R. 383.

Notice of President of the United States, dated Dec. 22, 1994, 59 F.R. 67119.

Notice of President of the United States, dated Dec. 2, 1993, 58 F.R. 64361.

Notice of President of the United States, dated Dec. 14, 1992, 57 F.R. 59895.

Notice of President of the United States, dated Dec. 26, 1991, 56 F.R. 67465.

Notice of President of the United States, dated Jan. 2, 1991, 56 F.R. 477.

Notice of President of the United States, dated Jan. 4, 1990, 55 F.R. 589.

Notice of President of the United States, dated Dec. 28, 1988, 53 F.R. 52971.

Notice of President of the United States, dated Dec. 15, 1987, 52 F.R. 47891.

Notice of President of the United States, dated Dec. 23, 1986, 51 F.R. 46849.

Ex. Ord. No. 12544, Jan. 8, 1986, 51 F.R. 1235, revoked by Ex. Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665.

Ex. Ord. No. 12801, Apr. 15, 1992, 57 F.R. 14319, revoked by Ex. Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665.

Ex. Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665.

Ex. Ord. No. 13566, Feb. 25, 2011, 76 F.R. 11315.

Continuations of national emergency declared by Ex. Ord. No. 13566 were contained in the following:

Notice of President of the United States, dated Feb. 21, 2024, 89 F.R. 13969.

Notice of President of the United States, dated Feb. 17, 2023, 88 F.R. 10823.

Notice of President of the United States, dated Feb. 22, 2022, 87 F.R. 10681.

Notice of President of the United States, dated Feb. 11, 2021, 86 F.R. 9835.

Notice of President of the United States, dated Feb. 20, 2020, 85 F.R. 10553.

Notice of President of the United States, dated Feb. 19, 2019, 84 F.R. 5581.

Notice of President of the United States, dated Feb. 9, 2018, 83 F.R. 6105.

Notice of President of the United States, dated Jan. 13, 2017, 82 F.R. 6189.

Notice of President of the United States, dated Feb. 22, 2016, 81 F.R. 9329.

Notice of President of the United States, dated Feb. 23, 2015, 80 F.R. 9983.

Notice of President of the United States, dated Feb. 20, 2014, 79 F.R. 10329.

Notice of President of the United States, dated Feb. 13, 2013, 78 F.R. 11549.

Notice of President of the United States, dated Feb. 23, 2012, 77 F.R. 11381.

Ex. Ord. No. 13726, Apr. 19, 2016, 81 F.R. 23559.

Mali

Ex. Ord. No. 13882, July 26, 2019, 84 F.R. 37055.

Continuations of national emergency declared by Ex. Ord. No. 13882 were contained in the following:

Notice of President of the United States, dated July 16, 2024, 89 F.R. 58615.

Notice of President of the United States, dated July 21, 2023, 88 F.R. 48027.

Notice of President of the United States, dated July 22, 2022, 87 F.R. 44263.

Notice of President of the United States, dated July 20, 2021, 86 F.R. 38903.

Notice of President of the United States, dated July 23, 2020, 85 F.R. 45055.

National Security Technologies and Products in Countries of Concern

Ex. Ord. No. 14105, Aug. 9, 2023, 88 F.R. 54867.

Nicaragua

Ex. Ord. No. 12513, May 1, 1985, 50 F.R. 18629, revoked by Ex. Ord. No. 12707, Mar. 13, 1990, 55 F.R. 9707.

Continuations of national emergency declared by Ex. Ord. No. 12513 were contained in the following:

Notice of President of the United States, dated Apr. 21, 1989, 54 F.R. 17701.

Notice of President of the United States, dated Apr. 25, 1988, 53 F.R. 15011.

Notice of President of the United States, dated Apr. 21, 1987, 52 F.R. 13425.

Notice of President of the United States, dated Apr. 22, 1986, 51 F.R. 15461.

Ex. Ord. No. 12707, Mar. 13, 1990, 55 F.R. 9707.

Ex. Ord. No. 13851, Nov. 27, 2018, 83 F.R. 61505, as amended by Ex. Ord. No. 14088, Oct. 24, 2022, 87 F.R. 64685.

Continuations of national emergency declared by Ex. Ord. No. 13851 were contained in the following:

Notice of President of the United States, dated Nov. 16, 2023, 88 F.R. 80549.

Notice of President of the United States, dated Nov. 10, 2022, 87 F.R. 68589.

Notice of President of the United States, dated Nov. 16, 2021, 86 F.R. 64793.

Notice of President of the United States, dated Nov. 24, 2020, 85 F.R. 75831.

Notice of President of the United States, dated Nov. 25, 2019, 84 F.R. 65255.

North Korea

Ex. Ord. No. 13466, June 26, 2008, 73 F.R. 36787.

Continuations of national emergency declared by Ex. Ord. No. 13466 were contained in the following:

Notice of President of the United States, dated June 13, 2024, 89 F.R. 51199.

Notice of President of the United States, dated June 20, 2023, 88 F.R. 40681.

Notice of President of the United States, dated June 13, 2022, 87 F.R. 36049.

Notice of President of the United States, dated June 21, 2021, 86 F.R. 33075.

Notice of President of the United States, dated June 17, 2020, 85 F.R. 37329.

Notice of President of the United States, dated June 21, 2019, 84 F.R. 29793.

Notice of President of the United States, dated June 22, 2018, 83 F.R. 29661.

Notice of President of the United States, dated June 21, 2017, 82 F.R. 28743.

Notice of President of the United States, dated June 21, 2016, 81 F.R. 40775.

Notice of President of the United States, dated June 22, 2015, 80 F.R. 36461.

Notice of President of the United States, dated June 20, 2014, 79 F.R. 35909.

Notice of President of the United States, dated June 21, 2013, 78 F.R. 38193.

Notice of President of the United States, dated June 18, 2012, 77 F.R. 37263.

Notice of President of the United States, dated June 23, 2011, 76 F.R. 37237.

Notice of President of the United States, dated June 14, 2010, 75 F.R. 34317.

Notice of President of the United States, dated June 24, 2009, 74 F.R. 30457.

Ex. Ord. No. 13551, Aug. 30, 2010, 75 F.R. 53837.

Ex. Ord. No. 13570, Apr. 18, 2011, 76 F.R. 22291.

Ex. Ord. No. 13687, Jan. 2, 2015, 80 F.R. 819.

Ex. Ord. No. 13722, Mar. 15, 2016, 81 F.R. 14943.

Ex. Ord. No. 13810, Sept. 20, 2017, 82 F.R. 44705.

Panama

Ex. Ord. No. 12635, Apr. 8, 1988, 53 F.R. 12134, revoked by Ex. Ord. No. 12710, Apr. 5, 1990, 55 F.R. 13099.

Continuation of national emergency declared by Ex. Ord. No. 12635 was contained in the following:

Notice of President of the United States, dated Apr. 6, 1989, 54 F.R. 14197.

Ex. Ord. No. 12710, Apr. 5, 1990, 55 F.R. 13099.

Persons Engaging in Significant Malicious Cyber-Enabled Activities

Ex. Ord. No. 13694, Apr. 1, 2015, 80 F.R. 18077, as amended by Ex. Ord. No. 13757, §§1–3, Dec. 28, 2016, 82 F.R. 1, 2; Ex. Ord. No. 13984, §6, Jan. 19, 2021, 86 F.R. 6841.

Continuations of national emergency declared by Ex. Ord. No. 13694 were contained in the following:

Notice of President of the United States, dated Mar. 26, 2024, 89 F.R. 21427.

Notice of President of the United States, dated Mar. 30, 2022, 87 F.R. 18963.

Notice of President of the United States, dated Mar. 29, 2021, 86 F.R. 16663.

Notice of President of the United States, dated Mar. 30, 2020, 85 F.R. 18103.

Notice of President of the United States, dated Mar. 26, 2019, 84 F.R. 11877.

Notice of President of the United States, dated Mar. 27, 2018, 83 F.R. 13371.

Notice of President of the United States, dated Mar. 29, 2017, 82 F.R. 16099.

Notice of President of the United States, dated Mar. 29, 2016, 81 F.R. 18737.

Persons Involved in Serious Human Rights Abuse or Corruption

Ex. Ord. No. 13818, Dec. 20, 2017, 82 F.R. 60839.

Continuations of national emergency declared by Ex. Ord. No. 13818 were contained in the following:

Notice of President of the United States, dated Dec. 18, 2023, 88 F.R. 87891.

Notice of President of the United States, dated Dec. 12, 2022, 87 F.R. 76547.

Notice of President of the United States, dated Dec. 16, 2021, 86 F.R. 71791.

Notice of President of the United States, dated Dec. 16, 2020, 85 F.R. 82869.

Notice of President of the United States, dated Dec. 18, 2019, 84 F.R. 69981.

Notice of President of the United States, dated Dec. 18, 2018, 83 F.R. 65277.

Persons Involved in the Global Illicit Drug Trade

Ex. Ord. No. 14059, Dec. 15, 2021, 86 F.R. 71549.

Continuations of national emergency declared by Ex. Ord. No. 14059 were contained in the following:

Notice of President of the United States, dated Dec. 13, 2023, 88 F.R. 86809.

Notice of President of the United States, dated Dec. 12, 2022, 87 F.R. 76549.

Russia

Ex. Ord. No. 13159, June 21, 2000, 65 F.R. 39279.

Continuations of national emergency declared by Ex. Ord. No. 13159 were contained in the following:

Notice of President of the United States, dated June 18, 2012, 77 F.R. 37261.

Notice of President of the United States, dated June 17, 2011, 76 F.R. 35955.

Notice of President of the United States, dated June 17, 2010, 75 F.R. 34921.

Notice of President of the United States, dated June 18, 2009, 74 F.R. 29391.

Notice of President of the United States, dated June 18, 2008, 73 F.R. 35335.

Notice of President of the United States, dated June 19, 2007, 72 F.R. 34159.

Notice of President of the United States, dated June 19, 2006, 71 F.R. 35489.

Notice of President of the United States, dated June 17, 2005, 70 F.R. 35507.

Notice of President of the United States, dated June 16, 2004, 69 F.R. 34047.

Notice of President of the United States, dated June 10, 2003, 68 F.R. 35149.

Notice of President of the United States, dated June 18, 2002, 67 F.R. 42181.

Notice of President of the United States, dated June 11, 2001, 66 F.R. 32207.

Ex. Ord. No. 13617, June 25, 2012, 77 F.R. 38459, revoked by Ex. Ord. No. 13695, May 26, 2015, 80 F.R. 30331.

Continuations of national emergency declared by Ex. Ord. No. 13617 were contained in the following:

Notice of President of the United States, dated June 19, 2014, 79 F.R. 35679.

Notice of President of the United States, dated June 20, 2013, 78 F.R. 37925.

Ex. Ord. No. 13695, May 26, 2015, 80 F.R. 30331.

Ex. Ord. No. 14024, Apr. 15, 2021, 86 F.R. 20249, as amended by Ex. Ord. No. 14114, §§1, 2, Dec. 22, 2023, 88 F.R. 89271, 89272.

Continuations of national emergency declared by Ex. Ord. No. 14024 were contained in the following:

Notice of President of the United States, dated Apr. 9, 2024, 89 F.R. 25495.

Notice of President of the United States, dated Apr. 7, 2023, 88 F.R. 21457.

Notice of President of the United States, dated Apr. 13, 2022, 87 F.R. 22431.

Ex. Ord. No. 14066, Mar. 8, 2022, 87 F.R. 13625.

Ex. Ord. No. 14068, Mar. 11, 2022, 87 F.R. 14381, as amended by Ex. Ord. No. 14114, §3, Dec. 22, 2023, 88 F.R. 89272.

Ex. Ord. No. 14071, Apr. 6, 2022, 87 F.R. 20999.

Sierra Leone

Ex. Ord. No. 13194, Jan. 18, 2001, 66 F.R. 7389, as amended by Ex. Ord. No. 13312, §3(a)–(c), July 29, 2003, 68 F.R. 45152, revoked by Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.

Continuations of national emergency declared by Ex. Ord. No. 13194 were contained in the following:

Notice of President of the United States, dated Jan. 16, 2003, 68 F.R. 2677.

Notice of President of the United States, dated Jan. 15, 2002, 67 F.R. 2547.

Ex. Ord. No. 13213, May 22, 2001, 66 F.R. 28829, as amended by Ex. Ord. No. 13312, §3(d), July 29, 2003, 68 F.R. 45152, revoked by Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.

Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.

Somalia

Ex. Ord. No. 13536, Apr. 12, 2010, 75 F.R. 19869, as amended by Ex. Ord. No. 13620, §1, July 20, 2012, 77 F.R. 43483.

Continuations of national emergency declared by Ex. Ord. No. 13536 were contained in the following:

Notice of President of the United States, dated Apr. 9, 2024, 89 F.R. 25493.

Notice of President of the United States, dated Apr. 7, 2023, 88 F.R. 21455.

Notice of President of the United States, dated Mar. 30, 2022, 87 F.R. 19343.

Notice of President of the United States, dated Apr. 1, 2021, 86 F.R. 17673.

Notice of President of the United States, dated Apr. 3, 2020, 85 F.R. 19373.

Notice of President of the United States, dated Apr. 10, 2019, 84 F.R. 14843.

Notice of President of the United States, dated Apr. 4, 2018, 83 F.R. 14731.

Notice of President of the United States, dated Apr. 6, 2017, 82 F.R. 17095.

Notice of President of the United States, dated Apr. 4, 2016, 81 F.R. 20217.

Notice of President of the United States, dated Apr. 8, 2015, 80 F.R. 19193.

Notice of President of the United States, dated Apr. 7, 2014, 79 F.R. 19803.

Notice of President of the United States, dated Apr. 4, 2013, 78 F.R. 21013.

Notice of President of the United States, dated Apr. 7, 2011, 76 F.R. 19897.

Ex. Ord. No. 13620, July 20, 2012, 77 F.R. 43483.

South Africa

Ex. Ord. No. 12532, Sept. 9, 1985, 50 F.R. 36861, revoked by Ex. Ord. No. 12769, §4, July 10, 1991, 56 F.R. 31855.

Continuation of national emergency declared by Ex. Ord. No. 12532 was contained in the following:

Notice of President of the United States, dated Sept. 4, 1986, 51 F.R. 31925.

Ex. Ord. No. 12535, Oct. 1, 1985, 50 F.R. 40325, revoked by Ex. Ord. No. 12769, §4, July 10, 1991, 56 F.R. 31855.

South Sudan

Ex. Ord. No. 13664, Apr. 3, 2014, 79 F.R. 19283.

Continuations of national emergency declared by Ex. Ord. No. 13664 were contained in the following:

Notice of President of the United States, dated Mar. 26, 2024, 89 F.R. 21429.

Notice of President of the United States, dated Mar. 30, 2022, 87 F.R. 18965.

Notice of President of the United States, dated Mar. 29, 2021, 86 F.R. 16665.

Notice of President of the United States, dated Apr. 1, 2020, 85 F.R. 18855.

Notice of President of the United States, dated Apr. 1, 2019, 84 F.R. 12871.

Notice of President of the United States, dated Mar. 27, 2018, 83 F.R. 13373.

Notice of President of the United States, dated Mar. 22, 2017, 82 F.R. 15107.

Notice of President of the United States, dated Mar. 30, 2016, 81 F.R. 19019.

Notice of President of the United States, dated Mar. 31, 2015, 80 F.R. 18081.

Sudan

Ex. Ord. No. 13067, Nov. 3, 1997, 62 F.R. 59989, as amended by Ex. Ord. No. 13761, §1, Jan. 13, 2017, 82 F.R. 5331.

Continuations of national emergency declared by Ex. Ord. No. 13067 were contained in the following:

Notice of President of the United States, dated Oct. 31, 2023, 88 F.R. 75227.

Notice of President of the United States, dated Nov. 1, 2022, 87 F.R. 66225.

Notice of President of the United States, dated Oct. 28, 2021, 86 F.R. 60355.

Notice of President of the United States, dated Oct. 30, 2020, 85 F.R. 69463.

Notice of President of the United States, dated Oct. 31, 2019, 84 F.R. 59287.

Notice of President of the United States, dated Oct. 31, 2018, 83 F.R. 55239.

Notice of President of the United States, dated Oct. 31, 2017, 82 F.R. 50799.

Notice of President of the United States, dated Oct. 31, 2016, 81 F.R. 76491.

Notice of President of the United States, dated Oct. 28, 2015, 80 F.R. 67259.

Notice of President of the United States, dated Oct. 24, 2014, 79 F.R. 64295.

Notice of President of the United States, dated Oct. 30, 2013, 78 F.R. 65867.

Notice of President of the United States, dated Nov. 1, 2012, 77 F.R. 66359.

Notice of President of the United States, dated Nov. 1, 2011, 76 F.R. 68055.

Notice of President of the United States, dated Nov. 1, 2010, 75 F.R. 67587.

Notice of President of the United States, dated Oct. 27, 2009, 74 F.R. 55745.

Notice of President of the United States, dated Oct. 30, 2008, 73 F.R. 65239.

Notice of President of the United States, dated Nov. 1, 2007, 72 F.R. 62407.

Notice of President of the United States, dated Nov. 1, 2006, 71 F.R. 64629.

Notice of President of the United States, dated Nov. 1, 2005, 70 F.R. 66745.

Notice of President of the United States, dated Nov. 1, 2004, 69 F.R. 63915.

Notice of President of the United States, dated Oct. 29, 2003, 68 F.R. 62211.

Notice of President of the United States, dated Oct. 29, 2002, 67 F.R. 66525.

Notice of President of the United States, dated Oct. 31, 2001, 66 F.R. 55869.

Notice of President of the United States, dated Oct. 31, 2000, 65 F.R. 66163.

Notice of President of the United States, dated Oct. 29, 1999, 64 F.R. 59105.

Notice of President of the United States, dated Oct. 27, 1998, 63 F.R. 58617.

Ex. Ord. No. 13400, Apr. 26, 2006, 71 F.R. 25483.

Ex. Ord. No. 13412, Oct. 13, 2006, 71 F.R. 61369, revoked by Ex. Ord. No. 13761, §1, Jan. 13, 2017, 82 F.R. 5331.

Ex. Ord. No. 14098, May 4, 2023, 88 F.R. 29529.

Syria

Ex. Ord. No. 13338, May 11, 2004, 69 F.R. 26751, as amended by Ex. Ord. No. 13460, §2, Feb. 13, 2008, 73 F.R. 8991.

Continuations of national emergency declared by Ex. Ord. No. 13338 were contained in the following:

Notice of President of the United States, dated May 8, 2024, 89 F.R. 40355.

Notice of President of the United States, dated May 8, 2023, 88 F.R. 30211.

Notice of President of the United States, dated May 9, 2022, 87 F.R. 28749.

Notice of President of the United States, dated May 6, 2021, 86 F.R. 25793.

Notice of President of the United States, dated May 7, 2020, 85 F.R. 27639.

Notice of President of the United States, dated May 8, 2019, 84 F.R. 20537.

Notice of President of the United States, dated May 9, 2018, 83 F.R. 21839.

Notice of President of the United States, dated May 9, 2017, 82 F.R. 21909.

Notice of President of the United States, dated May 3, 2016, 81 F.R. 27293.

Notice of President of the United States, dated May 6, 2015, 80 F.R. 26815.

Notice of President of the United States, dated May 7, 2014, 79 F.R. 26589.

Notice of President of the United States, dated May 7, 2013, 78 F.R. 27301.

Notice of President of the United States, dated May 9, 2012, 77 F.R. 27559.

Notice of President of the United States, dated Apr. 29, 2011, 76 F.R. 24791.

Notice of President of the United States, dated May 3, 2010, 75 F.R. 24779.

Notice of President of the United States, dated May 7, 2009, 74 F.R. 21765.

Notice of President of the United States, dated May 7, 2008, 73 F.R. 26939.

Notice of President of the United States, dated May 8, 2007, 72 F.R. 26707.

Notice of President of the United States, dated May 8, 2006, 71 F.R. 27381.

Notice of President of the United States, dated May 5, 2005, 70 F.R. 24697.

Ex. Ord. No. 13399, Apr. 25, 2006, 71 F.R. 25059.

Ex. Ord. No. 13460, Feb. 13, 2008, 73 F.R. 8991.

Ex. Ord. No. 13572, Apr. 29, 2011, 76 F.R. 24787.

Ex. Ord. No. 13573, May 18, 2011, 76 F.R. 29143.

Ex. Ord. No. 13582, Aug. 17, 2011, 76 F.R. 52209.

Ex. Ord. No. 13606, Apr. 22, 2012, 77 F.R. 24571.

Ex. Ord. No. 13608, May 1, 2012, 77 F.R. 26409.

Ex. Ord. No. 13894, Oct. 13, 2019, 84 F.R. 55851.

Continuations of national emergency declared by Ex. Ord. No. 13894 were contained in the following:

Notice of President of the United States, dated Oct. 12, 2023, 88 F.R. 71271.

Notice of President of the United States, dated Oct. 12, 2022, 87 F.R. 62281.

Notice of President of the United States, dated Oct. 6, 2021, 86 F.R. 56829.

Notice of President of the United States, dated Oct. 8, 2020, 85 F.R. 64941.

Transnational Criminal Organizations

Ex. Ord. No. 13581, July 24, 2011, 76 F.R. 44757, as amended by Ex. Ord. No. 13863, Mar. 15, 2019, 84 F.R. 10255.

Continuations of national emergency declared by Ex. Ord. No. 13581 were contained in the following:

Notice of President of the United States, dated July 16, 2024, 89 F.R. 58617.

Notice of President of the United States, dated July 19, 2023, 88 F.R. 46951.

Notice of President of the United States, dated July 21, 2022, 87 F.R. 43983.

Notice of President of the United States, dated July 7, 2021, 86 F.R. 36481.

Notice of President of the United States, dated July 22, 2020, 85 F.R. 44683.

Notice of President of the United States, dated July 22, 2019, 84 F.R. 35513.

Notice of President of the United States, dated July 20, 2018, 83 F.R. 34931.

Notice of President of the United States, dated July 20, 2017, 82 F.R. 34249.

Notice of President of the United States, dated July 19, 2017, 82 F.R. 33773, withdrawn by Notice of President of the United States, dated July 20, 2017, 82 F.R. 34249.

Notice of President of the United States, dated July 20, 2016, 81 F.R. 48313.

Notice of President of the United States, dated July 21, 2015, 80 F.R. 43907.

Notice of President of the United States, dated July 18, 2014, 79 F.R. 42645.

Notice of President of the United States, dated July 19, 2013, 78 F.R. 44417.

Notice of President of the United States, dated July 18, 2012, 77 F.R. 42619.

Ukraine

Ex. Ord. No. 13660, Mar. 6, 2014, 79 F.R. 13493.

Continuations of national emergency declared by Ex. Ord. No. 13660 were contained in the following:

Notice of President of the United States, dated Mar. 4, 2024, 89 F.R. 15947.

Notice of President of the United States, dated Mar. 1, 2023, 88 F.R. 13285.

Notice of President of the United States, dated Mar. 2, 2022, 87 F.R. 12387.

Notice of President of the United States, dated Mar. 2, 2021, 86 F.R. 12793.

Notice of President of the United States, dated Feb. 25, 2020, 85 F.R. 11827.

Notice of President of the United States, dated Mar. 4, 2019, 84 F.R. 7975.

Notice of President of the United States, dated Mar. 2, 2018, 83 F.R. 9413.

Notice of President of the United States, dated Jan. 13, 2017, 82 F.R. 6191.

Notice of President of the United States, dated Mar. 2, 2016, 81 F.R. 11655.

Notice of President of the United States, dated Mar. 3, 2015, 80 F.R. 12067.

Ex. Ord. No. 13661, Mar. 16, 2014, 79 F.R. 15535.

Ex. Ord. No. 13662, Mar. 20, 2014, 79 F.R. 16169.

Ex. Ord. No. 13685, Dec. 19, 2014, 79 F.R. 77357.

Ex. Ord. No. 14065, Feb. 21, 2022, 87 F.R. 10293.

Venezuela

Ex. Ord. No. 13692, Mar. 8, 2015, 80 F.R. 12747, as amended by Ex. Ord. No. 13857, Jan. 25, 2019, 84 F.R. 509.

Continuations of national emergency declared by Ex. Ord. No. 13692 were contained in the following:

Notice of President of the United States, dated Mar. 5, 2024, 89 F.R. 16443.

Notice of President of the United States, dated Mar. 1, 2023, 88 F.R. 13287.

Notice of President of the United States, dated Mar. 3, 2022, 87 F.R. 12557.

Notice of President of the United States, dated Mar. 2, 2021, 86 F.R. 12795.

Notice of President of the United States, dated Mar. 5, 2020, 85 F.R. 13473.

Notice of President of the United States, dated Mar. 5, 2019, 84 F.R. 8245.

Notice of President of the United States, dated Mar. 2, 2018, 83 F.R. 9415.

Notice of President of the United States, dated Jan. 13, 2017, 82 F.R. 6193.

Notice of President of the United States, dated Mar. 3, 2016, 81 F.R. 11999.

Ex. Ord. No. 13808, Aug. 24, 2017, 82 F.R. 41155, as amended by Ex. Ord. No. 13857, Jan. 25, 2019, 84 F.R. 509.

Ex. Ord. No. 13827, Mar. 19, 2018, 83 F.R. 12469, as amended by Ex. Ord. No. 13857, Jan. 25, 2019, 84 F.R. 509.

Ex. Ord. No. 13835, May 21, 2018, 83 F.R. 24001, as amended by Ex. Ord. No. 13857, Jan. 25, 2019, 84 F.R. 509.

Ex. Ord. No. 13850, Nov. 1, 2018, 83 F.R. 55243, as amended by Ex. Ord. No. 13857, Jan. 25, 2019, 84 F.R. 509.

Ex. Ord. No. 13884, Aug. 5, 2019, 84 F.R. 38843.

West Bank

Ex. Ord. No. 14115, Feb. 1, 2024, 89 F.R. 7605.

Western Balkans

Ex. Ord. No. 12808, May 30, 1992, 57 F.R. 23299, revoked by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.

Continuations of national emergency declared by Ex. Ord. No. 12808 were contained in the following:

Notice of President of the United States, dated May 27, 2002, 67 F.R. 37661.

Notice of President of the United States, dated May 24, 2001, 66 F.R. 29007.

Notice of President of the United States, dated May 25, 2000, 65 F.R. 34379.

Notice of President of the United States, dated May 27, 1999, 64 F.R. 29205.

Notice of President of the United States, dated May 28, 1998, 63 F.R. 29527.

Notice of President of the United States, dated May 28, 1997, 62 F.R. 29283.

Notice of President of the United States, dated May 24, 1996, 61 F.R. 26773.

Determination of President, No. 96–7, Dec. 27, 1995, 61 F.R. 2887.

Notice of President of the United States, dated May 10, 1995, 60 F.R. 25599.

Notice of President of the United States, dated May 25, 1994, 59 F.R. 27429.

Notice of President of the United States, dated May 25, 1993, 58 F.R. 30693.

Ex. Ord. No. 12810, June 5, 1992, 57 F.R. 24347, as amended by Ex. Ord. No. 12831, §4, Jan. 15, 1993, 58 F.R. 5253, revoked by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.

Ex. Ord. No. 12831, Jan. 15, 1993, 58 F.R. 5253, revoked by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.

Ex. Ord. No. 12846, Apr. 25, 1993, 58 F.R. 25771, revoked by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.

Ex. Ord. No. 12934, Oct. 25, 1994, 59 F.R. 54117, revoked by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.

Ex. Ord. No. 13088, June 9, 1998, 63 F.R. 32109, as amended by Ex. Ord. No. 13121, Apr. 30, 1999, 64 F.R. 24021, eff. May 1, 1999; Ex. Ord. No. 13192, Jan. 17, 2001, 66 F.R. 7379, eff. Jan. 19, 2001, revoked by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.

Continuations of national emergency declared by Ex. Ord. No. 13088 were contained in the following:

Notice of President of the United States, dated May 27, 2002, 67 F.R. 37661.

Notice of President of the United States, dated May 24, 2001, 66 F.R. 29007.

Notice of President of the United States, dated May 25, 2000, 65 F.R. 34379.

Notice of President of the United States, dated May 27, 1999, 64 F.R. 29205.

Ex. Ord. No. 13219, June 26, 2001, 66 F.R. 34777, as amended by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.

Continuations of national emergency declared by Ex. Ord. No. 13219 were contained in the following:

Notice of President of the United States, dated June 13, 2024, 89 F.R. 51201.

Notice of President of the United States, dated June 20, 2023, 88 F.R. 40683.

Notice of President of the United States, dated June 13, 2022, 87 F.R. 36051.

Notice of President of the United States, dated June 8, 2021, 86 F.R. 31083.

Notice of President of the United States, dated June 24, 2020, 85 F.R. 38271.

Notice of President of the United States, dated June 18, 2019, 84 F.R. 28715.

Notice of President of the United States, dated June 22, 2018, 83 F.R. 29663.

Notice of President of the United States, dated June 21, 2017, 82 F.R. 28745.

Notice of President of the United States, dated June 21, 2016, 81 F.R. 40777.

Notice of President of the United States, dated June 22, 2015, 80 F.R. 36463.

Notice of President of the United States, dated June 23, 2014, 79 F.R. 36181.

Notice of President of the United States, dated June 17, 2013, 78 F.R. 37099.

Notice of President of the United States, dated June 22, 2012, 77 F.R. 37995.

Notice of President of the United States, dated June 23, 2011, 76 F.R. 37239.

Notice of President of the United States, dated June 8, 2010, 75 F.R. 32843.

Notice of President of the United States, dated June 22, 2009, 74 F.R. 30209.

Notice of President of the United States, dated June 24, 2008, 73 F.R. 36255.

Notice of President of the United States, dated June 22, 2007, 72 F.R. 34981.

Notice of President of the United States, dated June 22, 2006, 71 F.R. 36183.

Notice of President of the United States, dated June 23, 2005, 70 F.R. 36803.

Notice of President of the United States, dated June 24, 2004, 69 F.R. 36005.

Notice of President of the United States, dated June 20, 2003, 68 F.R. 37389.

Notice of President of the United States, dated June 21, 2002, 67 F.R. 42703.

Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.

Ex. Ord. No. 14033, June 8, 2021, 86 F.R. 31079.

Yemen

Ex. Ord. No. 13611, May 16, 2012, 77 F.R. 29533.

Continuations of national emergency declared by Ex. Ord. No. 13611 were contained in the following:

Notice of President of the United States, dated May 14, 2024, 89 F.R. 42765.

Notice of President of the United States, dated May 11, 2023, 88 F.R. 31141.

Notice of President of the United States, dated May 9, 2022, 87 F.R. 29023.

Notice of President of the United States, dated May 11, 2021, 86 F.R. 26341.

Notice of President of the United States, dated May 7, 2020, 85 F.R. 27643.

Notice of President of the United States, dated May 13, 2019, 84 F.R. 22047.

Notice of President of the United States, dated May 14, 2018, 83 F.R. 22585.

Notice of President of the United States, dated May 8, 2017, 82 F.R. 21905.

Notice of President of the United States, dated May 12, 2016, 81 F.R. 30155.

Notice of President of the United States, dated May 13, 2015, 80 F.R. 27851.

Notice of President of the United States, dated May 12, 2014, 79 F.R. 27477.

Notice of President of the United States, dated May 13, 2013, 78 F.R. 28465.

Zimbabwe

Ex. Ord. No. 13288, Mar. 6, 2003, 68 F.R. 11457, as amended by Ex. Ord. No. 13391, Nov. 22, 2005, 70 F.R. 71201, revoked by Ex. Ord. No. 14118, Mar. 4, 2024, 89 F.R. 15945.

Continuations of national emergency declared by Ex. Ord. No. 13288 were contained in the following:

Notice of President of the United States, dated Mar. 1, 2023, 88 F.R. 13289.

Notice of President of the United States, dated Mar. 3, 2022, 87 F.R. 12553.

Notice of President of the United States, dated Mar. 2, 2021, 86 F.R. 12797.

Notice of President of the United States, dated Mar. 4, 2020, 85 F.R. 12981.

Notice of President of the United States, dated Mar. 4, 2019, 84 F.R. 7977.

Notice of President of the United States, dated Mar. 2, 2018, 83 F.R. 9417.

Notice of President of the United States, dated Jan. 13, 2017, 82 F.R. 6195.

Notice of President of the United States, dated Mar. 2, 2016, 81 F.R. 11657.

Notice of President of the United States, dated Mar. 3, 2015, 80 F.R. 12069.

Notice of President of the United States, dated Feb. 28, 2014, 79 F.R. 12031.

Notice of President of the United States, dated Mar. 1, 2013, 78 F.R. 14427.

Notice of President of the United States, dated Mar. 2, 2012, 77 F.R. 13179.

Notice of President of the United States, dated Mar. 2, 2011, 76 F.R. 12267.

Notice of President of the United States, dated Feb. 26, 2010, 75 F.R. 10157.

Notice of President of the United States, dated Mar. 3, 2009, 74 F.R. 9751.

Notice of President of the United States, dated Mar. 4, 2008, 73 F.R. 12005.

Notice of President of the United States, dated Feb. 28, 2007, 72 F.R. 9645.

Notice of President of the United States, dated Feb. 27, 2006, 71 F.R. 10603.

Notice of President of the United States, dated Mar. 2, 2005, 70 F.R. 10859.

Notice of President of the United States, dated Mar. 2, 2004, 69 F.R. 10313.

Ex. Ord. No. 13469, July 25, 2008, 73 F.R. 43841, revoked by Ex. Ord. No. 14118, Mar. 4, 2024, 89 F.R. 15945.

§1702. Presidential authorities

(a) In general

(1) At the times and to the extent specified in section 1701 of this title, the President may, under such regulations as he may prescribe, by means of instructions, licenses, or otherwise—

(A) investigate, regulate, or prohibit—

(i) any transactions in foreign exchange,

(ii) transfers of credit or payments between, by, through, or to any banking institution, to the extent that such transfers or payments involve any interest of any foreign country or a national thereof,

(iii) the importing or exporting of currency or securities,

by any person, or with respect to any property, subject to the jurisdiction of the United States;

(B) investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest by any person, or with respect to any property, subject to the jurisdiction of the United States; and.¹

(C) when the United States is engaged in armed hostilities or has been attacked by a foreign country or foreign nationals, confiscate any property, subject to the jurisdiction of the United States, of any foreign person, foreign organization, or foreign country that he determines has planned, authorized, aided, or engaged in such hostilities or attacks against the United States; and all right, title, and interest in any property so confiscated shall vest, when, as, and upon the terms directed by the President, in such agency or person as the President may designate from time to time, and upon such terms and conditions as the President may prescribe, such interest or property shall be held, used, administered, liquidated, sold, or otherwise dealt with in the interest of and for the benefit of the United States, and such designated agency or person may perform any and all acts incident to the accomplishment or furtherance of these purposes.

(2) In exercising the authorities granted by paragraph (1), the President may require any person to keep a full record of, and to furnish under oath, in the form of reports or otherwise, complete information relative to any act or transaction referred to in paragraph (1) either before, during, or after the completion thereof, or relative to any interest in foreign property, or relative to any property in which any foreign country or any national thereof has or has had any interest, or as may be otherwise necessary to enforce the provisions of such paragraph. In any case in which a report by a person could be required under this paragraph, the President may require the production of any books of account, records, contracts, letters, memoranda, or other papers, in the custody or control of such person.

(3) Compliance with any regulation, instruction, or direction issued under this chapter shall to the extent thereof be a full acquittance and discharge for all purposes of the obligation of the person making the same. No person shall be held liable in any court for or with respect to anything done or omitted in good faith in connection with the administration of, or pursuant to and in reliance on, this chapter, or any regulation, instruction, or direction issued under this chapter.

(b) Exceptions to grant of authority

The authority granted to the President by this section does not include the authority to regulate or prohibit, directly or indirectly—

(1) any postal, telegraphic, telephonic, or other personal communication, which does not involve a transfer of anything of value;

(2) donations, by persons subject to the jurisdiction of the United States, of articles, such as food, clothing, and medicine, intended to be used to relieve human suffering, except to the extent that the President determines that such donations (A) would seriously impair his ability to deal with any national emergency declared under section 1701 of this title, (B) are in response to coercion against the proposed recipient or donor, or (C) would endanger Armed Forces of the United States which are engaged in hostilities or are in a situation where imminent involvement in hostilities is clearly indicated by the circumstances; or ²

(3) the importation from any country, or the exportation to any country, whether commercial or otherwise, regardless of format or medium of transmission, of any information or informational materials, including but not limited to, publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, and news wire feeds. The exports exempted from regulation or prohibition by this paragraph do not include those which are otherwise controlled for export under section 4604 ³ of this title, or under section 4605 ³ of this title to the extent that such controls promote the nonproliferation or antiterrorism policies of the United States, or with respect to which acts are prohibited by chapter 37 of title 18; or

(4) any transactions ordinarily incident to travel to or from any country, including importation of accompanied baggage for personal use, maintenance within any country including payment of living expenses and acquisition of goods or services for personal use, and arrangement or facilitation of such travel including nonscheduled air, sea, or land voyages.

(c) Classified information

In any judicial review of a determination made under this section, if the determination was based on classified information (as defined in section 1(a) of the Classified Information Procedures Act) such information may be submitted to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review.

(Pub. L. 95–223, title II, §203, Dec. 28, 1977, 91 Stat. 1626; Pub. L. 100–418, title II, §2502(b)(1), Aug. 23, 1988, 102 Stat. 1371; Pub. L. 103–236, title V, §525(c)(1), Apr. 30, 1994, 108 Stat. 474; Pub. L. 107–56, title I, §106, Oct. 26, 2001, 115 Stat. 277.)

Editorial Notes

References in Text

Sections 4604 and 4605 of this title, referred to in subsec. (b)(3), were repealed by Pub. L. 115–232, div. A, title XVII, §1766(a), Aug. 13, 2018, 132 Stat. 2232.

Section 1(a) of the Classified Information Procedures Act, referred to in subsec. (c), is section 1(a) of Pub. L. 96–456, Oct. 15, 1980, 94 Stat. 2025, which is set out in the Appendix to Title 18, Crimes and Criminal Procedure.

Amendments

2001—Pub. L. 107–56, §106, which directed certain amendments to section 203 of the International Emergency Powers Act, was executed by making the amendments to this section, which is section 203 of the International Emergency Economic Powers Act, to reflect the probable intent of Congress. See below.

Subsec. (a)(1). Pub. L. 107–56, §106(1)(C), which directed striking out "by any person, or with respect to any property, subject to the jurisdiction of the United States' without providing closing quotation marks designating the provisions to be struck, was executed by striking out "by any person, or with respect to any property, subject to the jurisdiction of the United States" in concluding provisions.

Subsec. (a)(1)(A). Pub. L. 107–56, §106(1)(A), substituted a comma for "; and" at end of cl. (iii) and inserted concluding provisions.

Subsec. (a)(1)(B). Pub. L. 107–56, §106(1)(B), inserted ", block during the pendency of an investigation" after "investigate" and substituted "interest by any person, or with respect to any property, subject to the jurisdiction of the United States; and" for "interest;".

Subsec. (a)(1)(C). Pub. L. 107–56, §106(1)(D), added subpar. (C).

Subsec. (c). Pub. L. 107–56, §106(2), added subsec. (c).

1994—Subsec. (b)(3), (4). Pub. L. 103–236 added pars. (3) and (4) and struck out former par. (3) which read as follows: "the importation from any country, or the exportation to any country, whether commercial or otherwise, of publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, or other informational materials, which are not otherwise controlled for export under section 2404 of the Appendix to this title or with respect to which no acts are prohibited by chapter 37 of title 18."

1988—Subsec. (b)(3). Pub. L. 100–418 added par. (3).

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Pub. L. 103–236, title V, §525(c)(2), (3), Apr. 30, 1994, 108 Stat. 475, provided that:

"(2) The amendments made by paragraph (1) to section 203(b)(3) of the International Emergency Economic Powers Act [50 U.S.C. 1702(b)(3)] apply to actions taken by the President under section 203 of such Act before the date of enactment of this Act [Apr. 30, 1994] which are in effect on such date and to actions taken under such section on or after such date.

"(3) Section 203(b)(4) of the International Emergency Economic Powers Act (as added by paragraph (1)) shall not apply to restrictions on the transactions and activities described in section 203(b)(4) in force on the date of enactment of this Act, with respect to countries embargoed under the International Emergency Economic Powers Act [50 U.S.C. 1701 et seq.] on the date of enactment of this Act."

Effective Date of 1988 Amendment

Pub. L. 100–418, title II, §2502(b)(2), Aug. 23, 1988, 102 Stat. 1372, provided that: "The amendments made by paragraph (1) [amending this section] apply to actions taken by the President under section 203 of the International Emergency Economic Powers Act [this section] before the date of the enactment of this Act [Aug. 23, 1988] which are in effect on such date of enactment, and to actions taken under such section on or after such date of enactment."

Executive Documents

Ex. Ord. No. 13290. Confiscating and Vesting Certain Iraqi Property

Ex. Ord. No. 13290, Mar. 20, 2003, 68 F.R. 14307, as amended by Ex. Ord. No. 13350, §3, July 29, 2004, 69 F.R. 46055, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code, and in order to take additional steps with respect to the national emergency declared in Executive Order 13303 of March 20 [May 22], 2003 [listed in a table under section 1701 of this title], and expanded in Executive Order 13315 of August 28, 2003 [listed in a table under section 1701 of this title],

I, GEORGE W. BUSH, President of the United States of America, hereby determine that the United States and Iraq are engaged in armed hostilities, that it is in the interest of the United States to confiscate certain property of the Government of Iraq and its agencies, instrumentalities, or controlled entities, and that all right, title, and interest in any property so confiscated should vest in the Department of the Treasury. I intend that such vested property should be used to assist the Iraqi people and to assist in the reconstruction of Iraq, and determine that such use would be in the interest of and for the benefit of the United States.

I hereby order:

Section 1. All blocked funds held in the United States in accounts in the name of the Government of Iraq, the Central Bank of Iraq, Rafidain Bank, Rasheed Bank, or the State Organization for Marketing Oil are hereby confiscated and vested in the Department of the Treasury, except for the following:

(a) any such funds that are subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations, or that enjoy equivalent privileges and immunities under the laws of the United States, and are or have been used for diplomatic or consular purposes, and

(b) any such amounts that as of the date of this order are subject to post-judgment writs of execution or attachment in aid of execution of judgments pursuant to section 201 of the Terrorism Risk Insurance Act of 2002 (Public Law 107–297) [see Tables for classification], provided that, upon satisfaction of the judgments on which such writs are based, any remainder of such excepted amounts shall, by virtue of this order and without further action, be confiscated and vested.

Sec. 2. The Secretary of the Treasury is authorized to perform, without further approval, ratification, or other action of the President, all functions of the President set forth in section 203(a)(1)(C) of IEEPA [50 U.S.C. 1702(a)(1)(C)] with respect to any and all property of the Government of Iraq, including its agencies, instrumentalities, or controlled entities, and to take additional steps, including the promulgation of rules and regulations as may be necessary, to carry out the purposes of this order. The Secretary of the Treasury may redelegate such functions in accordance with applicable law. The Secretary of the Treasury shall consult the Attorney General as appropriate in the implementation of this order.

Sec. 3. This order shall be transmitted to the Congress and published in the Federal Register.

George W. Bush.      

¹ So in original. The period probably should not appear.

² So in original. The word "or" probably should not appear.

³ See References in Text note below.

§1703. Consultation and reports

(a) Consultation with Congress

The President, in every possible instance, shall consult with the Congress before exercising any of the authorities granted by this chapter and shall consult regularly with the Congress so long as such authorities are exercised.

(b) Report to Congress upon exercise of Presidential authorities

Whenever the President exercises any of the authorities granted by this chapter, he shall immediately transmit to the Congress a report specifying—

(1) the circumstances which necessitate such exercise of authority;

(2) why the President believes those circumstances constitute an unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States;

(3) the authorities to be exercised and the actions to be taken in the exercise of those authorities to deal with those circumstances;

(4) why the President believes such actions are necessary to deal with those circumstances; and

(5) any foreign countries with respect to which such actions are to be taken and why such actions are to be taken with respect to those countries.

(c) Periodic follow-up reports

At least once during each succeeding six-month period after transmitting a report pursuant to subsection (b) with respect to an exercise of authorities under this chapter, the President shall report to the Congress with respect to the actions taken, since the last such report, in the exercise of such authorities, and with respect to any changes which have occurred concerning any information previously furnished pursuant to paragraphs (1) through (5) of subsection (b).

(d) Supplemental requirements

The requirements of this section are supplemental to those contained in title IV of the National Emergencies Act [50 U.S.C. 1641].

(Pub. L. 95–223, title II, §204, Dec. 28, 1977, 91 Stat. 1627.)

Editorial Notes

References in Text

The National Emergencies Act, referred to in subsec. (d), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255. Title IV of the National Emergencies Act enacted subchapter IV (§1641) of chapter 34 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

§1704. Authority to issue regulations

The President may issue such regulations, including regulations prescribing definitions, as may be necessary for the exercise of the authorities granted by this chapter.

(Pub. L. 95–223, title II, §205, Dec. 28, 1977, 91 Stat. 1628.)

§1705. Penalties

(a) Unlawful acts

It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any license, order, regulation, or prohibition issued under this chapter.

(b) Civil penalty

A civil penalty may be imposed on any person who commits an unlawful act described in subsection (a) in an amount not to exceed the greater of—

(1) $250,000; or

(2) an amount that is twice the amount of the transaction that is the basis of the violation with respect to which the penalty is imposed.

(c) Criminal penalty

A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids or abets in the commission of, an unlawful act described in subsection (a) shall, upon conviction, be fined not more than $1,000,000, or if a natural person, may be imprisoned for not more than 20 years, or both.

(d) Statute of limitations

(1) Time for commencing proceedings

(A) In general

An action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within 10 years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based.

(B) Commencement

For purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation.

(2) Time for indictment

No person shall be prosecuted, tried, or punished for any offense under subsection (c) unless the indictment is found or the information is instituted within 10 years after the latest date of the violation upon which the indictment or information is based.

(Pub. L. 95–223, title II, §206, Dec. 28, 1977, 91 Stat. 1628; Pub. L. 102–393, title VI, §629, Oct. 6, 1992, 106 Stat. 1773; Pub. L. 102–396, title IX, §9155, Oct. 6, 1992, 106 Stat. 1943; Pub. L. 104–201, div. A, title XIV, §1422, Sept. 23, 1996, 110 Stat. 2725; Pub. L. 109–177, title IV, §402, Mar. 9, 2006, 120 Stat. 243; Pub. L. 110–96, §2(a), Oct. 16, 2007, 121 Stat. 1011; Pub. L. 118–50, div. E, title I, §3111(a), Apr. 24, 2024, 138 Stat. 938.)

Editorial Notes

Amendments

2024—Subsec. (d). Pub. L. 118–50 added subsec. (d).

2007—Pub. L. 110–96 amended section generally. Prior to amendment, text of section read as follows:

"(a) A civil penalty of not to exceed $50,000 may be imposed on any person who violates, or attempts to violate, any license, order, or regulation issued under this chapter.

"(b) Whoever willfully violates, or willfully attempts to violate, any license, order, or regulation issued under this chapter shall, upon conviction, be fined not more than $50,000, or, if a natural person, may be imprisoned for not more than twenty years, or both; and any officer, director, or agent of any corporation who knowingly participates in such violation may be punished by a like fine, imprisonment, or both."

Statutory Notes and Related Subsidiaries

Effective Date of 2007 Amendment

Pub. L. 110–96, §2(b), Oct. 16, 2007, 121 Stat. 1011, provided that:

"(1) Civil penalties.—Section 206(b) of the International Emergency Economic Powers Act [50 U.S.C. 1705(b)], as amended by subsection (a), shall apply to violations described in section 206(a) of such Act with respect to which enforcement action is pending or commenced on or after the date of the enactment of this Act [Oct. 16, 2007].

"(2) Criminal penalties.—Section 206(c) of the International Emergency Economic Powers Act, as amended by subsection (a), shall apply to violations described in section 206(a) of such Act with respect to which enforcement action is commenced on or after the date of the enactment of this Act."

2006—Subsec. (a). Pub. L. 109–177, §402(1), substituted "$50,000" for "$10,000".

Subsec. (b). Pub. L. 109–177, §402(2), substituted "twenty years" for "ten years".

1996—Subsec. (a). Pub. L. 104–201, §1422(1), inserted ", or attempts to violate," after "violates".

Subsec. (b). Pub. L. 104–201, §1422(2), inserted ", or willfully attempts to violate," after "violates".

1992—Subsec. (a). Pub. L. 102–396 substituted "$10,000" for "$50,000".

Pub. L. 102–393 substituted "$50,000" for "$10,000".

§1706. Savings provisions

(a) Termination of national emergencies pursuant to National Emergencies Act

(1) Except as provided in subsection (b), notwithstanding the termination pursuant to the National Emergencies Act [50 U.S.C. 1601 et seq.] of a national emergency declared for purposes of this chapter, any authorities granted by this chapter, which are exercised on the date of such termination on the basis of such national emergency to prohibit transactions involving property in which a foreign country or national thereof has any interest, may continue to be so exercised to prohibit transactions involving that property if the President determines that the continuation of such prohibition with respect to that property is necessary on account of claims involving such country or its nationals.

(2) Notwithstanding the termination of the authorities described in section 101(b) of this Act, any such authorities, which are exercised with respect to a country on the date of such termination to prohibit transactions involving any property in which such country or any national thereof has any interest, may continue to be exercised to prohibit transactions involving that property if the President determines that the continuation of such prohibition with respect to that property is necessary on account of claims involving such country or its nationals.

(b) Congressional termination of national emergencies by concurrent resolution

The authorities described in subsection (a)(1) may not continue to be exercised under this section if the national emergency is terminated by the Congress by concurrent resolution pursuant to section 202 of the National Emergencies Act [50 U.S.C. 1622] and if the Congress specifies in such concurrent resolution that such authorities may not continue to be exercised under this section.

(c) Supplemental savings provisions; supersedure of inconsistent provisions

(1) The provisions of this section are supplemental to the savings provisions of paragraphs (1), (2), and (3) of section 101(a) [50 U.S.C. 1601(a)(1), (2), (3)] and of paragraphs (A), (B), and (C) of section 202(a) [50 U.S.C. 1622(a)(A), (B), and (C)] of the National Emergencies Act.

(2) The provisions of this section supersede the termination provisions of section 101(a) [50 U.S.C. 1601(a)] and of title II [50 U.S.C. 1621 et seq.] of the National Emergencies Act to the extent that the provisions of this section are inconsistent with these provisions.

(d) Periodic reports to Congress

If the President uses the authority of this section to continue prohibitions on transactions involving foreign property interests, he shall report to the Congress every six months on the use of such authority.

(Pub. L. 95–223, title II, §207, Dec. 28, 1977, 91 Stat. 1628.)

Editorial Notes

References in Text

The National Emergencies Act, referred to in subsecs. (a)(1) and (c)(2), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§1601 et seq.) of this title. Title II of the National Emergencies Act is classified generally to subchapter II (§1621 et seq.) of chapter 34 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

Section 101(b) of this Act, referred to in subsec. (a)(2), is section 101(b) of Pub. L. 95–223, which is set out as a note under section 4305 of this title.

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under subsec. (d) of this section is listed as the 11th item on page 27), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.

§1707. Multinational economic embargoes against governments in armed conflict with the United States

(a) Policy on the establishment of embargoes

It is the policy of the United States, that upon the use of the Armed Forces of the United States to engage in hostilities against any foreign country, the President shall, as appropriate—

(1) seek the establishment of a multinational economic embargo against such country; and

(2) seek the seizure of its foreign financial assets.

(b) Reports to Congress

Not later than 20 days after the first day of the engagement of the United States in hostilities described in subsection (a), the President shall, if the armed conflict has continued for 14 days, submit to Congress a report setting forth—

(1) the specific steps the United States has taken and will continue to take to establish a multinational economic embargo and to initiate financial asset seizure pursuant to subsection (a); and

(2) any foreign sources of trade or revenue that directly or indirectly support the ability of the adversarial government to sustain a military conflict against the United States.

(Pub. L. 106–65, div. A, title XII, §1231, Oct. 5, 1999, 113 Stat. 788.)

Editorial Notes

Codification

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2000, and not as part of the International Emergency Economic Powers Act which comprises this chapter.

§1708. Actions to address economic or industrial espionage in cyberspace

(a) Report required

(1) In general

Not later than 180 days after December 19, 2014, and annually thereafter through 2020, the President shall submit to the appropriate congressional committees a report on foreign economic and industrial espionage in cyberspace during the 12-month period preceding the submission of the report that—

(A) identifies—

(i) foreign countries that engage in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons;

(ii) foreign countries identified under clause (i) that the President determines engage in the most egregious economic or industrial espionage in cyberspace with respect to such trade secrets or proprietary information (to be known as "priority foreign countries");

(iii) categories of technologies or proprietary information developed by United States persons that—

(I) are targeted for economic or industrial espionage in cyberspace; and

(II) to the extent practicable, have been appropriated through such espionage;

(iv) articles manufactured or otherwise produced using technologies or proprietary information described in clause (iii)(II); and

(v) to the extent practicable, services provided using such technologies or proprietary information;

(B) describes the economic or industrial espionage engaged in by the foreign countries identified under clauses (i) and (ii) of subparagraph (A); and

(C) describes—

(i) actions taken by the President to decrease the prevalence of economic or industrial espionage in cyberspace; and

(ii) the progress made in decreasing the prevalence of such espionage.

(2) Determination of foreign countries engaging in economic or industrial espionage in cyberspace

For purposes of clauses (i) and (ii) of paragraph (1)(A), the President shall identify a foreign country as a foreign country that engages in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons if the government of the foreign country—

(A) engages in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons; or

(B) facilitates, supports, fails to prosecute, or otherwise permits such espionage by—

(i) individuals who are citizens or residents of the foreign country; or

(ii) entities that are organized under the laws of the foreign country or are otherwise subject to the jurisdiction of the government of the foreign country.

(3) Form of report

Each report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex.

(b) Imposition of sanctions

(1) In general

The President may, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of each person described in paragraph (2), if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(2) Persons described

A person described in this paragraph is a foreign person the President determines knowingly requests, engages in, supports, facilitates, or benefits from the significant appropriation, through economic or industrial espionage in cyberspace, of technologies or proprietary information developed by United States persons.

(3) Exception

The authority to impose sanctions under paragraph (1) shall not include the authority to impose sanctions on the importation of goods.

(4) Implementation; penalties

(A) Implementation

The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this subsection.

(B) Penalties

The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, or conspires to violate, or causes a violation of, this subsection or a regulation prescribed under this subsection to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act [50 U.S.C. 1705(a)].

(c) Rule of construction

Nothing in this section shall be construed to affect the application of any penalty or the exercise of any authority provided for under any other provision of law.

(d) Definitions

In this section:

(1) Appropriate congressional committees

The term "appropriate congressional committees" means—

(A) the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Commerce, Science, and Transportation, the Committee on Homeland Security and Governmental Affairs, the Committee on Finance, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and

(B) the Committee on Armed Services, the Committee on Energy and Commerce, the Committee on Homeland Security, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives.

(2) Cyberspace

The term "cyberspace"—

(A) means the interdependent network of information technology infrastructures; and

(B) includes the Internet, telecommunications networks, computer systems, and embedded processors and controllers.

(3) Economic or industrial espionage

The term "economic or industrial espionage" means—

(A) stealing a trade secret or proprietary information or appropriating, taking, carrying away, or concealing, or by fraud, artifice, or deception obtaining, a trade secret or proprietary information without the authorization of the owner of the trade secret or proprietary information;

(B) copying, duplicating, downloading, uploading, destroying, transmitting, delivering, sending, communicating, or conveying a trade secret or proprietary information without the authorization of the owner of the trade secret or proprietary information; or

(C) knowingly receiving, buying, or possessing a trade secret or proprietary information that has been stolen or appropriated, obtained, or converted without the authorization of the owner of the trade secret or proprietary information.

(4) Knowingly

The term "knowingly", with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.

(5) Own

The term "own", with respect to a trade secret or proprietary information, means to hold rightful legal or equitable title to, or license in, the trade secret or proprietary information.

(6) Person

The term "person" means an individual or entity.

(7) Proprietary information

The term "proprietary information" means competitive bid preparations, negotiating strategies, executive emails, internal financial data, strategic business plans, technical designs, manufacturing processes, source code, data derived from research and development investments, and other commercially valuable information that a person has developed or obtained if—

(A) the person has taken reasonable measures to keep the information confidential; and

(B) the information is not generally known or readily ascertainable through proper means by the public.

(8) Technology

The term "technology" has the meaning given that term in section 16 ¹ of the Export Administration Act of 1979 (50 U.S.C. 4618) (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)).

(9) Trade secret

The term "trade secret" has the meaning given that term in section 1839 of title 18.

(10) United States person

The term "United States person" means—

(A) an individual who is a citizen or resident of the United States;

(B) an entity organized under the laws of the United States or any jurisdiction within the United States; or

(C) a person located in the United States.

(Pub. L. 113–291, div. A, title XVI, §1637, Dec. 19, 2014, 128 Stat. 3644.)

Editorial Notes

References in Text

The International Emergency Economic Powers Act, referred to in subsecs. (b)(1) and (d)(8), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables.

Section 16 of the Export Administration Act of 1979 (50 U.S.C. 4618), referred to subsec. (d)(8), was repealed by Pub. L. 115–232, div. A, title XVII, §1766(a), Aug. 13, 2018, 132 Stat. 2232.

Codification

Section was enacted as part of the Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015, and not as part of the International Emergency Economic Powers Act which comprises this chapter.

¹ See References in Text note below.

§1709. Imposition of sanctions with respect to theft of trade secrets of United States persons

(a) Report required

(1) In general

Not later than 180 days after January 5, 2023, and not less frequently than annually thereafter, the President shall submit to the appropriate congressional committees a report—

(A) identifying any foreign person the President determines, during the period specified in paragraph (2)—

(i) has knowingly engaged in, or benefitted from, significant theft of trade secrets of United States persons, if the theft of such trade secrets occurred on or after January 5, 2023, and is reasonably likely to result in, or has materially contributed to, a significant threat to the national security, foreign policy, or economic health or financial stability of the United States;

(ii) has provided significant financial, material, or technological support for, or goods or services in support of or to benefit significantly from, such theft;

(iii) is an entity that is owned or controlled by, or that has acted or purported to act for or on behalf of, directly or indirectly, any foreign person identified under clause (i) or (ii); or

(iv) is a chief executive officer or member of the board of directors of any foreign entity identified under clause (i) or (ii);

(B) describing the nature, objective, and outcome of the theft of trade secrets each foreign person described in subparagraph (A)(i) engaged in or benefitted from; and

(C) assessing whether any chief executive officer or member of the board of directors described in clause (iv) of subparagraph (A) engaged in, or benefitted from, activity described in clause (i) or (ii) of that subparagraph.

(2) Period specified

The period specified in this paragraph is—

(A) in the case of the first report required by paragraph (1), the period beginning on Janaury 5, 2023, and ending on the date on which the report is required to be submitted; and

(B) in the case of each subsequent report required by paragraph (1), the one-year period preceding the date on which the report is required to be submitted.

(3) Form of report

Each report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.

(b) Authority to impose sanctions

(1) Sanctions applicable to entities

In the case of a foreign entity identified under subparagraph (A) of subsection (a)(1) in the most recent report submitted under that subsection, the President shall impose 5 or more of the following:

(A) Blocking of property

The President may, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of the entity if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(B) Inclusion on entity list

The President may include the entity on the entity list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of the Export Administration Regulations, for activities contrary to the national security or foreign policy interests of the United States.

(C) Export-Import bank assistance for exports to sanctioned persons

The President may direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to the entity.

(D) Loans from United States financial institutions

The President may prohibit any United States financial institution from making loans or providing credits to the entity totaling more than $10,000,000 in any 12-month period unless the person is engaged in activities to relieve human suffering and the loans or credits are provided for such activities.

(E) Loans from international financial institutions

The President may direct the United States executive director to each international financial institution to use the voice and vote of the United States to oppose any loan from the international financial institution that would benefit the entity.

(F) Prohibitions on financial institutions

The following prohibitions may be imposed against the entity if the entity is a financial institution:

(i) Prohibition on designation as primary dealer

Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, the financial institution as a primary dealer in United States Government debt instruments.

(ii) Prohibition on service as a repository of government funds

The financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds.

The imposition of either sanction under clause (i) or (ii) shall be treated as one sanction for purposes of this paragraph, and the imposition of both such sanctions shall be treated as 2 sanctions for purposes of this paragraph.

(G) Procurement sanction

The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from the entity.

(H) Foreign exchange

The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the entity has any interest.

(I) Banking transactions

The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the entity.

(J) Ban on investment in equity or debt of sanctioned person

The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of the entity.

(K) Exclusion of corporate officers

The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, the entity.

(L) Sanctions on principal executive officers

The President may impose on the principal executive officer or officers of the entity, or on individuals performing similar functions and with similar authorities as such officer or officers, any of the sanctions under this paragraph.

(2) Sanctions applicable to individuals

In the case of an alien identified under subparagraph (A) of subsection (a)(1) in the most recent report submitted under that subsection, the following shall apply:

(A) Blocking of property

The President shall, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of the alien if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(B) Ineligibility for visas, admission, or parole

(i) Visas, admission, or parole

An alien described in subparagraph (A) of subsection (a)(1) is—

(I) inadmissible to the United States;

(II) ineligible to receive a visa or other documentation to enter the United States; and

(III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

(ii) Current visas revoked

(I) In general

An alien described in subparagraph (A) of subsection (a)(1) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued.

(II) Immediate effect

A revocation under subclause (I) shall—

(aa) take effect pursuant to section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)); and

(bb) cancel any other valid visa or entry documentation that is in the alien's possession.

(c) National interest waiver

The President may waive the imposition of sanctions under subsection (b) with respect to a person if the President—

(1) determines that such a waiver is in the national interests of the United States; and

(2) not more than 15 days after issuing the waiver, submits to the appropriate congressional committees a notification of the waiver and the reasons for the waiver.

(d) Implementation; penalties

(1) Implementation

The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.

(2) Penalties

A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.

(e) Exceptions

(1) Intelligence activities

This section shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States.

(2) Law enforcement activities

Sanctions under this section shall not apply with respect to any authorized law enforcement activities of the United States.

(3) Exception to comply with international agreements

Sanctions under this section shall not apply with respect to the admission of an alien to the United States if such admission is necessary to comply with the obligations of the United States under the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other international obligations.

(4) Exception relating to importation of goods

(A) In general

The authority or a requirement to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.

(B) Good defined

In this paragraph, the term "good" means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.

(f) Sunset

This section shall terminate on the date that is 7 years after January 5, 2023.

(g) Definitions

In this section:

(1) Admission; admitted; alien; lawfully admitted for permanent residence

The terms "admission", "admitted", "alien", and "lawfully admitted for permanent residence" have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).

(2) Appropriate congressional committees

The term "appropriate congressional committees" means—

(A) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and

(B) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives.

(3) Entity

The term "entity" means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization.

(4) Export Administration Regulations

The term "Export Administration Regulations" has the meaning given that term in section 4801 of this title.

(5) Foreign entity

The term "foreign entity" means an entity that is not a United States person.

(6) Foreign person

The term "foreign person" means any person that is not a United States person.

(7) Knowingly

The term "knowingly", with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.

(8) Person

The term "person" means an individual or entity.

(9) Trade secret

The term "trade secret" has the meaning given that term in section 1839 of title 18.

(10) United States person

The term "United States person" means—

(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States;

(B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or

(C) any person in the United States.

(Pub. L. 117–336, §2, Jan. 5, 2023, 136 Stat. 6147.)

Editorial Notes

References in Text

The International Emergency Economic Powers Act, referred to in subsec. (b)(1)(A), (2)(A), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables.

The Immigration and Nationality Act, referred to in subsec. (b)(2)(B)(i)(III), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.

The National Security Act of 1947, referred to in subsec. (e)(1), is act July 26, 1947, ch. 343, 61 Stat. 495. Title V of the Act is classified generally to subchapter III (§3091 et seq.) of chapter 44 of this title. For complete classification of this Act to the Code, see Tables.

Codification

Section was enacted as part of the Protecting American Intellectual Property Act of 2022, and not as part of the International Emergency Economic Powers Act which comprises this chapter.

§1710. Confronting asymmetric and malicious cyber activities

(a) In general

On and after the date that is 180 days after April 24, 2024, the President may impose the sanctions described in subsection (b) with respect to any foreign person that the Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State determine, on or after April 24, 2024—

(1) is responsible for or complicit in, or has engaged knowingly in, significant cyber-enabled activities originating from, or directed by persons located, in whole or in substantial part, outside the United States that are reasonably likely to result in, or have materially contributed to, a significant threat to the national security, foreign policy, or economic health or financial stability of the United States;

(2) materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any activity described in this subsection or any person whose property and interests in property are blocked pursuant to this section;

(3) is owned or controlled by, or has acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to this section; or

(4) has attempted to engage in any of the activities described in paragraph (1), (2), or (3).

(b) Sanctions described

The sanctions described in this subsection are the following:

(1) Inadmissibility to United States

In the case of an alien—

(A) ineligibility to receive a visa to enter the United States or to be admitted to the United States; or

(B) if the individual has been issued a visa or other documentation, revocation, in accordance with section 1201(i) of title 8, of the visa or other documentation.

(2) Blocking of property

The blocking, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), of all transactions in all property and interests in property of a foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(c) Requests by appropriate congressional committees

(1) In general

Not later than 120 days after receiving a request that meets the requirements of paragraph (2) with respect to whether a foreign person has engaged in an activity described in subsection (a), the Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State shall—

(A) determine if that person has engaged in such an activity; and

(B) submit a classified or unclassified report to the chairperson and ranking member of the committee or committees that submitted the request with respect to that determination that includes—

(i) a statement of whether or not the Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State imposed or intends to impose sanctions with respect to the person;

(ii) if the President imposed or intends to impose sanctions, a description of those sanctions; and

(iii) if the President does not intend to impose sanctions, a description of actions that meet the threshold for the President to impose sanctions.

(2) Requirements

A request under paragraph (1) with respect to whether a foreign person has engaged in an activity described in subsection (a) shall be submitted to the President in writing jointly by the chairperson and ranking member of one of the appropriate congressional committees.

(d) Appropriate congressional committees defined

In this section, the term "appropriate congressional committees" means—

(1) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and

(2) the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate.

(Pub. L. 118–50, div. O, §5, Apr. 24, 2024, 138 Stat. 990.)

Editorial Notes

References in Text

The International Emergency Economic Powers Act, referred to in subsec. (b)(2), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables.

Codification

Section was enacted as part of the Strengthening Tools to Counter the Use of Human Shields Act, and not as part of the International Emergency Economic Powers Act which comprises this chapter.

CHAPTER 36—FOREIGN INTELLIGENCE SURVEILLANCE

SUBCHAPTER I—ELECTRONIC SURVEILLANCE

        

SUBCHAPTER II—PHYSICAL SEARCHES

        

SUBCHAPTER III—PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN INTELLIGENCE PURPOSES

        

SUBCHAPTER IV—ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE PURPOSES

        

SUBCHAPTER V—OVERSIGHT

        

SUBCHAPTER VI—ADDITIONAL PROCEDURES REGARDING CERTAIN PERSONS OUTSIDE THE UNITED STATES

        

SUBCHAPTER VII—PROTECTION OF PERSONS ASSISTING THE GOVERNMENT

        

SUBCHAPTER I—ELECTRONIC SURVEILLANCE

§1801. Definitions

As used in this subchapter:

(a) "Foreign power" means—

(1) a foreign government or any component thereof, whether or not recognized by the United States;

(2) a faction of a foreign nation or nations, not substantially composed of United States persons;

(3) an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments;

(4) a group engaged in international terrorism or activities in preparation therefor;

(5) a foreign-based political organization, not substantially composed of United States persons;

(6) an entity that is directed and controlled by a foreign government or governments; or

(7) an entity not substantially composed of United States persons that is engaged in the international proliferation of weapons of mass destruction.

(b) "Agent of a foreign power" means—

(1) any person other than a United States person, who—

(A) acts in the United States as an officer or employee of a foreign power, or as a member of a foreign power as defined in subsection (a)(4), irrespective of whether the person is inside the United States;

(B) acts for or on behalf of a foreign power which engages in clandestine intelligence activities in the United States contrary to the interests of the United States, when the circumstances indicate that such person may engage in such activities, or when such person knowingly aids or abets any person in the conduct of such activities or knowingly conspires with any person to engage in such activities;

(C) Omitted

(D) engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor; or

(E) engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor, for or on behalf of a foreign power, or knowingly aids or abets any person in the conduct of such proliferation or activities in preparation therefor, or knowingly conspires with any person to engage in such proliferation or activities in preparation therefor; or

(2) any person who—

(A) knowingly engages in clandestine intelligence gathering activities for or on behalf of a foreign power, which activities involve or may involve a violation of the criminal statutes of the United States;

(B) pursuant to the direction of an intelligence service or network of a foreign power, knowingly engages in any other clandestine intelligence activities for or on behalf of such foreign power, which activities involve or are about to involve a violation of the criminal statutes of the United States;

(C) knowingly engages in sabotage or international terrorism, or activities that are in preparation therefor, for or on behalf of a foreign power;

(D) knowingly enters the United States under a false or fraudulent identity for or on behalf of a foreign power or, while in the United States, knowingly assumes a false or fraudulent identity for or on behalf of a foreign power; or

(E) knowingly aids or abets any person in the conduct of activities described in subparagraph (A), (B), or (C) or knowingly conspires with any person to engage in activities described in subparagraph (A), (B), or (C).

(c) "International terrorism" means activities that—

(1) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or any State;

(2) appear to be intended—

(A) to intimidate or coerce a civilian population;

(B) to influence the policy of a government by intimidation or coercion; or

(C) to affect the conduct of a government by assassination or kidnapping; and

(3) occur totally outside the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to coerce or intimidate, or the locale in which their perpetrators operate or seek asylum.

(d) "Sabotage" means activities that involve a violation of chapter 105 of title 18, or that would involve such a violation if committed against the United States.

(e) "Foreign intelligence information" means—

(1) information that relates to, and if concerning a United States person is necessary to, the ability of the United States to protect against—

(A) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;

(B) sabotage, international terrorism, or the international proliferation of weapons of mass destruction by a foreign power or an agent of a foreign power;

(C) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power; or

(D) international production, distribution, or financing of illicit synthetic drugs, opioids, cocaine, or other drugs driving overdose deaths, or precursors of any aforementioned; or

(2) information with respect to a foreign power or foreign territory that relates to, and if concerning a United States person is necessary to—

(A) the national defense or the security of the United States; or

(B) the conduct of the foreign affairs of the United States.

(f) "Electronic surveillance" means—

(1) the acquisition by an electronic, mechanical, or other surveillance device of the contents of any wire or radio communication sent by or intended to be received by a particular, known United States person who is in the United States, if the contents are acquired by intentionally targeting that United States person, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes;

(2) the acquisition by an electronic, mechanical, or other surveillance device of the contents of any wire communication to or from a person in the United States, without the consent of any party thereto, if such acquisition occurs in the United States, but does not include the acquisition of those communications of computer trespassers that would be permissible under section 2511(2)(i) of title 18;

(3) the intentional acquisition by an electronic, mechanical, or other surveillance device of the contents of any radio communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes, and if both the sender and all intended recipients are located within the United States; or

(4) the installation or use of an electronic, mechanical, or other surveillance device in the United States for monitoring to acquire information, other than from a wire or radio communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes.

(g) "Attorney General" means the Attorney General of the United States (or Acting Attorney General), the Deputy Attorney General, or, upon the designation of the Attorney General, the Assistant Attorney General designated as the Assistant Attorney General for National Security under section 507A of title 28.

(h) "Minimization procedures", with respect to electronic surveillance, means—

(1) specific procedures, which shall be adopted by the Attorney General, that are reasonably designed in light of the purpose and technique of the particular surveillance, to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information;

(2) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in subsection (e)(1), shall not be disseminated in a manner that identifies any United States person, without such person's consent, unless such person's identity is necessary to understand foreign intelligence information or assess its importance;

(3) notwithstanding paragraphs (1) and (2), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes; and

(4) notwithstanding paragraphs (1), (2), and (3), with respect to any electronic surveillance approved pursuant to section 1802(a) of this title, procedures that require that no contents of any communication to which a United States person is a party shall be disclosed, disseminated, or used for any purpose or retained for longer than 72 hours unless a court order under section 1805 of this title is obtained or unless the Attorney General determines that the information indicates a threat of death or serious bodily harm to any person.

(i) "United States person" means a citizen of the United States, an alien lawfully admitted for permanent residence (as defined in section 1101(a)(20) of title 8), an unincorporated association a substantial number of members of which are citizens of the United States or aliens lawfully admitted for permanent residence, or a corporation which is incorporated in the United States, but does not include a corporation or an association which is a foreign power, as defined in subsection (a)(1), (2), or (3).

(j) "United States", when used in a geographic sense, means all areas under the territorial sovereignty of the United States and the Trust Territory of the Pacific Islands.

(k) "Aggrieved person" means a person who is the target of an electronic surveillance or any other person whose communications or activities were subject to electronic surveillance.

(l) "Wire communication" means any communication while it is being carried by a wire, cable, or other like connection furnished or operated by any person engaged as a common carrier in providing or operating such facilities for the transmission of interstate or foreign communications.

(m) "Person" means any individual, including any officer or employee of the Federal Government, or any group, entity, association, corporation, or foreign power.

(n) "Contents", when used with respect to a communication, includes any information concerning the identity of the parties to such communication or the existence, substance, purport, or meaning of that communication.

(o) "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, and any territory or possession of the United States.

(p) "Weapon of mass destruction" means—

(1) any explosive, incendiary, or poison gas device that is designed, intended, or has the capability to cause a mass casualty incident;

(2) any weapon that is designed, intended, or has the capability to cause death or serious bodily injury to a significant number of persons through the release, dissemination, or impact of toxic or poisonous chemicals or their precursors;

(3) any weapon involving a biological agent, toxin, or vector (as such terms are defined in section 178 of title 18) that is designed, intended, or has the capability to cause death, illness, or serious bodily injury to a significant number of persons; or

(4) any weapon that is designed, intended, or has the capability to release radiation or radioactivity causing death, illness, or serious bodily injury to a significant number of persons.

(Pub. L. 95–511, title I, §101, Oct. 25, 1978, 92 Stat. 1783; Pub. L. 106–120, title VI, §601, Dec. 3, 1999, 113 Stat. 1619; Pub. L. 107–56, title X, §1003, Oct. 26, 2001, 115 Stat. 392; Pub. L. 107–108, title III, §314(a)(1), (c)(2), Dec. 28, 2001, 115 Stat. 1402, 1403; Pub. L. 108–458, title VI, §6001(a), Dec. 17, 2004, 118 Stat. 3742; Pub. L. 109–177, title V, §506(a)(5), Mar. 9, 2006, 120 Stat. 248; Pub. L. 110–261, title I, §110(a), July 10, 2008, 122 Stat. 2465; Pub. L. 111–259, title VIII, §801(1), Oct. 7, 2010, 124 Stat. 2746; Pub. L. 114–23, title VII, §§702, 703, June 2, 2015, 129 Stat. 300; Pub. L. 118–49, §23, Apr. 20, 2024, 138 Stat. 893.)

Editorial Notes

Amendments

2024—Subsec. (e)(1)(D). Pub. L. 118–49 added subpar. (D).

2015—Subsec. (b)(1)(A). Pub. L. 114–23, §702(1), inserted ", irrespective of whether the person is inside the United States" before semicolon at end.

Subsec. (b)(1)(B). Pub. L. 114–23, §702(2), struck out "of such person's presence in the United States" after "circumstances" and substituted "may engage in such activities" for "may engage in such activities in the United States".

Subsec. (b)(1)(E). Pub. L. 114–23, §703, added subpar. (E) and struck out former subpar. (E) which read as follows: "engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor for or on behalf of a foreign power; or".

2010—Subsecs. (a)(7) to (p). Pub. L. 111–259 realigned margins.

2008—Subsec. (a)(7). Pub. L. 110–261, §110(a)(1), added par. (7).

Subsec. (b)(1)(D), (E). Pub. L. 110–261, §110(a)(2), added subpars. (D) and (E).

Subsec. (e)(1)(B). Pub. L. 110–261, §110(a)(3), substituted "sabotage, international terrorism, or the international proliferation of weapons of mass destruction" for "sabotage or international terrorism".

Subsec. (p). Pub. L. 110–261, §110(a)(4), added subsec. (p).

2006—Subsec. (g). Pub. L. 109–177 substituted ", the Deputy Attorney General, or, upon the designation of the Attorney General, the Assistant Attorney General designated as the Assistant Attorney General for National Security under section 507A of title 28" for "or the Deputy Attorney General".

2004—Subsec. (b)(1)(C). Pub. L. 108–458, §6001, temporarily added subpar. (C) which read as follows: "engages in international terrorism or activities in preparation therefore;". See Termination Date of 2004 Amendment note below.

2001—Subsec. (f)(2). Pub. L. 107–56, §1003, as amended by Pub. L. 107–108, §314(c)(2), inserted ", but does not include the acquisition of those communications of computer trespassers that would be permissible under section 2511(2)(i) of title 18" before semicolon at end.

Subsec. (h)(4). Pub. L. 107–108, §314(a)(1), substituted "72 hours" for "twenty-four hours".

1999—Subsec. (b)(2)(D), (E). Pub. L. 106–120 added subpar. (D) and redesignated former subpar. (D) as (E).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–261, title IV, §402, July 10, 2008, 122 Stat. 2473, provided that: "Except as provided in section 404 [set out as a note under this section], the amendments made by this Act [see Short Title of 2008 Amendment note below] shall take effect on the date of the enactment of this Act [July 10, 2008]."

Termination Date of 2004 Amendment

Pub. L. 108–458, title VI, §6001(b), Dec. 17, 2004, 118 Stat. 3742, as amended by Pub. L. 109–177, title I, §103, Mar. 9, 2006, 120 Stat. 195; Pub. L. 111–118, div. B, §1004(b), Dec. 19, 2009, 123 Stat. 3470; Pub. L. 111–141, §1(b), Feb. 27, 2010, 124 Stat. 37; Pub. L. 112–3, §2(b), Feb. 25, 2011, 125 Stat. 5; Pub. L. 112–14, §2(b), May 26, 2011, 125 Stat. 216; Pub. L. 114–23, title VII, §705(b), June 2, 2015, 129 Stat. 300; Pub. L. 116–69, div. B, title VII, §1703(b), Nov. 21, 2019, 133 Stat. 1143, provided that:

"(1) In general.—Except as provided in paragraph (2), the amendment made by subsection (a) [amending this section] shall cease to have effect on March 15, 2020.

"(2) Exception.—With respect to any particular foreign intelligence investigation that began before the date on which the provisions referred to in paragraph (1) cease to have effect, or with respect to any particular offense or potential offense that began or occurred before the date on which the provisions cease to have effect, such provisions shall continue in effect."

[Pub. L. 114–23, §705(b), which delayed the June 1, 2015, termination of the amendment made by section 6001(a) of Pub. L. 108–458 by substituting "December 15, 2019" for "June 1, 2015" in section 6001(b)(1) of Pub. L. 108–458, set out above, was given effect in this section to reflect the probable intent of Congress, notwithstanding that Pub. L. 114–23 was enacted on June 2, 2015.]

Effective Date of 2001 Amendment

Pub. L. 107–108, title III, §314(c), Dec. 28, 2001, 115 Stat. 1402, provided in part that the amendment made by section 314(c)(2) of Pub. L. 107–108 is effective as of Oct. 26, 2001, and as if included in Pub. L. 107–56 as originally enacted.

Effective Date; Exception

Pub. L. 95–511, title VII, §701, formerly title III, §301, Oct. 25, 1978, 92 Stat. 1798, as renumbered title IV, §401, and amended by Pub. L. 103–359, title VIII, §807(a)(1), (2), Oct. 14, 1994, 108 Stat. 3443; renumbered title VI, §601, and amended Pub. L. 105–272, title VI, §§601(1), 603(a), Oct. 20, 1998, 112 Stat. 2404, 2412; renumbered title VII, §701, Pub. L. 108–458, title VI, §6002(a)(1), Dec. 17, 2004, 118 Stat. 3743, which provided that the provisions of this Act [enacting this chapter, amending sections 2511, 2518, and 2519 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as a note below] (other than titles III, IV, and V [enacting subchapters II, III, and IV, respectively, of this chapter]) and the amendments made hereby shall become effective upon the date of enactment of this Act [Oct. 25, 1978], except that any electronic surveillance approved by the Attorney General to gather foreign intelligence information shall not be deemed unlawful for failure to follow the procedures of this Act, if that surveillance is terminated or an order approving that surveillance is obtained under title I of this Act [enacting this subchapter] within ninety days following the designation of the first judge pursuant to section 103 of this Act [section 1803 of this title], was repealed by Pub. L. 110–261, title I, §101(a)(1), July 10, 2008, 122 Stat. 2437.

Short Title of 2024 Amendment

Pub. L. 118–49, §1, Apr. 20, 2024, 138 Stat. 862, provided that: "This Act [enacting sections 1810a and 1881h of this title, amending this section and sections 1803 to 1805, 1809, 1810, 1823, 1824, 1842, 1862, 1871 to 1873, 1881 to 1881h, and 1885 of this title and sections 402 and 1623 of Title 18, Crimes and Criminal Procedure, enacting provisions set out as notes under this section and sections 1803, 1804, 1873, and 1881a of this title, amending provisions set out as notes under this section and section 1881 of this title and section 2511 of Title 18, and repealing provisions set out as a note under section 1881a of this title] may be cited as the 'Reforming Intelligence and Securing America Act'."

Short Title of 2018 Amendment

Pub. L. 115–118, §1(a), Jan. 19, 2018, 132 Stat. 3, provided that: "This Act [amending sections 1803, 1805, 1807, 1822, 1842, 1843, 1846, 1861, 1873, 1874, 1881 to 1881g, 1885, 1885a, 3234, and 3341 of this title, section 1924 of Title 18, Crimes and Criminal Procedure, and sections 2000ee and 2000ee–1 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section and sections 1881 and 1881a of this title and section 2303 of Title 5, Government Organization and Employees, and amending provisions set out as notes under this section and section 1881 of this title and section 2511 of Title 18] may be cited as the 'FISA Amendments Reauthorization Act of 2017'."

Short Title of 2015 Amendment

Pub. L. 114–23, §1(a), June 2, 2015, 129 Stat. 268, provided that: "This Act [see Tables for classification] may be cited as the 'Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2015' or the 'USA FREEDOM Act of 2015'."

Short Title of 2012 Amendment

Pub. L. 112–238, §1, Dec. 30, 2012, 126 Stat. 1631, provided that: "This Act [amending sections 1881 to 1881g of this title and provisions set out as notes under this section, section 1881 of this title, and section 2511 of Title 18, Crimes and Criminal Procedure] may be cited as the 'FISA Amendments Act Reauthorization Act of 2012'."

Short Title of 2011 Amendment

Pub. L. 112–14, §1, May 26, 2011, 125 Stat. 216, provided that: "This Act [amending sections 1805, 1861, and 1862 of this title and provisions set out as notes under this section and section 1805 of this title] may be cited as the 'PATRIOT Sunsets Extension Act of 2011'."

Pub. L. 112–3, §1, Feb. 25, 2011, 125 Stat. 5, provided that: "This Act [amending sections 1805, 1861, and 1862 of this title and provisions set out as notes under this section and section 1805 of this title] may be cited as the 'FISA Sunsets Extension Act of 2011'."

Short Title of 2008 Amendment

Pub. L. 110–261, §1(a), July 10, 2008, 122 Stat. 2436, provided that: "This Act [enacting section 1812 and subchapters VI and VII of this chapter, amending this section, sections 1803 to 1805, 1806, 1808, 1809, 1821 to 1825, 1843, and 1871 of this title, and section 2511 of Title 18, Crimes and Criminal Procedure, repealing sections 1805a to 1805c of this title and subchapter VI of this chapter, enacting provisions set out as notes under this section, section 1881 of this title, and section 2511 of Title 18, amending provisions set out as a note under section 1803 of this title, and repealing provisions set out as a note under this section] may be cited as the 'Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008' or the 'FISA Amendments Act of 2008'."

Short Title of 2007 Amendment

Pub. L. 110–55, §1, Aug. 5, 2007, 121 Stat. 552, provided that: "This Act [enacting sections 1805a to 1805c of this title, amending section 1803 of this title, and enacting provisions set out as a note under section 1803 of this title] may be cited as the 'Protect America Act of 2007'."

Short Title of 2000 Amendment

Pub. L. 106–567, title VI, §601, Dec. 27, 2000, 114 Stat. 2850, provided that: "This title [enacting section 9A of the Classified Information Procedures Act, set out in the Appendix to Title 18, Crimes and Criminal Procedure, amending sections 402a, 1804, 1805, 1808, 1823, and 1824 of this title, and enacting provisions set out as notes under this section and section 1806 of this title] may be cited as the 'Counterintelligence Reform Act of 2000'."

Short Title

Pub. L. 95–511, §1, Oct. 25, 1978, 92 Stat. 1783, provided in part: "That this Act [enacting this chapter, amending sections 2511, 2518, and 2519 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as a note above] may be cited as the 'Foreign Intelligence Surveillance Act of 1978'."

Severability

Pub. L. 118–49, §18(d)(1), Apr. 20, 2024, 138 Stat. 891, provided that: "If any provision of this Act [see Short Title of 2024 Amendment note set out above], any amendment made by this Act, or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act, of any such amendments, and of the application of such provisions to other persons and circumstances shall not be affected thereby."

Pub. L. 115–118, title II, §206, Jan. 19, 2018, 132 Stat. 22, provided that: "If any provision of this Act [see Short Title of 2018 Amendment note set out above], any amendment made by this Act, or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act, of any such amendments, and of the application of such provisions to other persons and circumstances shall not be affected thereby."

Pub. L. 110–261, title IV, §401, July 10, 2008, 122 Stat. 2473, provided that: "If any provision of this Act [see Short Title of 2008 Amendment note above], any amendment made by this Act, or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act, of any such amendments, and of the application of such provisions to other persons and circumstances shall not be affected thereby."

Pub. L. 106–567, title VI, §608, Dec. 27, 2000, 114 Stat. 2856, provided that: "If any provision of this title [see Short Title of 2000 Amendment note above] (including an amendment made by this title), or the application thereof, to any person or circumstance, is held invalid, the remainder of this title (including the amendments made by this title), and the application thereof, to other persons or circumstances shall not be affected thereby."

Accountability Measures for Executive Leadership of Federal Bureau of Investigation

Pub. L. 118–49, §12(b), Apr. 20, 2024, 138 Stat. 880, provided that:

"(1) Measures required.—The Director of the Federal Bureau of Investigation shall ensure that, as soon as practicable following the date of enactment of this Act [Apr. 20, 2024], there are in effect measures for holding the executive leadership of each covered component appropriately accountable for ensuring compliance with covered procedures by the personnel of the Federal Bureau of Investigation assigned to that covered component. Such measures shall include a requirement for an annual evaluation of the executive leadership of each such covered component with respect to ensuring such compliance during the preceding year.

"(2) Briefings required.—

"(A) Briefings.—Not later than December 31 of each calendar year, the Federal Bureau of Investigation shall provide to the appropriate congressional committees a briefing on the implementation of paragraph (1).

"(B) Matters.—Each briefing under subparagraph (A) shall include, with respect to the period covered by the briefing, the following:

"(i) A description of specific measures under paragraph (1) that the Federal Bureau of Investigation has implemented.

"(ii) A description of specific measures under such subsection that the Federal Bureau of Investigation has proposed to be implemented or modified, and the timeline for such proposed implementation or modification.

"(iii) A summary of compliance with covered procedures by the personnel of the Federal Bureau of Investigation, disaggregated by covered component, and a description of any adverse personnel actions taken against, or other actions taken to ensure the appropriate accountability of, the executive leadership of covered components that underperformed with respect to ensuring such compliance.

"(3) Definitions.—In this subsection:

"(A) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(i) the congressional intelligence committees, as such term is defined in subsection (b) of section 701 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881) on the date of enactment of this Act; and

"(ii) the Committees on the Judiciary of the House of Representatives and the Senate.

"(B) Covered component.—The term 'covered component' means a field office, Headquarters division, or other element of the Federal Bureau of Investigation with personnel who, for any period during which section 702 [50 U.S.C. 1881a] is in effect, have access to the unminimized contents of communications obtained through acquisitions authorized under section 702(a).

"(C) Covered procedure.—The term 'covered procedure'—

"(i) means any procedure governing the use of authorities under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.); and

"(ii) includes querying procedures and minimization procedures adopted pursuant to such Act.

"(D) Executive leadership.—The term 'executive leadership' includes—

"(i) with respect to a field office of the Federal Bureau of Investigation, an Assistant Director in Charge or Special Agent in Charge of the field office; and

"(ii) with respect to a division of the Federal Bureau of Investigation Headquarters, an Assistant Director of the division."

Transition Procedures

Pub. L. 110–261, title IV, §404, July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, §2(b), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title I, §101(b)(3), title II, §201(b), Jan. 19, 2018, 132 Stat. 8, 19; Pub. L. 118–31, div. G, title IX, §7902(b), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, §19(b), Apr. 20, 2024, 138 Stat. 891, provided that:

"(a) Transition Procedures for Protect America Act of 2007 Provisions.—

"(1) Continued effect of orders, authorizations, directives.—Except as provided in paragraph (7), notwithstanding any other provision of law, any order, authorization, or directive issued or made pursuant to section 105B of the Foreign Intelligence Surveillance Act of 1978 [50 U.S.C. 1805b], as added by section 2 of the Protect America Act of 2007 (Public Law 110–55; 121 Stat. 552), shall continue in effect until the expiration of such order, authorization, or directive.

"(2) Applicability of protect america act of 2007 to continued orders, authorizations, directives.—Notwithstanding any other provision of this Act [see Short Title of 2008 Amendment note above], any amendment made by this Act, or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)—

"(A) subject to paragraph (3), section 105A of such Act [50 U.S.C. 1805a], as added by section 2 of the Protect America Act of 2007 (Public Law 110–55; 121 Stat. 552), shall continue to apply to any acquisition conducted pursuant to an order, authorization, or directive referred to in paragraph (1); and

"(B) sections 105B and 105C of the Foreign Intelligence Surveillance Act of 1978 [50 U.S.C. 1805b, 1805c], as added by sections 2 and 3, respectively, of the Protect America Act of 2007, shall continue to apply with respect to an order, authorization, or directive referred to in paragraph (1) until the later of—

"(i) the expiration of such order, authorization, or directive; or

"(ii) the date on which final judgment is entered for any petition or other litigation relating to such order, authorization, or directive.

"(3) Use of information.—Information acquired from an acquisition conducted pursuant to an order, authorization, or directive referred to in paragraph (1) shall be deemed to be information acquired from an electronic surveillance pursuant to title I of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) for purposes of section 106 of such Act (50 U.S.C. 1806), except for purposes of subsection (j) of such section.

"(4) Protection from liability.—Subsection (l) of section 105B of the Foreign Intelligence Surveillance Act of 1978 [50 U.S.C. 1805b(l)], as added by section 2 of the Protect America Act of 2007, shall continue to apply with respect to any directives issued pursuant to such section 105B.

"(5) Jurisdiction of foreign intelligence surveillance court.—Notwithstanding any other provision of this Act or of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), section 103(e) of the Foreign Intelligence Surveillance Act [of 1978] (50 U.S.C. 1803(e)), as amended by section 5(a) of the Protect America Act of 2007 (Public Law 110–55; 121 Stat. 556), shall continue to apply with respect to a directive issued pursuant to section 105B of the Foreign Intelligence Surveillance Act of 1978 [50 U.S.C. 1805b], as added by section 2 of the Protect America Act of 2007, until the later of—

"(A) the expiration of all orders, authorizations, or directives referred to in paragraph (1); or

"(B) the date on which final judgment is entered for any petition or other litigation relating to such order, authorization, or directive.

"(6) Reporting requirements.—

"(A) Continued applicability.—Notwithstanding any other provision of this Act, any amendment made by this Act, the Protect America Act of 2007 (Public Law 110–55) [see Short Title of 2007 Amendment note above], or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), section 4 of the Protect America Act of 2007 [121 Stat. 555] shall continue to apply until the date that the certification described in subparagraph (B) is submitted.

"(B) Certification.—The certification described in this subparagraph is a certification—

"(i) made by the Attorney General;

"(ii) submitted as part of a semi-annual report required by section 4 of the Protect America Act of 2007;

"(iii) that states that there will be no further acquisitions carried out under section 105B of the Foreign Intelligence Surveillance Act of 1978 [50 U.S.C. 1805b], as added by section 2 of the Protect America Act of 2007, after the date of such certification; and

"(iv) that states that the information required to be included under such section 4 relating to any acquisition conducted under such section 105B has been included in a semi-annual report required by such section 4.

"(7) Replacement of orders, authorizations, and directives.—

"(A) In general.—If the Attorney General and the Director of National Intelligence seek to replace an authorization issued pursuant to section 105B of the Foreign Intelligence Surveillance Act of 1978 [50 U.S.C. 1805b], as added by section 2 of the Protect America Act of 2007 (Public Law 110–55), with an authorization under section 702 of the Foreign Intelligence Surveillance Act of 1978 [50 U.S.C. 1881a] (as added by section 101(a) of this Act), the Attorney General and the Director of National Intelligence shall, to the extent practicable, submit to the Foreign Intelligence Surveillance Court (as such term is defined in section 701(b)(2) of such Act [50 U.S.C. 1881(b)(2)] (as so added)) a certification prepared in accordance with subsection (g) [now subsection (h)] of such section 702 and the procedures adopted in accordance with subsections (d) and (e) of such section 702 at least 30 days before the expiration of such authorization.

"(B) Continuation of existing orders.—If the Attorney General and the Director of National Intelligence seek to replace an authorization made pursuant to section 105B of the Foreign Intelligence Surveillance Act of 1978, as added by section 2 of the Protect America Act of 2007 (Public Law 110–55; 121 Stat. 522), by filing a certification in accordance with subparagraph (A), that authorization, and any directives issued thereunder and any order related thereto, shall remain in effect, notwithstanding the expiration provided for in subsection (a) of such section 105B, until the Foreign Intelligence Surveillance Court (as such term is defined in section 701(b)(2) of the Foreign Intelligence Surveillance Act of 1978 (as so added)) issues an order with respect to that certification under section 702(j)(3) of such Act (as so added) at which time the provisions of that section and of section 702(j)(4) of such Act (as so added) shall apply.

"(8) Effective date.—Paragraphs (1) through (7) shall take effect as if enacted on August 5, 2007.

"(b) Transition Procedures for FISA Amendments Act of 2008 Provisions.—

"(1) Orders in effect on two years after april 20, 2024.—Notwithstanding any other provision of this Act, any amendment made by this Act, or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), any order, authorization, or directive issued or made under title VII of the Foreign Intelligence Surveillance Act of 1978 [50 U.S.C. 1881 et seq.], as amended by section 101(a) and by the FISA Amendments Reauthorization Act of 2017 [Pub. L. 115–118, see Short Title of 2018 Amendment note set out above] and the Reforming Intelligence and Securing America Act [Pub. L. 118–49, see Short Title of 2024 Amendment note set out above], shall continue in effect until the date of the expiration of such order, authorization, or directive.

"(2) Applicability of title vii of fisa to continued orders, authorizations, directives.—Notwithstanding any other provision of this Act, any amendment made by this Act, or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), with respect to any order, authorization, or directive referred to in paragraph (1), title VII of such Act, as amended by section 101(a) and by the FISA Amendments Reauthorization Act of 2017 and the Reforming Intelligence and Securing America Act, shall continue to apply until the later of—

"(A) the expiration of such order, authorization, or directive; or

"(B) the date on which final judgment is entered for any petition or other litigation relating to such order, authorization, or directive.

"(3) Challenge of directives; protection from liability; use of information.—Notwithstanding any other provision of this Act or of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)—

"(A) section 103(e) of such Act [50 U.S.C. 1803(e)], as amended by section 403(a)(1)(B)(ii), shall continue to apply with respect to any directive issued pursuant to section 702(i) of such Act [50 U.S.C. 1881a(i)], as added by section 101(a);

"(B) section 702(i)(3) of such Act (as so added) shall continue to apply with respect to any directive issued pursuant to section 702(i) of such Act (as so added);

"(C) section 703(e) of such Act [50 U.S.C. 1881b(e)] (as so added) shall continue to apply with respect to an order or request for emergency assistance under that section;

"(D) section 706 of such Act [50 U.S.C. 1881e] (as so added) shall continue to apply to an acquisition conducted under section 702 or 703 of such Act (as so added); and

"(E) section 2511(2)(a)(ii)(A) of title 18, United States Code, as amended by section 101(c)(1), shall continue to apply to an order issued pursuant to section 704 of the Foreign Intelligence Surveillance Act of 1978, [50 U.S.C. 1881c] as added by section 101(a).

"(4) Reporting requirements.—

"(A) Continued applicability.—Notwithstanding any other provision of this Act or of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), section 601(a) of such Act (50 U.S.C. 1871(a)), as amended by section 101(c)(2), and sections 702(m) and 707 of such Act, [50 U.S.C. 1881a(m), 1881f] as added by section 101(a) and amended by the FISA Amendments Reauthorization Act of 2017 and the Reforming Intelligence and Securing America Act, shall continue to apply until the date that the certification described in subparagraph (B) is submitted.

"(B) Certification.—The certification described in this subparagraph is a certification—

"(i) made by the Attorney General;

"(ii) submitted to the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the Committees on the Judiciary of the Senate and the House of Representatives;

"(iii) that states that there will be no further acquisitions carried out under title VII of the Foreign Intelligence Surveillance Act of 1978 [50 U.S.C. 1881 et seq.], as amended by section 101(a) and by the FISA Amendments Reauthorization Act of 2017 and the Reforming Intelligence and Securing America Act, after the date of such certification; and

"(iv) that states that the information required to be included in a review, assessment, or report under section 601 of such Act [50 U.S.C. 1871], as amended by section 101(c), or section 702(m) or 707 of such Act, as added by section 101(a) and amended by the FISA Amendments Reauthorization Act of 2017 and the Reforming Intelligence and Securing America Act, relating to any acquisition conducted under title VII of such Act, as amended by section 101(a) and by the FISA Amendments Reauthorization Act of 2017 and the Reforming Intelligence and Securing America Act, has been included in a review, assessment, or report under such section 601, 702(l) [now 702(m)], or 707.

"(5) Transition procedures concerning the targeting of united states persons overseas.—Any authorization in effect on the date of enactment of this Act [July 10, 2008] under section 2.5 of Executive Order 12333 [50 U.S.C. 3001 note] to intentionally target a United States person reasonably believed to be located outside the United States shall continue in effect, and shall constitute a sufficient basis for conducting such an acquisition targeting a United States person located outside the United States until the earlier of—

"(A) the date that authorization expires; or

"(B) the date that is 90 days after the date of the enactment of this Act [July 10, 2008]."

Executive Documents

Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

§1802. Electronic surveillance authorization without court order; certification by Attorney General; reports to Congressional committees; transmittal under seal; duties and compensation of communication common carrier; applications; jurisdiction of court

(a)(1) Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for periods of up to one year if the Attorney General certifies in writing under oath that—

(A) the electronic surveillance is solely directed at—

(i) the acquisition of the contents of communications transmitted by means of communications used exclusively between or among foreign powers, as defined in section 1801(a)(1), (2), or (3) of this title; or

(ii) the acquisition of technical intelligence, other than the spoken communications of individuals, from property or premises under the open and exclusive control of a foreign power, as defined in section 1801(a)(1), (2), or (3) of this title;

(B) there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party; and

(C) the proposed minimization procedures with respect to such surveillance meet the definition of minimization procedures under section 1801(h) of this title; and

if the Attorney General reports such minimization procedures and any changes thereto to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence at least thirty days prior to their effective date, unless the Attorney General determines immediate action is required and notifies the committees immediately of such minimization procedures and the reason for their becoming effective immediately.

(2) An electronic surveillance authorized by this subsection may be conducted only in accordance with the Attorney General's certification and the minimization procedures adopted by him. The Attorney General shall assess compliance with such procedures and shall report such assessments to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence under the provisions of section 1808(a) of this title.

(3) The Attorney General shall immediately transmit under seal to the court established under section 1803(a) of this title a copy of his certification. Such certification shall be maintained under security measures established by the Chief Justice with the concurrence of the Attorney General, in consultation with the Director of National Intelligence, and shall remain sealed unless—

(A) an application for a court order with respect to the surveillance is made under sections 1801(h)(4) and 1804 of this title; or

(B) the certification is necessary to determine the legality of the surveillance under section 1806(f) of this title.

(4) With respect to electronic surveillance authorized by this subsection, the Attorney General may direct a specified communication common carrier to—

(A) furnish all information, facilities, or technical assistance necessary to accomplish the electronic surveillance in such a manner as will protect its secrecy and produce a minimum of interference with the services that such carrier is providing its customers; and

(B) maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the surveillance or the aid furnished which such carrier wishes to retain.

The Government shall compensate, at the prevailing rate, such carrier for furnishing such aid.

(b) Applications for a court order under this subchapter are authorized if the President has, by written authorization, empowered the Attorney General to approve applications to the court having jurisdiction under section 1803 of this title, and a judge to whom an application is made may, notwithstanding any other law, grant an order, in conformity with section 1805 of this title, approving electronic surveillance of a foreign power or an agent of a foreign power for the purpose of obtaining foreign intelligence information, except that the court shall not have jurisdiction to grant any order approving electronic surveillance directed solely as described in paragraph (1)(A) of subsection (a) unless such surveillance may involve the acquisition of communications of any United States person.

(Pub. L. 95–511, title I, §102, Oct. 25, 1978, 92 Stat. 1786; Pub. L. 108–458, title I, §1071(e), Dec. 17, 2004, 118 Stat. 3691; Pub. L. 111–259, title VIII, §806(a)(2), Oct. 7, 2010, 124 Stat. 2748.)

Editorial Notes

Amendments

2010—Subsec. (a)(3), (4)(B). Pub. L. 111–259 made technical amendment to directory language of Pub. L. 108–458. See 2004 Amendment note below.

2004—Subsec. (a)(3), (4)(B). Pub. L. 108–458, as amended by Pub. L. 111–259, substituted "Director of National Intelligence" for "Director of Central Intelligence".

Statutory Notes and Related Subsidiaries

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 3001 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 3001 of this title.

Executive Documents

Ex. Ord. No. 12139. Exercise of Certain Authority Respecting Electronic Surveillance

Ex. Ord. No. 12139, May 23, 1979, 44 F.R. 30311, as amended by Ex. Ord. No. 13383, §1, July 15, 2005, 70 F.R. 41933; Ex. Ord. No. 13475, §1, Oct. 7, 2008, 73 F.R. 60095, provided:

By the authority vested in me as President by Sections 102 and 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802 and 1804), in order to provide as set forth in that Act [this chapter] for the authorization of electronic surveillance for foreign intelligence purposes, it is hereby ordered as follows:

1–101. Pursuant to Section 102(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General is authorized to approve electronic surveillance to acquire foreign intelligence information without a court order, but only if the Attorney General makes the certifications required by that Section.

1–102. Pursuant to Section 102(b) of the Foreign Intelligence Act of 1978 (50 U.S.C. 1802(b)), the Attorney General is authorized to approve applications to the court having jurisdiction under Section 103 of that Act [50 U.S.C. 1803] to obtain orders for electronic surveillance for the purpose of obtaining foreign intelligence information.

1–103. Pursuant to Section 104(a)(6) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804(a)(6)), the following officials, each of whom is employed in the area of national security or defense, is designated to make the certifications required by Section 104(a)(6) of the Act in support of applications to conduct electronic surveillance:

(a) Secretary of State.

(b) Secretary of Defense.

(c) Director of National Intelligence.

(d) Director of the Federal Bureau of Investigation.

(e) Deputy Secretary of State.

(f) Deputy Secretary of Defense.

(g) Director of the Central Intelligence Agency.

(h) Principal Deputy Director of National Intelligence.

(i) Deputy Director of the Federal Bureau of Investigation.

None of the above officials, nor anyone officially acting in that capacity, may exercise the authority to make the above certifications, unless that official has been appointed by the President with the advice and consent of the Senate. The requirement of the preceding sentence that the named official must be appointed by the President with the advice and consent of the Senate does not apply to the Deputy Director of the Federal Bureau of Investigation.

[1–104, 1–105. Amended Ex. Ord. No. 12036, formerly set out under section 401 (now 3001) of this title.]

§1803. Designation of judges

(a) Court to hear applications and grant orders; record of denial; transmittal to court of review

(1) The Chief Justice of the United States shall publicly designate 11 district court judges from at least seven of the United States judicial circuits of whom no fewer than 3 shall reside within 20 miles of the District of Columbia who shall constitute a court which shall have jurisdiction to hear applications for and grant orders approving electronic surveillance anywhere within the United States under the procedures set forth in this chapter, except that no judge designated under this subsection (except when sitting en banc under paragraph (2)) shall hear the same application for electronic surveillance under this chapter which has been denied previously by another judge designated under this subsection. If any judge so designated denies an application for an order authorizing electronic surveillance under this chapter, such judge shall provide immediately for the record a written statement of each reason for his decision and, on motion of the United States, the record shall be transmitted, under seal, to the court of review established in subsection (b).

(2)(A) The court established under this subsection may, on its own initiative, or upon the request of the Government in any proceeding or a party under section 1861(f) ¹ of this title or paragraph (4) or (5) of section 1881a(i) of this title, hold a hearing or rehearing, en banc, when ordered by a majority of the judges that constitute such court upon a determination that—

(i) en banc consideration is necessary to secure or maintain uniformity of the court's decisions; or

(ii) the proceeding involves a question of exceptional importance.

(B) Any authority granted by this chapter to a judge of the court established under this subsection may be exercised by the court en banc. When exercising such authority, the court en banc shall comply with any requirements of this chapter on the exercise of such authority.

(C) For purposes of this paragraph, the court en banc shall consist of all judges who constitute the court established under this subsection.

(b) Court of review; record, transmittal to Supreme Court

The Chief Justice shall publicly designate three judges, one of whom shall be publicly designated as the presiding judge, from the United States district courts or courts of appeals who together shall comprise a court of review which shall have jurisdiction to review the denial of any application made under this chapter. If such court determines that the application was properly denied, the court shall provide for the record a written statement of each reason for its decision and, on petition of the United States for a writ of certiorari, the record shall be transmitted under seal to the Supreme Court, which shall have jurisdiction to review such decision.

(c) Expeditious conduct of proceedings; security measures for maintenance of records

Proceedings under this chapter shall be conducted as expeditiously as possible, and hearings shall be transcribed. The record of proceedings under this chapter, including applications made, transcriptions of hearings, and orders granted, shall be maintained under security measures established by the Chief Justice in consultation with the Attorney General and the Director of National Intelligence. Transcriptions and any related records, including testimony and affidavits, shall be stored in a file associated with the relevant application or order.

(d) Tenure

Each judge designated under this section shall so serve for a maximum of seven years and shall not be eligible for redesignation, except that the judges first designated under subsection (a) shall be designated for terms of from one to seven years so that one term expires each year, and that judges first designated under subsection (b) shall be designated for terms of three, five, and seven years.

(e) Jurisdiction and procedures for review of petitions

(1) Three judges designated under subsection (a) who reside within 20 miles of the District of Columbia, or, if all of such judges are unavailable, other judges of the court established under subsection (a) as may be designated by the presiding judge of such court, shall comprise a petition review pool which shall have jurisdiction to review petitions filed pursuant to section 1861(f)(1) ¹ or 1881a(i)(4) of this title.

(2) Not later than 60 days after March 9, 2006, the court established under subsection (a) shall adopt and, consistent with the protection of national security, publish procedures for the review of petitions filed pursuant to section 1861(f)(1) ¹ or 1881a(i)(4) of this title by the panel established under paragraph (1). Such procedures shall provide that review of a petition shall be conducted in camera and shall also provide for the designation of an acting presiding judge.

(f) Stay of order

(1) A judge of the court established under subsection (a), the court established under subsection (b) or a judge of that court, or the Supreme Court of the United States or a justice of that court, may, in accordance with the rules of their respective courts, enter a stay of an order or an order modifying an order of the court established under subsection (a) or the court established under subsection (b) entered under any subchapter of this chapter, while the court established under subsection (a) conducts a rehearing, while an appeal is pending to the court established under subsection (b), or while a petition of certiorari is pending in the Supreme Court of the United States, or during the pendency of any review by that court.

(2) The authority described in paragraph (1) shall apply to an order entered under any provision of this chapter.

(g) Establishment and transmittal of rules and procedures

(1) The courts established pursuant to subsections (a) and (b) may establish such rules and procedures, and take such actions, as are reasonably necessary to administer their responsibilities under this chapter.

(2) The rules and procedures established under paragraph (1), and any modifications of such rules and procedures, shall be recorded, and shall be transmitted to the following:

(A) All of the judges on the court established pursuant to subsection (a).

(B) All of the judges on the court of review established pursuant to subsection (b).

(C) The Chief Justice of the United States.

(D) The Committee on the Judiciary of the Senate.

(E) The Select Committee on Intelligence of the Senate.

(F) The Committee on the Judiciary of the House of Representatives.

(G) The Permanent Select Committee on Intelligence of the House of Representatives.

(3) The transmissions required by paragraph (2) shall be submitted in unclassified form, but may include a classified annex.

(h) Compliance with orders, rules, and procedures

Nothing in this chapter shall be construed to reduce or contravene the inherent authority of a court established under this section to determine or enforce compliance with an order or a rule of such court or with a procedure approved by such court.

(i) Amicus curiae

(1) Designation

The presiding judges of the courts established under subsections (a) and (b) shall, not later than 180 days after June 2, 2015, jointly designate not fewer than 5 individuals to be eligible to serve as amicus curiae, who shall serve pursuant to rules the presiding judges may establish. In designating such individuals, the presiding judges may consider individuals recommended by any source, including members of the Privacy and Civil Liberties Oversight Board, the judges determine appropriate.

(2) Authorization

(A) In general

A court established under subsection (a) or (b), consistent with the requirement of subsection (c) and any other statutory requirement that the court act expeditiously or within a stated time—

(i) shall appoint one or more individuals who have been designated under paragraph (1) to serve as amicus curiae to assist such court in the consideration of any application for an order or review that, in the opinion of the court, presents a novel or significant interpretation of the law, unless the court issues a finding that such appointment is not appropriate;

(ii) may appoint one or more individuals or organizations to serve as amicus curiae, including to provide technical expertise, in any instance as such court deems appropriate or, upon motion, permit an individual or organization leave to file an amicus curiae brief; and

(iii) shall appoint one or more individuals who have been designated under paragraph (1) to serve as amicus curiae to assist such court in the consideration of any certification or procedures submitted for review pursuant to section 1881a of this title, including any amendments to such certifications or procedures, if the court established under subsection (a) has not appointed an individual under clause (i) or (ii), unless the court issues a finding that such appointment is not appropriate or is likely to result in undue delay.

(B) Expertise

In appointing one or more individuals under subparagraph (A)(iii), the court shall, to the maximum extent practicable, appoint an individual who possesses expertise in both privacy and civil liberties and intelligence collection.

(C) Timing

In the event that the court appoints one or more individuals or organizations pursuant to this paragraph to assist such court in a proceeding under section 1881a of this title, notwithstanding subsection (j)(1)(B) of such section, the court shall issue an order pursuant to subsection (j)(3) of such section as expeditiously as possible consistent with subsection (k)(1) of such section, but in no event later than 60 days after the date on which such certification, procedures, or amendments are submitted for the court's review, or later than 60 days after the court has issued an order appointing one or more individuals pursuant to this paragraph, whichever is earlier, unless a judge of that court issues an order finding that extraordinary circumstances necessitate additional time for review and that such extension of time is consistent with the national security.

(3) Qualifications of amicus curiae

(A) Expertise

Individuals designated under paragraph (1) shall be persons who possess expertise in privacy and civil liberties, intelligence collection, communications technology, or any other area that may lend legal or technical expertise to a court established under subsection (a) or (b).

(B) Security clearance

Individuals designated pursuant to paragraph (1) shall be persons who are determined to be eligible for access to classified information necessary to participate in matters before the courts. Amicus curiae appointed by the court pursuant to paragraph (2) shall be persons who are determined to be eligible for access to classified information, if such access is necessary to participate in the matters in which they may be appointed.

(4) Duties

If a court established under subsection (a) or (b) appoints an amicus curiae under paragraph (2), the amicus curiae shall—

(A) be limited to addressing the specific issues identified by the court; and

(B) provide to the court, as appropriate—

(i) legal arguments that advance the protection of individual privacy and civil liberties of United States persons;

(ii) information related to intelligence collection or communications technology; or

(iii) legal arguments or information regarding any other area relevant to the issue presented to the court.

(5) Assistance

An amicus curiae appointed under paragraph (2)(A) may request that the court designate or appoint additional amici curiae pursuant to paragraph (1) or paragraph (2), to be available to assist the amicus curiae.

(6) Access to information

(A) In general

If a court established under subsection (a) or (b) appoints an amicus curiae under paragraph (2), the amicus curiae—

(i) shall have access to any legal precedent, application, certification, petition, motion, or such other materials that the court determines are relevant to the duties of the amicus curiae; and

(ii) may, if the court determines that it is relevant to the duties of the amicus curiae, consult with any other individuals designated pursuant to paragraph (1) regarding information relevant to any assigned proceeding.

(B) Briefings

The Attorney General may periodically brief or provide relevant materials to individuals designated pursuant to paragraph (1) regarding constructions and interpretations of this chapter and legal, technological, and other issues related to actions authorized by this chapter.

(C) Classified information

An amicus curiae designated or appointed by the court may have access to classified documents, information, and other materials or proceedings only if that individual is eligible for access to classified information and to the extent consistent with the national security of the United States.

(D) Rule of construction

Nothing in this section shall be construed to require the Government to provide information to an amicus curiae appointed by the court that is privileged from disclosure.

(7) Notification

A presiding judge of a court established under subsection (a) or (b) shall notify the Attorney General of each exercise of the authority to appoint an individual to serve as amicus curiae under paragraph (2).

(8) Assistance

A court established under subsection (a) or (b) may request and receive (including on a nonreimbursable basis) the assistance of the executive branch in the implementation of this subsection.

(9) Administration

A court established under subsection (a) or (b) may provide for the designation, appointment, removal, training, or other support for an individual designated to serve as amicus curiae under paragraph (1) or appointed to serve as amicus curiae under paragraph (2) in a manner that is not inconsistent with this subsection.

(10) Receipt of information

Nothing in this subsection shall limit the ability of a court established under subsection (a) or (b) to request or receive information or materials from, or otherwise communicate with, the Government or amicus curiae appointed under paragraph (2) on an ex parte basis, nor limit any special or heightened obligation in any ex parte communication or proceeding.

(11) Compensation

Notwithstanding any other provision of law, a court established under subsection (a) or (b) may compensate an amicus curiae appointed under paragraph (2) for assistance provided under such paragraph as the court considers appropriate and at such rate as the court considers appropriate.

(j) Review of FISA court decisions

Following issuance of an order under this chapter, a court established under subsection (a) shall certify for review to the court established under subsection (b) any question of law that may affect resolution of the matter in controversy that the court determines warrants such review because of a need for uniformity or because consideration by the court established under subsection (b) would serve the interests of justice. Upon certification of a question of law under this subsection, the court established under subsection (b) may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.

(k) Review of FISA court of review decisions

(1) Certification

For purposes of section 1254(2) of title 28, the court of review established under subsection (b) shall be considered to be a court of appeals.

(2) Amicus curiae briefing

Upon certification of an application under paragraph (1), the Supreme Court of the United States may appoint an amicus curiae designated under subsection (i)(1), or any other person, to provide briefing or other assistance.

(l) Designation of counsel for certain applications

To assist the court in the consideration of any application for an order pursuant to section 1804 of this title that targets a United States person, the presiding judge designated under subsection (a) shall designate one or more attorneys to review such applications, and provide a written analysis to the judge considering the application, of—

(1) the sufficiency of the evidence used to make the probable cause determination under section 1805(a)(2) of this title;

(2) any material weaknesses, flaws, or other concerns in the application; and

(3) a recommendation as to the following, which the judge shall consider during a proceeding on the application in which such attorney is present, as appropriate—

(A) that the application should be approved, denied, or modified;

(B) that the Government should supply additional information in connection with such application; or

(C) that any requirements or conditions should be imposed on the Government for the approval of such application.

(m) Removal or suspension of Federal officers for misconduct before courts

An officer or employee of the United States Government who engages in intentional misconduct with respect to proceedings before the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review shall be subject to appropriate adverse actions, including, at minimum, suspension without pay or removal, up to and including termination.

(Pub. L. 95–511, title I, §103, Oct. 25, 1978, 92 Stat. 1788; Pub. L. 107–56, title II, §208, Oct. 26, 2001, 115 Stat. 283; Pub. L. 108–458, title I, §1071(e), Dec. 17, 2004, 118 Stat. 3691; Pub. L. 109–177, title I, §§106(f)(1), 109(d), Mar. 9, 2006, 120 Stat. 197, 205; Pub. L. 110–55, §5(a), Aug. 5, 2007, 121 Stat. 556; Pub. L. 110–261, title I, §109(a)–(b)(2)(A), (c), (d), title IV, §403(a)(1)(B)(ii), July 10, 2008, 122 Stat. 2464, 2465, 2474; Pub. L. 111–259, title VIII, §§801(2), 806(a)(2), Oct. 7, 2010, 124 Stat. 2746, 2748; Pub. L. 114–23, title IV, §401, June 2, 2015, 129 Stat. 279; Pub. L. 115–118, title I, §§101(b)(2)(A), 106, title II, §205(a)(1), (b)(1), Jan. 19, 2018, 132 Stat. 8, 13, 21, 22; Pub. L. 118–49, §§5(b), (c), 8(a), 17(a), Apr. 20, 2024, 138 Stat. 868, 869, 874, 884.)

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a), (b), (c), (f), (g)(1), (h), (i)(6)(B), and (j), was in the original "this Act", meaning Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

Section 1861(f) of this title, referred to in subsecs. (a)(2)(A) and (e), means section 1861(f) of this title prior to the amendment of section 1861 by Pub. L. 109–177, title I, §102(b), Mar. 9, 2006, 120 Stat. 195, set out as an Effective Date of 2006 Amendment note under section 1805 of this title, which amended section 1861 of this title, effective Mar. 15, 2020, so that such section read as it read on Oct. 25, 2001, with certain exceptions.

Amendments

2024—Subsec. (c). Pub. L. 118–49, §8(a), inserted ", and hearings shall be transcribed" after "as expeditiously as possible", ", transcriptions of hearings," after "applications made", and "Transcriptions and any related records, including testimony and affidavits, shall be stored in a file associated with the relevant application or order." at end.

Subsec. (i)(2). Pub. L. 118–49, §5(b)(1)(A), (B), (D), designated introductory provisions as subpar. (A), inserted heading, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and added subpars. (B) and (C).

Subsec. (i)(2)(A)(i). Pub. L. 118–49, §5(b)(1)(C)(i)(I), substituted "appoint one or more individuals who have" for "appoint an individual who has".

Subsec. (i)(2)(A)(ii). Pub. L. 118–49, §5(b)(1)(C)(ii)(I), substituted "appoint one or more individuals or organizations" for "appoint an individual or organization".

Subsec. (i)(2)(A)(iii). Pub. L. 118–49, §5(b)(1)(C)(i)(II), (ii)(II), (iii), added cl. (iii).

Subsec. (i)(4). Pub. L. 118–49, §5(b)(2)(C), (D), added subpars. (A) and (B) and redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, of subpar. (B).

Pub. L. 118–49, §5(b)(2)(A), (B), in introductory provisions, substituted "paragraph (2)" for "paragraph (2)(A)" and struck out "provide to the court, as appropriate after "shall".

Subsec. (i)(4)(B)(i). Pub. L. 118–49, §5(b)(2)(E), inserted "of United States persons" after "civil liberties".

Subsec. (l). Pub. L. 118–49, §5(c), added subsec. (l).

Subsec. (m). Pub. L. 118–49, §17(a), added subsec. (m).

2018—Subsec. (a)(2)(A). Pub. L. 115–118, §101(b)(2)(A), substituted "section 1881a(i)" for "section 1881a(h)".

Subsec. (b). Pub. L. 115–118, §205(b)(1)(A), struck out "immediately" before "provide for the record".

Pub. L. 115–118, §205(a)(1), which directed substitution of "designated as the" for "designate as the", could not be executed because the words "designate as the" do not appear.

Subsec. (e)(1), (2). Pub. L. 115–118, §101(b)(2)(A), which directed substitution of "section 1881a(i)" for "section 1881a(h)", was executed by substituting "1881a(i)(4)" for "1881a(h)(4)" to reflect the probable intent of Congress.

Subsec. (h). Pub. L. 115–118, §205(b)(1)(B), substituted "a court established under this section" for "the court established under subsection (a)".

Subsec. (i)(11). Pub. L. 115–118, §106, added par. (11).

2015—Subsecs. (i) to (k). Pub. L. 114–23 added subsecs. (i) to (k).

2010—Subsec. (c). Pub. L. 111–259, §806(a)(2), made technical amendment to directory language of Pub. L. 108–458. See 2004 Amendment note below.

Subsecs. (h), (i). Pub. L. 111–259, §801(2), redesignated subsec. (i) as (h).

2008—Subsec. (a). Pub. L. 110–261, §109(a)–(b)(2)(A), designated existing provisions as par. (1), inserted "at least" before "seven of the United States judicial circuits" and "(except when sitting en banc under paragraph (2))" before "shall hear", and added par. (2).

Subsec. (e)(1), (2). Pub. L. 110–261, §403(a)(1)(B)(ii), which directed substitution of "1861(f)(1) or 1881a(h)(4)" for "1805b(h) or 1861(f)(1)", was executed by making the substitution for "1861(f)(1)" to reflect the probable intent of Congress and termination of the temporary amendment by Pub. L. 110–55, §5(a). See 2007 Amendment note and Effective and Termination Dates of 2007 Amendment note below.

Subsecs. (f), (g). Pub. L. 110–261, §109(c), added subsec. (f) and redesignated former subsec. (f) as (g).

Subsec. (i). Pub. L. 110–261, §109(d), added subsec. (i).

2007—Subsec. (e). Pub. L. 110–55, §§5(a), 6(c), temporarily substituted "1805b(h) or 1861(f)(1)" for "1861(f)(1)" in pars. (1) and (2). See Effective and Termination Dates of 2007 Amendment note below.

2006—Subsecs. (e), (f). Pub. L. 109–177 added subsecs. (e) and (f).

2004—Subsec. (c). Pub. L. 108–458, as amended by Pub. L. 111–259, §806(a)(2), substituted "Director of National Intelligence" for "Director of Central Intelligence".

2001—Subsec. (a). Pub. L. 107–56 substituted "11 district court judges" for "seven district court judges" and inserted "of whom no fewer than 3 shall reside within 20 miles of the District of Columbia" after "judicial circuits".

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.

Effective and Termination Dates of 2007 Amendment

Pub. L. 110–55, §6, Aug. 5, 2007, 121 Stat. 556, as amended by Pub. L. 110–182, §1, Jan. 31, 2008, 122 Stat. 605; Pub. L. 110–261, title IV, §403(a)(3), July 10, 2008, 122 Stat. 2474, provided that:

"(a) Effective Date.—Except as otherwise provided, the amendments made by this Act [enacting sections 1805a to 1805c of this title and amending this section] shall take effect immediately after the date of the enactment of this Act [Aug. 5, 2007].

"[(b) Repealed. Pub. L. 110–261, title IV, §403(a)(3), July 10, 2008, 122 Stat. 2474.]

"(c) Sunset.—Except as provided in subsection (d), sections 2, 3, 4, and 5 of this Act [enacting sections 1805a to 1805c of this title and amending this section], and the amendments made by this Act [enacting sections 1805a to 1805c of this title and amending this section], shall cease to have effect 195 days after the date of the enactment of this Act.

"(d) Authorizations in Effect.—Authorizations for the acquisition of foreign intelligence information pursuant to the amendments made by this Act, and directives issued pursuant to such authorizations, shall remain in effect until their expiration. Such acquisitions shall be governed by the applicable provisions of such amendments and shall not be deemed to constitute electronic surveillance as that term is defined in section 101(f) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(f))."

[Repeal by Pub. L. 110–261 of section 6(b) of Pub. L. 110–55, set out above, effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.]

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 3001 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 3001 of this title.

Member Access to the Foreign Intelligence Surveillance Court and Foreign Intelligence Surveillance Court of Review

Pub. L. 118–49, §5(d), Apr. 20, 2024, 138 Stat. 870, provided that: "The chair and ranking minority member of each of the congressional intelligence committees, the chairs and ranking members of the Committees on the Judiciary of the House of Representatives and of the Senate, the Majority and Minority Leaders of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives shall be entitled to attend any proceeding of the Foreign Intelligence Surveillance Court or any proceeding of the Foreign Intelligence Surveillance Court of Review. Each person entitled to attend a proceeding pursuant to this paragraph may designate not more than 2 staff members of such committee or office to attend on their behalf, pursuant to such procedures as the Attorney General, in consultation with the Director of National Intelligence may establish."

¹ See References in Text note below.

§1804. Applications for court orders

(a) Submission by Federal officer; approval of Attorney General; contents

Each application for an order approving electronic surveillance under this subchapter shall be made by a Federal officer in writing upon oath or affirmation to a judge having jurisdiction under section 1803 of this title. Each application shall require the approval of the Attorney General based upon his finding that it satisfies the criteria and requirements of such application as set forth in this subchapter. It shall include—

(1) the identity of the Federal officer making the application;

(2) the identity, if known, or a description of the specific target of the electronic surveillance;

(3) a sworn statement of the facts and circumstances relied upon by the applicant to justify his belief that—

(A) the target of the electronic surveillance is a foreign power or an agent of a foreign power, and, in the case of a target that is a United States person alleged to be acting as an agent of a foreign power (as described in section 1801(b)(2)(B) of this title), that a violation of the criminal statutes of the United States as referred to in section 1801(b)(2)(B) of this title has occurred or is about to occur; and

(B) each of the facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power;

(4) a statement of the proposed minimization procedures;

(5) a description of the nature of the information sought and the type of communications or activities to be subjected to the surveillance;

(6) a certification or certifications by the Assistant to the President for National Security Affairs, an executive branch official or officials designated by the President from among those executive officers employed in the area of national security or defense and appointed by the President with the advice and consent of the Senate, or the Deputy Director of the Federal Bureau of Investigation, if designated by the President as a certifying official—

(A) that the certifying official deems the information sought to be foreign intelligence information;

(B) that a significant purpose of the surveillance is to obtain foreign intelligence information;

(C) that such information cannot reasonably be obtained by normal investigative techniques;

(D) that designates the type of foreign intelligence information being sought according to the categories described in section 1801(e) of this title;

(E) including a statement of the basis for the certification that—

(i) the information sought is the type of foreign intelligence information designated; and

(ii) such information cannot reasonably be obtained by normal investigative techniques; and ¹

(F) that none of the information included in the statement described in paragraph (3) was solely produced by, derived from information produced by, or obtained using the funds of, a political organization (as such term is defined in section 527 of title 26), unless—

(i) the political organization is clearly identified in the body of the statement described in paragraph (3);

(ii) the information has been corroborated; and

(iii) the investigative techniques used to corroborate the information are clearly identified in the body of the statement described in paragraph (3); and

(G) that none of the information included in the statement described in paragraph (3) is attributable to or derived from the content of a media source unless the statement includes a clear identification of each author of that content, and where applicable, the publisher of that content, information to corroborate that which was derived from the media source, and an explanation of the investigative techniques used to corroborate the information;

(7) a summary statement of the means by which the surveillance will be effected and a statement whether physical entry is required to effect the surveillance;

(8) a statement of the facts concerning all previous applications that have been made to any judge under this subchapter involving any of the persons, facilities, or places specified in the application, and the action taken on each previous application;

(9) a statement of the period of time for which the electronic surveillance is required to be maintained, and if the nature of the intelligence gathering is such that the approval of the use of electronic surveillance under this subchapter should not automatically terminate when the described type of information has first been obtained, a description of facts supporting the belief that additional information of the same type will be obtained thereafter; and ¹

(10) with respect to a target who is a United States person, a statement summarizing the investigative techniques carried out before making the application;

(11) in the case of an application for an extension of an order under this subchapter for a surveillance targeted against a United States person, a summary statement of the foreign intelligence information obtained pursuant to the original order (and any preceding extension thereof) as of the date of the application for the extension, or a reasonable explanation of the failure to obtain such information; and ¹

(12) a certification by the applicant or declarant that, to the best knowledge of the applicant or declarant, the Attorney General or a designated attorney for the Government has been apprised of all information that might reasonably—

(A) call into question the accuracy of the application or the reasonableness of any assessment in the application conducted by the department or agency on whose behalf the application is made; or

(B) otherwise raise doubts with respect to the findings required under section 1805(a) of this title.²

(13) non-cumulative information known to the applicant or declarant that is potentially exculpatory regarding the requested legal findings or any assessment in the application.

(b) Additional affidavits or certifications

The Attorney General may require any other affidavit or certification from any other officer in connection with the application.

(c) Additional information

The judge may require the applicant to furnish such other information as may be necessary to make the determinations required by section 1805 of this title.

(d) Personal review by Attorney General

(1)(A) Upon written request of the Director of the Federal Bureau of Investigation, the Secretary of Defense, the Secretary of State, the Director of National Intelligence, or the Director of the Central Intelligence Agency, the Attorney General shall personally review under subsection (a) an application under that subsection for a target described in section 1801(b)(2) of this title.

(B) Except when disabled or otherwise unavailable to make a request referred to in subparagraph (A), an official referred to in that subparagraph may not delegate the authority to make a request referred to in that subparagraph.

(C) Each official referred to in subparagraph (A) with authority to make a request under that subparagraph shall take appropriate actions in advance to ensure that delegation of such authority is clearly established in the event such official is disabled or otherwise unavailable to make such request.

(2)(A) If as a result of a request under paragraph (1) the Attorney General determines not to approve an application under the second sentence of subsection (a) for purposes of making the application under this section, the Attorney General shall provide written notice of the determination to the official making the request for the review of the application under that paragraph. Except when disabled or otherwise unavailable to make a determination under the preceding sentence, the Attorney General may not delegate the responsibility to make a determination under that sentence. The Attorney General shall take appropriate actions in advance to ensure that delegation of such responsibility is clearly established in the event the Attorney General is disabled or otherwise unavailable to make such determination.

(B) Notice with respect to an application under subparagraph (A) shall set forth the modifications, if any, of the application that are necessary in order for the Attorney General to approve the application under the second sentence of subsection (a) for purposes of making the application under this section.

(C) Upon review of any modifications of an application set forth under subparagraph (B), the official notified of the modifications under this paragraph shall modify the application if such official determines that such modification is warranted. Such official shall supervise the making of any modification under this subparagraph. Except when disabled or otherwise unavailable to supervise the making of any modification under the preceding sentence, such official may not delegate the responsibility to supervise the making of any modification under that preceding sentence. Each such official shall take appropriate actions in advance to ensure that delegation of such responsibility is clearly established in the event such official is disabled or otherwise unavailable to supervise the making of such modification.

(Pub. L. 95–511, title I, §104, Oct. 25, 1978, 92 Stat. 1788; Pub. L. 106–567, title VI, §602(a), Dec. 27, 2000, 114 Stat. 2851; Pub. L. 107–56, title II, §218, Oct. 26, 2001, 115 Stat. 291; Pub. L. 108–458, title I, §1071(e), Dec. 17, 2004, 118 Stat. 3691; Pub. L. 109–177, title I, §108(a)(1), Mar. 9, 2006, 120 Stat. 203; Pub. L. 110–261, title I, §104, July 10, 2008, 122 Stat. 2460; Pub. L. 111–259, title VIII, §806(a)(2), Oct. 7, 2010, 124 Stat. 2748; Pub. L. 118–49, §§6(a)(1), (b)(1), (c)(1), (d)(1), (e)(1), (f)(1), 10(a)(1), (b)(1), Apr. 20, 2024, 138 Stat. 870–873, 875, 877.)

Editorial Notes

Amendments

2024—Subsec. (a)(3). Pub. L. 118–49, §6(a)(1), substituted "a sworn statement of" for "a statement of" in introductory provisions.

Subsec. (a)(3)(A). Pub. L. 118–49, §6(f)(1), inserted before semicolon at end ", and, in the case of a target that is a United States person alleged to be acting as an agent of a foreign power (as described in section 1801(b)(2)(B) of this title), that a violation of the criminal statutes of the United States as referred to in section 1801(b)(2)(B) of this title has occurred or is about to occur".

Subsec. (a)(6)(F). Pub. L. 118–49, §6(b)(1), added subpar. (F).

Subsec. (a)(6)(G). Pub. L. 118–49, §6(c)(1), added subpar. (G).

Subsec. (a)(10). Pub. L. 118–49, §6(d)(1), added par. (10).

Subsec. (a)(11). Pub. L. 118–49, §6(e)(1), added par. (11).

Subsec. (a)(12). Pub. L. 118–49, §10(a)(1), added par. (12).

Subsec. (a)(13). Pub. L. 118–49, §10(b)(1), added par. (13).

2010—Subsec. (e)(1)(A). Pub. L. 111–259 made technical amendment to directory language of Pub. L. 108–458, §1071(e). See 2004 Amendment note below.

2008—Subsec. (a)(2) to (4). Pub. L. 110–261, §104(1)(A), (B), redesignated pars. (3) to (5) as (2) to (4), respectively, and struck out former par. (2) which read as follows: "the authority conferred on the Attorney General by the President of the United States and the approval of the Attorney General to make the application;".

Subsec. (a)(5). Pub. L. 110–261, §104(1)(B), (C), redesignated par. (6) as (5) and struck out "detailed" before "description". Former par. (5) redesignated (4).

Subsec. (a)(6). Pub. L. 110–261, §104(1)(B), (D), redesignated par. (7) as (6) and substituted "Affairs," for "Affairs or" and "Senate, or the Deputy Director of the Federal Bureau of Investigation, if designated by the President as a certifying official—" for "Senate—" in introductory provisions. Former par. (6) redesignated (5).

Subsec. (a)(7). Pub. L. 110–261, §104(1)(B), (E), redesignated par. (8) as (7) and substituted "summary statement of" for "statement of". Former par. (7) redesignated (6).

Subsec. (a)(8) to (11). Pub. L. 110–261, §104(1)(A), (B), redesignated pars. (9) and (10) as (8) and (9), respectively, and struck out par. (11) which read as follows: "whenever more than one electronic, mechanical or other surveillance device is to be used with respect to a particular proposed electronic surveillance, the coverage of the devices involved and what minimization procedures apply to information acquired by each device." Former par. (8) redesignated (7).

Subsecs. (b) to (e). Pub. L. 110–261, §104(2)–(4), redesignated subsecs. (c) to (e) as (b) to (d), respectively, in subsec. (d)(1)(A) substituted "the Director of National Intelligence, or the Director of the Central Intelligence Agency" for "or the Director of National Intelligence", and struck out former subsec. (b) which related to exclusion of certain information respecting foreign power targets.

2006—Subsec. (a)(3). Pub. L. 109–177 inserted "specific" before "target".

2004—Subsec. (e)(1)(A). Pub. L. 108–458, §1071(e), as amended by Pub. L. 111–259, substituted "Director of National Intelligence" for "Director of Central Intelligence".

2001—Subsec. (a)(7)(B). Pub. L. 107–56 substituted "a significant purpose" for "the purpose".

2000—Subsec. (e). Pub. L. 106–567 added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2024 Amendment

Pub. L. 118–49, §6(a)(5), Apr. 20, 2024, 138 Stat. 870, provided that: "The amendments made by this subsection [amending this section and sections 1823, 1881b, and 1881c of this title] shall apply with respect to applications made on or after the date that is 120 days after the date of enactment of this Act [Apr. 20, 2024]."

Pub. L. 118–49, §6(b)(3), Apr. 20, 2024, 138 Stat. 871, provided that: "The amendments made by this subsection [amending this section and section 1823 of this title] shall apply with respect to applications made on or after the date that is 120 days after the date of enactment of this Act [Apr. 20, 2024]."

Pub. L. 118–49, §6(c)(3), Apr. 20, 2024, 138 Stat. 872, provided that: "The amendments made by this subsection [amending this section and section 1823 of this title] shall apply with respect to applications made on or after the date that is 120 days after the date of enactment of this Act [Apr. 20, 2024]."

Pub. L. 118–49, §6(d)(2), Apr. 20, 2024, 138 Stat. 872, provided that: "The amendments made by this subsection [amending this section] shall apply with respect to applications made on or after the date that is 120 days after the date of enactment of this Act [Apr. 20, 2024]."

Pub. L. 118–49, §6(e)(3), Apr. 20, 2024, 138 Stat. 873, provided that: "The amendments made by this subsection [amending this section and section 1823 of this title] shall apply with respect to applications made on or after the date that is 120 days after the date of enactment of this Act [Apr. 20, 2024]."

Pub. L. 118–49, §6(f)(3), Apr. 20, 2024, 138 Stat. 873, provided that: "The amendments made by this subsection [amending this section and section 1823 of this title] shall apply with respect to applications made on or after the date that is 120 days after the date of enactment of this Act [Apr. 20, 2024]."

Pub. L. 118–49, §10(a)(6), Apr. 20, 2024, 138 Stat. 877, provided that: "The amendments made by this subsection [amending this section and sections 1823, 1842, 1862, 1881b, and 1881c of this title] shall apply with respect to applications made on or after the date that is 120 days after the date of enactment of this Act [Apr. 20, 2024]."

Pub. L. 118–49, §10(b)(6), Apr. 20, 2024, 138 Stat. 878, provided that: "The amendments made by this subsection [amending this section and sections 1823, 1842, 1862, 1881b, and 1881c] shall apply with respect to applications made on or after the date that is 120 days after the date of enactment of this Act [Apr. 20, 2024]."

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.

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 3001 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 3001 of this title.

Accuracy Procedures

Pub. L. 118–49, §10(a)(7), Apr. 20, 2024, 138 Stat. 877, provided that: "Not later than 180 days after the date of the enactment of this Act [Apr. 20, 2024], the Attorney General, in consultation with the Director of the Federal Bureau of Investigation, shall issue procedures governing the review of case files, as appropriate, to ensure that applications to the Foreign Intelligence Surveillance Court under title I or III of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.[, 1821 et seq.]) that target United States persons are accurate and complete."

Executive Documents

Designation of Certain Officials To Make Certifications

For designation of certain officials to make certifications required by subsec. (a)(7) of this section, see Ex. Ord. No. 12139, May 23, 1979, 44 F.R. 30311, set out under section 1802 of this title.

¹ So in original. The word "and" probably should not appear.

² So in original. The period probably should be "; and".

§1805. Issuance of order

(a) Necessary findings

Upon an application made pursuant to section 1804 of this title, the judge shall enter an ex parte order as requested or as modified approving the electronic surveillance if he finds that—

(1) the application has been made by a Federal officer and approved by the Attorney General;

(2) on the basis of the facts submitted by the applicant there is probable cause to believe that—

(A) the target of the electronic surveillance is a foreign power or an agent of a foreign power: Provided, That no United States person may be considered a foreign power or an agent of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States; and

(B) each of the facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power;

(3) the proposed minimization procedures meet the definition of minimization procedures under section 1801(h) of this title; and

(4) the application which has been filed contains all statements and certifications required by section 1804 of this title and, if the target is a United States person, the certification or certifications are not clearly erroneous on the basis of the statement made under section 1804(a)(7)(E) ¹ of this title and any other information furnished under section 1804(d) ¹ of this title.

(b) Determination of probable cause

In determining whether or not probable cause exists for purposes of an order under subsection (a)(2), a judge may consider past activities of the target, as well as facts and circumstances relating to current or future activities of the target.

(c) Specifications and directions of orders

(1) Specifications.—

An order approving an electronic surveillance under this section shall specify—

(A) the identity, if known, or a description of the specific target of the electronic surveillance identified or described in the application pursuant to section 1804(a)(3) of this title;

(B) the nature and location of each of the facilities or places at which the electronic surveillance will be directed, if known;

(C) the type of information sought to be acquired and the type of communications or activities to be subjected to the surveillance;

(D) the means by which the electronic surveillance will be effected and whether physical entry will be used to effect the surveillance; and

(E) the period of time during which the electronic surveillance is approved.

(2) direct— ²

(A) that the minimization procedures be followed;

(B) that, upon the request of the applicant, a specified communication or other common carrier, landlord, custodian, or other specified person furnish the applicant forthwith all information, facilities, or technical assistance necessary to accomplish the electronic surveillance in such a manner as will protect its secrecy and produce a minimum of interference with the services that such carrier, landlord, custodian, or other person is providing that target of electronic surveillance;

(C) that such carrier, landlord, custodian, or other person maintain under security procedures approved by the Attorney General and the Director of Central Intelligence any records concerning the surveillance or the aid furnished that such person wishes to retain; and

(D) that the applicant compensate, at the prevailing rate, such carrier, landlord, custodian, or other person for furnishing such aid.

(3) Special directions for certain orders.—

An order approving an electronic surveillance under this section in circumstances where the nature and location of each of the facilities or places at which the surveillance will be directed is unknown shall direct the applicant to provide notice to the court within ten days after the date on which surveillance begins to be directed at any new facility or place, unless the court finds good cause to justify a longer period of up to 60 days, of—

(A) the nature and location of each new facility or place at which the electronic surveillance is directed;

(B) the facts and circumstances relied upon by the applicant to justify the applicant's belief that each new facility or place at which the electronic surveillance is directed is or was being used, or is about to be used, by the target of the surveillance;

(C) a statement of any proposed minimization procedures that differ from those contained in the original application or order, that may be necessitated by a change in the facility or place at which the electronic surveillance is directed; and

(D) the total number of electronic surveillances that have been or are being conducted under the authority of the order.

(d) Duration of order; extensions; review of circumstances under which information was acquired, retained or disseminated

(1) An order issued under this section may approve an electronic surveillance for the period necessary to achieve its purpose, or for ninety days, whichever is less, except that (A) an order under this section shall approve an electronic surveillance targeted against a foreign power for the period specified in the application or for one year, whichever is less, and (B) an order under this chapter for a surveillance targeted against an agent of a foreign power who is not a United States person may be for the period specified in the application or for one year, whichever is less.

(2) At or before the end of the period of time for which electronic surveillance is approved by an order or an extension, the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated.

(3) A denial of the application made under section 1804 of this title may be reviewed as provided in section 1803 of this title.

(5) ³ An extension of an order issued under this subchapter for surveillance targeted against a United States person, to the extent practicable and absent exigent circumstances, shall be granted or denied by the same judge who issued the original order unless the term of such judge has expired or such judge is otherwise no longer serving on the court.

(e) Emergency orders

(1) Notwithstanding any other provision of this subchapter, the Attorney General may authorize the emergency employment of electronic surveillance if the Attorney General—

(A) reasonably determines that an emergency situation exists with respect to the employment of electronic surveillance to obtain foreign intelligence information before an order authorizing such surveillance can with due diligence be obtained;

(B) reasonably determines that the factual basis for the issuance of an order under this subchapter to approve such electronic surveillance exists;

(C) informs, either personally or through a designee, a judge having jurisdiction under section 1803 of this title at the time of such authorization that the decision has been made to employ emergency electronic surveillance; and

(D) makes an application in accordance with this subchapter to a judge having jurisdiction under section 1803 of this title as soon as practicable, but not later than 7 days after the Attorney General authorizes such surveillance.

(2) If the Attorney General authorizes the emergency employment of electronic surveillance under paragraph (1), the Attorney General shall require that the minimization procedures required by this subchapter for the issuance of a judicial order be followed.

(3) In the absence of a judicial order approving such electronic surveillance, the surveillance shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 7 days from the time of authorization by the Attorney General, whichever is earliest.

(4) A denial of the application made under this subsection may be reviewed as provided in section 1803 of this title.

(5) In the event that such application for approval is denied, or in any other case where the electronic surveillance is terminated and no order is issued approving the surveillance, no information obtained or evidence derived from such surveillance shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such surveillance shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.

(6) The Attorney General shall assess compliance with the requirements of paragraph (5).

(f) Emergencies involving non-United States persons

(1) Notwithstanding any other provision of this chapter, the lawfully authorized targeting of a non-United States person previously believed to be located outside the United States for the acquisition of foreign intelligence information may continue for a period not to exceed 72 hours from the time that the non-United States person is reasonably believed to be located inside the United States and the acquisition is subject to this subchapter or to subchapter II of this chapter, provided that the head of an element of the intelligence community—

(A) reasonably determines that a lapse in the targeting of such non-United States person poses a threat of death or serious bodily harm to any person;

(B) promptly notifies the Attorney General of a determination under subparagraph (A); and

(C) requests, as soon as practicable, the employment of emergency electronic surveillance under subsection (e) or the employment of an emergency physical search pursuant to section 1824(e) of this title, as warranted.

(2) The authority under this subsection to continue the acquisition of foreign intelligence information is limited to a period not to exceed 72 hours and shall cease upon the earlier of the following:

(A) The employment of emergency electronic surveillance under subsection (e) or the employment of an emergency physical search pursuant to section 1824(e) of this title.

(B) An issuance of a court order under this subchapter or subchapter II of this chapter.

(C) The Attorney General provides direction that the acquisition be terminated.

(D) The head of the element of the intelligence community conducting the acquisition determines that a request under paragraph (1)(C) is not warranted.

(E) When the threat of death or serious bodily harm to any person is no longer reasonably believed to exist.

(3) Nonpublicly available information concerning unconsenting United States persons acquired under this subsection shall not be disseminated during the 72 hour time period under paragraph (1) unless necessary to investigate, reduce, or eliminate the threat of death or serious bodily harm to any person.

(4) If the Attorney General declines to authorize the employment of emergency electronic surveillance under subsection (e) or the employment of an emergency physical search pursuant to section 1824(e) of this title, or a court order is not obtained under this subchapter or subchapter II of this chapter, information obtained during the 72 hour acquisition time period under paragraph (1) shall not be retained, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.

(5) Paragraphs (5) and (6) of subsection (e) shall apply to this subsection.

(g) Testing of electronic equipment; discovering unauthorized electronic surveillance; training of intelligence personnel

Notwithstanding any other provision of this subchapter, officers, employees, or agents of the United States are authorized in the normal course of their official duties to conduct electronic surveillance not targeted against the communications of any particular person or persons, under procedures approved by the Attorney General, solely to—

(1) test the capability of electronic equipment, if—

(A) it is not reasonable to obtain the consent of the persons incidentally subjected to the surveillance;

(B) the test is limited in extent and duration to that necessary to determine the capability of the equipment;

(C) the contents of any communication acquired are retained and used only for the purpose of determining the capability of the equipment, are disclosed only to test personnel, and are destroyed before or immediately upon completion of the test; and:

(D) Provided, That the test may exceed ninety days only with the prior approval of the Attorney General;

(2) determine the existence and capability of electronic surveillance equipment being used by persons not authorized to conduct electronic surveillance, if—

(A) it is not reasonable to obtain the consent of persons incidentally subjected to the surveillance;

(B) such electronic surveillance is limited in extent and duration to that necessary to determine the existence and capability of such equipment; and

(C) any information acquired by such surveillance is used only to enforce chapter 119 of title 18, or section 605 of title 47, or to protect information from unauthorized surveillance; or

(3) train intelligence personnel in the use of electronic surveillance equipment, if—

(A) it is not reasonable to—

(i) obtain the consent of the persons incidentally subjected to the surveillance;

(ii) train persons in the course of surveillances otherwise authorized by this subchapter; or

(iii) train persons in the use of such equipment without engaging in electronic surveillance;

(B) such electronic surveillance is limited in extent and duration to that necessary to train the personnel in the use of the equipment; and

(C) no contents of any communication acquired are retained or disseminated for any purpose, but are destroyed as soon as reasonably possible.

(h) Retention of certifications, applications and orders

Certifications made by the Attorney General pursuant to section 1802(a) of this title and applications made and orders granted under this subchapter shall be retained for a period of at least ten years from the date of the certification or application.

(i) Bar to legal action

No cause of action shall lie in any court against any provider of a wire or electronic communication service, landlord, custodian, or other person (including any officer, employee, agent, or other specified person thereof) that furnishes any information, facilities, or technical assistance in accordance with a court order or request for emergency assistance under this chapter for electronic surveillance or physical search.

(j) Pen registers and trap and trace devices

In any case in which the Government makes an application to a judge under this subchapter to conduct electronic surveillance involving communications and the judge grants such application, upon the request of the applicant, the judge shall also authorize the installation and use of pen registers and trap and trace devices, and direct the disclosure of the information set forth in section 1842(d)(2) of this title.

(Pub. L. 95–511, title I, §105, Oct. 25, 1978, 92 Stat. 1790; Pub. L. 98–549, §6(b)(3), Oct. 30, 1984, 98 Stat. 2804; Pub. L. 106–567, title VI, §602(b), Dec. 27, 2000, 114 Stat. 2851; Pub. L. 107–56, title II, §§206, 207(a)(1), (b)(1), 225, Oct. 26, 2001, 115 Stat. 282, 295; Pub. L. 107–108, title III, §314(a)(2), (c)(1), Dec. 28, 2001, 115 Stat. 1402, 1403; Pub. L. 107–273, div. B, title IV, §4005(c), Nov. 2, 2002, 116 Stat. 1812; Pub. L. 108–458, title I, §1071(e), Dec. 17, 2004, 118 Stat. 3691; Pub. L. 109–177, title I, §§102(b)(1), 105(a), 108(a)(2), (b), Mar. 9, 2006, 120 Stat. 195, 203; Pub. L. 110–261, title I, §§105(a), 110(c)(1), July 10, 2008, 122 Stat. 2461, 2466; Pub. L. 111–118, div. B, §1004(a), Dec. 19, 2009, 123 Stat. 3470; Pub. L. 111–141, §1(a), Feb. 27, 2010, 124 Stat. 37; Pub. L. 111–259, title VIII, §806(a)(2), Oct. 7, 2010, 124 Stat. 2748; Pub. L. 112–3, §2(a), Feb. 25, 2011, 125 Stat. 5; Pub. L. 112–14, §2(a), May 26, 2011, 125 Stat. 216; Pub. L. 114–23, title VII, §§701(a), 705(a), (c), June 2, 2015, 129 Stat. 298, 300; Pub. L. 115–118, title II, §205(b)(2), Jan. 19, 2018, 132 Stat. 22; Pub. L. 116–69, div. B, title VII, §1703(a), Nov. 21, 2019, 133 Stat. 1143; Pub. L. 118–49, §§5(a), 6(g)(1), Apr. 20, 2024, 138 Stat. 868, 873.)

Editorial Notes

References in Text

Section 1804(a)(7)(E) of this title, referred to in subsec. (a)(4), was redesignated section 1804(a)(6)(E) of this title by Pub. L. 110–261, title I, §104(1)(B), July 10, 2008, 122 Stat. 2461.

Section 1804(d) of this title, referred to in subsec. (a)(4), was redesignated section 1804(c) of this title by Pub. L. 110–261, title I, §104(3), July 10, 2008, 122 Stat. 2461.

This chapter, referred to in subsecs. (d), (f)(1), and (i), was in the original "this Act", meaning Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

Codification

As originally enacted, Pub. L. 107–56, §225, amended this section by adding subsec. (h) relating to bar of legal action after subsec. (g). The section already contained a subsec. (h). Both Pub. L. 107–108, §314(a)(2)(C), and Pub. L. 107–273, §4005(c), made amendments retroactive to the date of enactment of Pub. L. 107–56 which had the effect of redesignating subsec. (h), relating to bar of legal action, as subsec. (i) and transferring it to appear at the end of this section. See 2001 Amendment notes, Effective Date of 2002 Amendment note, and Effective Date of 2001 Amendment note below.

Amendments

2024—Subsec. (d)(1)(A). Pub. L. 118–49, §6(g)(1)(A)(i), which directed the substitution of "against a foreign power" for "against a foreign power, as defined in section 1801(a), (1), (2), or (3) of this title," was executed by making the substitution for "against a foreign power, as defined in section 1801(a)(1), (2), or (3) of this title," to refelct the probable intent of Congress.

Subsec. (d)(1)(B). Pub. L. 118–49, §6(g)(1)(A)(ii), substituted "one year" for "120 days".

Subsec. (d)(2) to (4). Pub. L. 118–49, §6(g)(1)(B), (C), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: "Extensions of an order issued under this subchapter may be granted on the same basis as an original order upon an application for an extension and new findings made in the same manner as required for an original order, except that (A) an extension of an order under this chapter for a surveillance targeted against a foreign power, as defined in paragraph (5), (6), or (7) of section 1801(a) of this title, or against a foreign power as defined in section 1801(a)(4) of this title that is not a United States person, may be for a period not to exceed one year if the judge finds probable cause to believe that no communication of any individual United States person will be acquired during the period, and (B) an extension of an order under this chapter for a surveillance targeted against an agent of a foreign power who is not a United States person may be for a period not to exceed 1 year."

Subsec. (d)(5). Pub. L. 118–49, §5(a), added par. (5).

2019—Pub. L. 116–69 amended directory language of Pub. L. 109–177, §102(b)(1). See 2006 Amendment note below.

2018—Subsec. (d)(4). Pub. L. 115–118 added par. (4).

2015—Subsec. (c)(2). Pub. L. 114–23, §705(a), (c), amended directory language of Pub. L. 109–177, §102(b)(1). See 2006 Amendment note below. Pursuant to Pub. L. 109–177, §102(b)(1), as amended by Pub. L. 112–14, subsec. (c)(2) was amended, effective June 1, 2015, to read as it read on Oct. 25, 2001. The amendment by Pub. L. 114–23, which delayed the reversion of subsec. (c)(2) from June 1, 2015, to Dec. 15, 2019, was given effect to reflect the probable intent of Congress, notwithstanding that Pub. L. 114–23 was enacted on June 2, 2015.

Subsecs. (f) to (j). Pub. L. 114–23, §701(a), added subsec. (f) and redesignated former subsecs. (f) to (i) as (g) to (j), respectively.

2011—Subsec. (c)(2). Pub. L. 112–14 amended directory language of Pub. L. 109–177, §102(b)(1). See 2006 Amendment note below.

Pub. L. 112–3 amended directory language of Pub. L. 109–177, §102(b)(1). See 2006 Amendment note below.

2010—Subsec. (c)(2). Pub. L. 111–141 amended directory language of Pub. L. 109–177, §102(b)(1). See 2006 Amendment note below.

Subsec. (c)(2)(C). Pub. L. 111–259 made technical amendment to directory language of Pub. L. 108–458, §1071(e). See 2004 Amendment note below.

2009—Subsec. (c)(2). Pub. L. 111–118 amended directory language of Pub. L. 109–177, §102(b)(1). See 2006 Amendment note below.

2008—Subsec. (a). Pub. L. 110–261, §105(a)(1), redesignated pars. (2) to (5) as (1) to (4), respectively, and struck out former par. (1) which read as follows: "the President has authorized the Attorney General to approve applications for electronic surveillance for foreign intelligence information;".

Subsec. (b). Pub. L. 110–261, §105(a)(2), substituted "(a)(2)" for "(a)(3)".

Subsec. (c)(1)(D) to (F). Pub. L. 110–261, §105(a)(3), inserted "and" after semicolon at and of subpar. (D), substituted a period for "; and" in subpar. (E), and struck out subpar. (F) which read as follows: "whenever more than one electronic, mechanical, or other surveillance device is to be used under the order, the authorized coverage of the devices involved and what minimization procedures shall apply to information subject to acquisition by each device."

Subsec. (d). Pub. L. 110–261, §105(a)(4), (5), redesignated subsec. (e) as (d) and struck out former subsec. (d) which related to exclusion of certain information respecting foreign power targets from ex parte order.

Subsec. (d)(2). Pub. L. 110–261, §110(c)(1), substituted "paragraph (5), (6), or (7) of section 1801(a)" for "section 1801(a)(5) or (6)".

Subsec. (e). Pub. L. 110–261, §105(a)(5), (6), redesignated subsec. (f) as (e) and amended it generally. Prior to amendment, subsec. (e) related to authority of the Attorney General to authorize emergency employment of electronic surveillance and required application to a judge within 72 hours after authorization. Former subsec. (e) redesignated (d).

Subsecs. (f) to (i). Pub. L. 110–261, §105(a)(5), (7), added subsec. (i) and redesignated former subsecs. (g) to (i) as (f) to (h), respectively. Former subsec. (f) redesignated (e).

2006—Subsec. (c)(1). Pub. L. 109–177, §108(b)(1), substituted "(1) Specifications.—An order approving an electronic surveillance under this section shall specify—" for "An order approving an electronic surveillance under this section shall—

"(1) specify—".

Subsec. (c)(1)(A). Pub. L. 109–177, §108(a)(2)(A), substituted "specific target of the electronic surveillance identified or described in the application pursuant to section 1804(a)(3) of this title" for "target of the electronic surveillance".

Subsec. (c)(1)(F). Pub. L. 109–177, §108(b)(2), substituted period for "; and" at end.

Subsec. (c)(2). Pub. L. 109–177, §108(b)(3), inserted par. heading and substituted "An order approving an electronic surveillance under this section shall direct" for "direct" in introductory provisions.

Pub. L. 109–177, §102(b)(1), as amended by Pub. L. 111–118, Pub. L. 111–141, Pub. L. 112–3, Pub. L. 112–14, Pub. L. 114–23, §705(a), (c), and Pub. L. 116–69, amended par. (2), effective Mar. 15, 2020, so as to read as it read on Oct. 25, 2001. Prior to amendment, par. (2) established requirements of orders approving electronic surveillance.

Subsec. (c)(2)(B). Pub. L. 109–177, §108(a)(2)(B), substituted "where the Court finds, based upon specific facts provided in the application," for "where the Court finds".

Subsec. (c)(3). Pub. L. 109–177, §108(b)(4), added par. (3).

Subsec. (e)(1)(B). Pub. L. 109–177, §105(a)(1), substituted "who is not a United States person" for ", as defined in section 1801(b)(1)(A) of this title".

Subsec. (e)(2)(B). Pub. L. 109–177, §105(a)(2), substituted "who is not a United States person" for "as defined in section 1801(b)(1)(A) of this title".

2004—Subsec. (c)(2)(C). Pub. L. 108–458, §1071(e), as amended by Pub. L. 111–259, substituted "Director of National Intelligence" for "Director of Central Intelligence".

2002—Subsec. (i). Pub. L. 107–273 amended Pub. L. 107–56, §225. See 2001 Amendment notes below.

2001—Subsec. (c)(1)(B). Pub. L. 107–108, §314(a)(2)(A), inserted ", if known" before semicolon at end.

Subsec. (c)(2)(B). Pub. L. 107–56, §206, inserted ", or in circumstances where the Court finds that the actions of the target of the application may have the effect of thwarting the identification of a specified person, such other persons," after "specified person".

Subsec. (e)(1). Pub. L. 107–56, §207(a)(1), inserted "(A)" after "except that" and ", and (B) an order under this chapter for a surveillance targeted against an agent of a foreign power, as defined in section 1801(b)(1)(A) of this title may be for the period specified in the application or for 120 days, whichever is less" before period at end.

Subsec. (e)(2). Pub. L. 107–56, §207(b)(1), as amended by Pub. L. 107–108, §314(c)(1), inserted "(A)" after "except that" and ", and (B) an extension of an order under this chapter for a surveillance targeted against an agent of a foreign power as defined in section 1801(b)(1)(A) of this title may be for a period not to exceed 1 year" before period at end.

Subsec. (f). Pub. L. 107–108, §314(a)(2)(B), substituted "72 hours" for "twenty-four hours" in two places in concluding provisions.

Subsec. (h). Pub. L. 107–108, §314(a)(2)(C), transferred subsec. (h) added by section 225 of Pub. L. 107–56 to appear after the subsec. (h) redesignated by section 602(b)(2) of Pub. L. 106–567, and redesignated the transferred subsec. (h) as subsec. (i). See Codification note above.

Subsec. (i). Pub. L. 107–108, §314(a)(2)(D), inserted "for electronic surveillance or physical search" before period at end.

Pub. L. 107–108, §314(a)(2)(C), transferred subsec. (h) added by section 225 of Pub. L. 107–56 to appear after the subsec. (h) redesignated by section 602(b)(2) of Pub. L. 106–567, and redesignated the transferred subsec. (h) as subsec. (i). See Codification note above.

Pub. L. 107–56, §225, as amended by Pub. L. 107–273, §4005(c), added subsec. (i) relating to bar of legal action.

2000—Subsecs. (b), (c). Pub. L. 106–567, §602(b)(1), (2), added subsec. (b) and redesignated former subsec. (b) as (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 106–567, §602(b)(1), (3), redesignated subsec. (c) as (d) and substituted "subsection (c)(1)" for "subsection (b)(1)". Former subsec. (d) redesignated (e).

Subsecs. (e) to (h). Pub. L. 106–567, §602(b)(1), redesignated subsecs. (d) to (g) as (e) to (h), respectively.

1984—Subsec. (f)(2)(C). Pub. L. 98–549 substituted "section 705" for "section 605" in the original to accommodate renumbering of sections in subchapter VI (section 601 et seq.) of chapter 5 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, by section 6(a) of Pub. L. 98–549. Because both sections translate as "section 605 of Title 47", the amendment by Pub. L. 98–549 resulted in no change in text.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.

Effective Date of 2006 Amendment

Pub. L. 109–177, title I, §102(b), Mar. 9, 2006, 120 Stat. 195, as amended by Pub. L. 111–118, div. B, §1004(a), Dec. 19, 2009, 123 Stat. 3470; Pub. L. 111–141, §1(a), Feb. 27, 2010, 124 Stat. 37; Pub. L. 112–3, §2(a), Feb. 25, 2011, 125 Stat. 5; Pub. L. 112–14, §2(a), May 26, 2011, 125 Stat. 216; Pub. L. 114–23, title VII, §705(a), (c), June 2, 2015, 129 Stat. 300; Pub. L. 116–69, div. B, title VII, §1703(a), Nov. 21, 2019, 133 Stat. 1143, provided that:

"(1) In general.—Effective March 15, 2020, the Foreign Intelligence Surveillance Act of 1978 [50 U.S.C. 1801 et seq.] is amended so that title V and section 105(c)(2) [50 U.S.C. 1861 to 1863, and 1805(c)(2)] read as they read on October 25, 2001.

"(2) Exception.—With respect to any particular foreign intelligence investigation that began before the date on which the provisions referred to in paragraph (1) cease to have effect, or with respect to any particular offense or potential offense that began or occurred before the date on which such provisions cease to have effect, such provisions shall continue in effect."

[Pub. L. 109–177, §102(b)(1), set out above, as amended by Pub. L. 112–14, provided that sections 1861 and 1862 of this title and subsec. (c)(2) of this section were amended, effective June 1, 2015, to read as they read on Oct. 25, 2001. Pub. L. 114–23, §705(a), amended section 102(b)(1) by substituting "December 15, 2019" for "June 1, 2015", thereby delaying the reversion of those provisions until Dec. 15, 2019. Such amendment was given effect in those provisions by not executing the reversions on June 1, 2015, to reflect the probable intent of Congress, notwithstanding that Pub. L. 114–23 was enacted on June 2, 2015. See Amendment of Subsection (c)(2) note and 2015 Amendment note for subsec. (c)(2) above and Codification and 2015 Amendment notes under sections 1861 and 1862 of this title.]

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 3001 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 3001 of this title.

Effective Date of 2002 Amendment

Pub. L. 107–273, div. B, title IV, §4005(c), Nov. 2, 2002, 116 Stat. 1812, provided that the amendment made by section 4005(c) is effective Oct. 26, 2001.

Effective Date of 2001 Amendment

Pub. L. 107–108, title III, §314(c), Dec. 28, 2001, 115 Stat. 1402, provided in part that the amendment made by section 314(c)(1) of Pub. L. 107–108 is effective as of Oct. 26, 2001, and as if included in Pub. L. 107–56 as originally enacted.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–549 effective 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98–549, set out as a note under section 521 of Title 47, Telecommunications.

¹ See References in Text note below.

² So in original.

³ So in original. No par. (4) has been enacted.

§§1805a to 1805c. Repealed. Pub. L. 110–261, title IV, §403(a)(1)(A), July 10, 2008, 122 Stat. 2473

Section 1805a, Pub. L. 95–511, title I, §105A, as added Pub. L. 110–55, §2, Aug. 5, 2007, 121 Stat. 552, related to clarification of electronic surveillance of persons outside the United States.

Section 1805b, Pub. L. 95–511, title I, §105B, as added Pub. L. 110–55, §2, Aug. 5, 2007, 121 Stat. 552, related to additional procedure for authorizing certain acquisitions concerning persons located outside the United States.

Section 1805c, Pub. L. 95–511, title I, §105C, as added Pub. L. 110–55, §3, Aug. 5, 2007, 121 Stat. 555, related to submission to court review of procedures.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.

§1806. Use of information

(a) Compliance with minimization procedures; privileged communications; lawful purposes

Information acquired from an electronic surveillance conducted pursuant to this subchapter concerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the minimization procedures required by this subchapter. No otherwise privileged communication obtained in accordance with, or in violation of, the provisions of this subchapter shall lose its privileged character. No information acquired from an electronic surveillance pursuant to this subchapter may be used or disclosed by Federal officers or employees except for lawful purposes.

(b) Statement for disclosure

No information acquired pursuant to this subchapter shall be disclosed for law enforcement purposes unless such disclosure is accompanied by a statement that such information, or any information derived therefrom, may only be used in a criminal proceeding with the advance authorization of the Attorney General.

(c) Notification by United States

Whenever the Government intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, against an aggrieved person, any information obtained or derived from an electronic surveillance of that aggrieved person pursuant to the authority of this subchapter, the Government shall, prior to the trial, hearing, or other proceeding or at a reasonable time prior to an effort to so disclose or so use that information or submit it in evidence, notify the aggrieved person and the court or other authority in which the information is to be disclosed or used that the Government intends to so disclose or so use such information.

(d) Notification by States or political subdivisions

Whenever any State or political subdivision thereof intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of a State or a political subdivision thereof, against an aggrieved person any information obtained or derived from an electronic surveillance of that aggrieved person pursuant to the authority of this subchapter, the State or political subdivision thereof shall notify the aggrieved person, the court or other authority in which the information is to be disclosed or used, and the Attorney General that the State or political subdivision thereof intends to so disclose or so use such information.

(e) Motion to suppress

Any person against whom evidence obtained or derived from an electronic surveillance to which he is an aggrieved person is to be, or has been, introduced or otherwise used or disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, a State, or a political subdivision thereof, may move to suppress the evidence obtained or derived from such electronic surveillance on the grounds that—

(1) the information was unlawfully acquired; or

(2) the surveillance was not made in conformity with an order of authorization or approval.

Such a motion shall be made before the trial, hearing, or other proceeding unless there was no opportunity to make such a motion or the person was not aware of the grounds of the motion.

(f) In camera and ex parte review by district court

Whenever a court or other authority is notified pursuant to subsection (c) or (d), or whenever a motion is made pursuant to subsection (e), or whenever any motion or request is made by an aggrieved person pursuant to any other statute or rule of the United States or any State before any court or other authority of the United States or any State to discover or obtain applications or orders or other materials relating to electronic surveillance or to discover, obtain, or suppress evidence or information obtained or derived from electronic surveillance under this chapter, the United States district court or, where the motion is made before another authority, the United States district court in the same district as the authority, shall, notwithstanding any other law, if the Attorney General files an affidavit under oath that disclosure or an adversary hearing would harm the national security of the United States, review in camera and ex parte the application, order, and such other materials relating to the surveillance as may be necessary to determine whether the surveillance of the aggrieved person was lawfully authorized and conducted. In making this determination, the court may disclose to the aggrieved person, under appropriate security procedures and protective orders, portions of the application, order, or other materials relating to the surveillance only where such disclosure is necessary to make an accurate determination of the legality of the surveillance.

(g) Suppression of evidence; denial of motion

If the United States district court pursuant to subsection (f) determines that the surveillance was not lawfully authorized or conducted, it shall, in accordance with the requirements of law, suppress the evidence which was unlawfully obtained or derived from electronic surveillance of the aggrieved person or otherwise grant the motion of the aggrieved person. If the court determines that the surveillance was lawfully authorized and conducted, it shall deny the motion of the aggrieved person except to the extent that due process requires discovery or disclosure.

(h) Finality of orders

Orders granting motions or requests under subsection (g), decisions under this section that electronic surveillance was not lawfully authorized or conducted, and orders of the United States district court requiring review or granting disclosure of applications, orders, or other materials relating to a surveillance shall be final orders and binding upon all courts of the United States and the several States except a United States court of appeals and the Supreme Court.

(i) Destruction of unintentionally acquired information

In circumstances involving the unintentional acquisition by an electronic, mechanical, or other surveillance device of the contents of any communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes, and if both the sender and all intended recipients are located within the United States, such contents shall be destroyed upon recognition, unless the Attorney General determines that the contents indicate a threat of death or serious bodily harm to any person.

(j) Notification of emergency employment of electronic surveillance; contents; postponement, suspension or elimination

If an emergency employment of electronic surveillance is authorized under subsection (e) or (f) of section 1805 of this title and a subsequent order approving the surveillance is not obtained, the judge shall cause to be served on any United States person named in the application and on such other United States persons subject to electronic surveillance as the judge may determine in his discretion it is in the interest of justice to serve, notice of—

(1) the fact of the application;

(2) the period of the surveillance; and

(3) the fact that during the period information was or was not obtained.

On an ex parte showing of good cause to the judge the serving of the notice required by this subsection may be postponed or suspended for a period not to exceed ninety days. Thereafter, on a further ex parte showing of good cause, the court shall forego ordering the serving of the notice required under this subsection.

(k) Coordination with law enforcement on national security matters

(1) Federal officers who conduct electronic surveillance to acquire foreign intelligence information under this subchapter may consult with Federal law enforcement officers or law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision) to coordinate efforts to investigate or protect against—

(A) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;

(B) sabotage, international terrorism, or the international proliferation of weapons of mass destruction by a foreign power or an agent of a foreign power; or

(C) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power.

(2) Coordination authorized under paragraph (1) shall not preclude the certification required by section 1804(a)(7)(B) ¹ of this title or the entry of an order under section 1805 of this title.

(Pub. L. 95–511, title I, §106, Oct. 25, 1978, 92 Stat. 1793; Pub. L. 107–56, title V, §504(a), Oct. 26, 2001, 115 Stat. 364; Pub. L. 107–296, title VIII, §898, Nov. 25, 2002, 116 Stat. 2258; Pub. L. 110–261, title I, §§106, 110(b)(1), July 10, 2008, 122 Stat. 2462, 2466; Pub. L. 114–23, title VII, §701(b), June 2, 2015, 129 Stat. 299; Pub. L. 117–347, title III, §323(a)(1)(A), Jan. 5, 2023, 136 Stat. 6206.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (f), was in the original "this Act", meaning Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

Section 1804(a)(7)(B) of this title, referred to in subsec. (k)(2), was redesignated section 1804(a)(6)(B) of this title by Pub. L. 110–261, title I, §104(1)(B), July 10, 2008, 122 Stat. 2461.

Amendments

2023—Subsec. (k)(1). Pub. L. 117–347, §323(a)(1)(A), repealed Pub. L. 107–296, §898. See 2002 Amendment note below.

2015—Subsec. (j). Pub. L. 114–23 substituted "subsection (e) or (f) of section 1805 of this title" for "section 1805(e) of this title".

2008—Subsec. (i). Pub. L. 110–261, §106, substituted "communication" for "radio communication".

Subsec. (k)(1)(B). Pub. L. 110–261, §110(b)(1), substituted "sabotage, international terrorism, or the international proliferation of weapons of mass destruction" for "sabotage or international terrorism".

2002—Subsec. (k)(1). Pub. L. 107–296, §898, which inserted, in introductory provisions, "or law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision)" after "law enforcement officers", was repealed by Pub. L. 117–347, §323(a)(1)(A). Repeal to have no effect on amendment by Pub. L. 107–296, see Construction of 2023 Amendment note set out under section 2517 of Title 18, Crimes and Criminal Procedure.

2001—Subsec. (k). Pub. L. 107–56 added subsec. (k).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 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.

Report on Mechanisms for Determinations of Disclosure of Information for Law Enforcement Purposes

Pub. L. 106–567, title VI, §604(b), Dec. 27, 2000, 114 Stat. 2853, provided that:

"(1) The Attorney General shall submit to the appropriate committees of Congress a report on the authorities and procedures utilized by the Department of Justice for determining whether or not to disclose information acquired under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) for law enforcement purposes.

"(2) In this subsection, the term 'appropriate committees of Congress' means the following:

"(A) The Select Committee on Intelligence and the Committee on the Judiciary of the Senate.

"(B) The Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives."

¹ See References in Text note below.

§1807. Report of electronic surveillance

(a) Annual report

In April of each year, the Attorney General shall transmit to the Administrative Office of the United States Courts and to the congressional intelligence committees and the Committees on the Judiciary of the House of Representatives and the Senate a report setting forth with respect to the preceding calendar year—

(1) the total number of applications made for orders and extensions of orders approving electronic surveillance under this subchapter;

(2) the total number of such orders and extensions either granted, modified, or denied; and

(3) the total number of subjects targeted by electronic surveillance conducted under an order or emergency authorization under this subchapter, rounded to the nearest 500, including the number of such individuals who are United States persons, reported to the nearest band of 500, starting with 0–499.

(b) Form

Each report under subsection (a) shall be submitted in unclassified form, to the extent consistent with national security. Not later than 7 days after the date on which the Attorney General submits each such report, the Attorney General shall make the report publicly available, or, if the Attorney General determines that the report cannot be made publicly available consistent with national security, the Attorney General may make publicly available an unclassified summary of the report or a redacted version of the report.

(Pub. L. 95–511, title I, §107, Oct. 25, 1978, 92 Stat. 1795; Pub. L. 115–118, title I, §107(a), Jan. 19, 2018, 132 Stat. 14.)

Editorial Notes

Amendments

2018—Pub. L. 115–118 amended section generally. Prior to amendment, section related to report to Administrative Office of the United States Court and to Congress.

§1808. Report of Attorney General to Congressional committees; limitation on authority or responsibility of information gathering activities of Congressional committees; report of Congressional committees to Congress

(a)(1) On a semiannual basis the Attorney General shall fully inform the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate concerning all electronic surveillance under this subchapter. Nothing in this subchapter shall be deemed to limit the authority and responsibility of the appropriate committees of each House of Congress to obtain such information as they may need to carry out their respective functions and duties.

(2) Each report under the first sentence of paragraph (1) shall include a description of—

(A) the total number of applications made for orders and extensions of orders approving electronic surveillance under this subchapter where the nature and location of each facility or place at which the electronic surveillance will be directed is unknown;

(B) each criminal case in which information acquired under this chapter has been authorized for use at trial during the period covered by such report;

(C) the total number of emergency employments of electronic surveillance under section 1805(e) of this title and the total number of subsequent orders approving or denying such electronic surveillance; and

(D) the total number of authorizations under section 1805(f) of this title and the total number of subsequent emergency employments of electronic surveillance under section 1805(e) of this title or emergency physical searches pursuant to section 301(e).¹

(b) On or before one year after October 25, 1978, and on the same day each year for four years thereafter, the Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence shall report respectively to the House of Representatives and the Senate, concerning the implementation of this chapter. Said reports shall include but not be limited to an analysis and recommendations concerning whether this chapter should be (1) amended, (2) repealed, or (3) permitted to continue in effect without amendment.

(Pub. L. 95–511, title I, §108, Oct. 25, 1978, 92 Stat. 1795; Pub. L. 106–567, title VI, §604(a), Dec. 27, 2000, 114 Stat. 2853; Pub. L. 109–177, title I, §108(c), Mar. 9, 2006, 120 Stat. 204; Pub. L. 110–261, title I, §105(b), July 10, 2008, 122 Stat. 2462; Pub. L. 114–23, title VI, §605(a), title VII, §701(c), June 2, 2015, 129 Stat. 297, 299.)

Editorial Notes

References in Text

Section 301, referred to in subsec. (a)(2)(D), means section 301 of Pub. L. 95–511, which is classified to section 1821 of this title, relates to definitions for terms used in subchapter II of this chapter, and does not contain a subsec. (e). Section 304(e) of Pub. L. 95–511, which is classified to section 1824(e) of this title, relates to authorizations and orders for emergency physical searches.

This chapter, referred to in subsec. (b), was in the original "this Act", meaning Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

Amendments

2015—Subsec. (a)(1). Pub. L. 114–23, §605(a), substituted "the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate" for "the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence, and the Committee on the Judiciary of the Senate,".

Subsec. (a)(2)(D). Pub. L. 114–23, §701(c), added subpar. (D).

2008—Subsec. (a)(2)(C). Pub. L. 110–261 substituted "1805(e)" for "1805(f)".

2006—Subsec. (a)(1). Pub. L. 109–177, §108(c)(1), inserted ", and the Committee on the Judiciary of the Senate," after "Senate Select Committee on Intelligence".

Subsec. (a)(2). Pub. L. 109–177, §108(c)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "Each report under the first sentence of paragraph (1) shall include a description of—

"(A) each criminal case in which information acquired under this chapter has been passed for law enforcement purposes during the period covered by such report; and

"(B) each criminal case in which information acquired under this chapter has been authorized for use at trial during such reporting period."

2000—Subsec. (a). Pub. L. 106–567 designated existing provisions as par. (1) and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.

¹ See References in Text note below.

§1809. Criminal sanctions

(a) Prohibited activities

A person is guilty of an offense if he—

(1) intentionally engages in electronic surveillance under color of law except as authorized by this chapter, chapter 119, 121, or 206 of title 18, or any express statutory authorization that is an additional exclusive means for conducting electronic surveillance under section 1812 of this title;

(2) intentionally discloses or uses information obtained under color of law by electronic surveillance, knowing or having reason to know that the information was obtained through electronic surveillance not authorized by this chapter, chapter 119, 121, or 206 of title 18, or any express statutory authorization that is an additional exclusive means for conducting electronic surveillance under section 1812 of this title; or

(3) knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States an application, in whole or in part, for an order for electronic surveillance under this chapter.

(b) Defense

It is a defense to a prosecution under paragraph (1) or (2) of subsection (a) that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the electronic surveillance was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction.

(c) Penalty

A person guilty of an offense in this section shall be fined under title 18, imprisoned for not more than 10 years, or both.

(d) Federal jurisdiction

There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed.

(Pub. L. 95–511, title I, §109, Oct. 25, 1978, 92 Stat. 1796; Pub. L. 110–261, title I, §102(b), July 10, 2008, 122 Stat. 2459; Pub. L. 111–259, title VIII, §801(3), Oct. 7, 2010, 124 Stat. 2746; Pub. L. 118–49, §13(a), (b), Apr. 20, 2024, 138 Stat. 881.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original "this Act", meaning Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

Amendments

2024—Subsec. (a). Pub. L. 118–49, §13(a)(1)(A), struck out "intentionally" after "if he" in introductory provisions.

Subsec. (a)(1). Pub. L. 118–49, §13(a)(1)(B)(ii), which directed the substitution of a semicolon for "; or", could not be exected because the word "or" did not appear.

Pub. L. 118–49, §13(a)(1)(B)(i), inserted "intentionally" before "engages in".

Subsec. (a)(2). Pub. L. 118–49, §13(a)(1)(C)(i), which directed the substitution of "intentionally discloses" for "disclose", was executed by making the substitution for "discloses" to reflect the probable intent of Congress.

Subsec. (a)(3). Pub. L. 118–49, §13(a)(1)(C)(ii), (D), added par. (3).

Subsec. (b). Pub. L. 118–49, §13(a)(2), substituted "under paragraph (1) or (2) of subsection (a)" for "under subsection (a)".

Subsec. (c). Pub. L. 118–49, §13(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both."

2010—Subsec. (a)(1). Pub. L. 111–259, §801(3)(A), substituted "section 1812 of this title;" for "section 1812 of this title.;".

Subsec. (a)(2). Pub. L. 111–259, §801(3)(B), substituted "title." for "title.."

2008—Subsec. (a). Pub. L. 110–261 substituted "authorized by this chapter, chapter 119, 121, or 206 of title 18, or any express statutory authorization that is an additional exclusive means for conducting electronic surveillance under section 1812 of this title." for "authorized by statute" in pars. (1) and (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.

§1810. Civil liability

An aggrieved person, other than a foreign power or an agent of a foreign power, as defined in section 1801(a) or (b)(1)(A) of this title, respectively, who has been subjected to an electronic surveillance or about whom information obtained by electronic surveillance of such person has been disclosed or used in violation of section 1809 of this title shall have a cause of action against any person who committed such violation and shall be entitled to recover—

(a) actual damages, but not less than liquidated damages equal to the greater of—

(1) if the aggrieved person is a United States person, $10,000 or $1,000 per day for each day of violation; or

(2) for any other aggrieved person, $1,000 or $100 per day for each day of violation;

(b) punitive damages; and

(c) reasonable attorney's fees and other investigation and litigation costs reasonably incurred.

(Pub. L. 95–511, title I, §110, Oct. 25, 1978, 92 Stat. 1796; Pub. L. 118–49, §15(a), Apr. 20, 2024, 138 Stat. 882.)

Editorial Notes

Amendments

2024—Subsec. (a). Pub. L. 118–49 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "actual damages, but not less than liquidated damages of $1,000 or $100 per day for each day of violation, whichever is greater;".

§1810a. Reporting requirements for civil actions

(a) Report to Congress

If a court finds that a person has violated this chapter in a civil action under section 1810 of this title, the head of the agency that employs that person shall report to Congress on the administrative action taken against that person pursuant to section 1803(m) of this title or any other provision of law.

(b) Report to Foreign Intelligence Surveillance Court

If a court finds that a person has violated this chapter in a civil action under section 1810 of this title, the head of the agency that employs that person shall report the name of such person to the Foreign Intelligence Surveillance Court. The Foreign Intelligence Surveillance Court shall maintain a list of each person about whom it received a report under this subsection.

(Pub. L. 95–511, title I, §110A, as added Pub. L. 118–49, §15(b), Apr. 20, 2024, 138 Stat. 883.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

§1811. Authorization during time of war

Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for a period not to exceed fifteen calendar days following a declaration of war by the Congress.

(Pub. L. 95–511, title I, §111, Oct. 25, 1978, 92 Stat. 1796.)

§1812. Statement of exclusive means by which electronic surveillance and interception of certain communications may be conducted

(a) Except as provided in subsection (b), the procedures of chapters 119, 121, and 206 of title 18 and this chapter shall be the exclusive means by which electronic surveillance and the interception of domestic wire, oral, or electronic communications may be conducted.

(b) Only an express statutory authorization for electronic surveillance or the interception of domestic wire, oral, or electronic communications, other than as an amendment to this chapter or chapters 119, 121, or 206 of title 18 shall constitute an additional exclusive means for the purpose of subsection (a).

(Pub. L. 95–511, title I, §112, as added Pub. L. 110–261, title I, §102(a), July 10, 2008, 122 Stat. 2459.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.

§1813. Procedures for the retention of incidentally acquired communications

(a) Definitions

In this section:

(1) Covered communication

The term "covered communication" means any nonpublic telephone or electronic communication acquired without the consent of a person who is a party to the communication, including communications in electronic storage.

(2) Head of an element of the intelligence community

The term "head of an element of the intelligence community" means, as appropriate—

(A) the head of an element of the intelligence community; or

(B) the head of the department or agency containing such element.

(3) United States person

The term "United States person" has the meaning given that term in section 1801 of this title.

(b) Procedures for covered communications

(1) Requirement to adopt

Not later than 2 years after December 19, 2014, each head of an element of the intelligence community shall adopt procedures approved by the Attorney General for such element that ensure compliance with the requirements of paragraph (3).

(2) Coordination and approval

The procedures required by paragraph (1) shall be—

(A) prepared in coordination with the Director of National Intelligence; and

(B) approved by the Attorney General prior to issuance.

(3) Procedures

(A) Application

The procedures required by paragraph (1) shall apply to any intelligence collection activity not otherwise authorized by court order (including an order or certification issued by a court established under subsection (a) or (b) of section 1803 of this title), subpoena, or similar legal process that is reasonably anticipated to result in the acquisition of a covered communication to or from a United States person and shall permit the acquisition, retention, and dissemination of covered communications subject to the limitation in subparagraph (B).

(B) Limitation on retention

A covered communication shall not be retained in excess of 5 years, unless—

(i) the communication has been affirmatively determined, in whole or in part, to constitute foreign intelligence or counterintelligence or is necessary to understand or assess foreign intelligence or counterintelligence;

(ii) the communication is reasonably believed to constitute evidence of a crime and is retained by a law enforcement agency;

(iii) the communication is enciphered or reasonably believed to have a secret meaning;

(iv) all parties to the communication are reasonably believed to be non-United States persons;

(v) retention is necessary to protect against an imminent threat to human life, in which case both the nature of the threat and the information to be retained shall be reported to the congressional intelligence committees not later than 30 days after the date such retention is extended under this clause;

(vi) retention is necessary for technical assurance or compliance purposes, including a court order or discovery obligation, in which case access to information retained for technical assurance or compliance purposes shall be reported to the congressional intelligence committees on an annual basis; or

(vii) retention for a period in excess of 5 years is approved by the head of the element of the intelligence community responsible for such retention, based on a determination that retention is necessary to protect the national security of the United States, in which case the head of such element shall provide to the congressional intelligence committees a written certification describing—

(I) the reasons extended retention is necessary to protect the national security of the United States;

(II) the duration for which the head of the element is authorizing retention;

(III) the particular information to be retained; and

(IV) the measures the element of the intelligence community is taking to protect the privacy interests of United States persons or persons located inside the United States.

(Pub. L. 113–293, title III, §309, Dec. 19, 2014, 128 Stat. 3998.)

Editorial Notes

Codification

Section was enacted as part of the Intelligence Authorization Act for Fiscal Year 2015, and not as part of the Foreign Intelligence Surveillance Act of 1978 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Definitions

For definitions of "congressional intelligence committees" and "intelligence community" as used in this section, see section 2 of Pub. L. 113–293, set out as a note under section 3003 of this title.

SUBCHAPTER II—PHYSICAL SEARCHES

§1821. Definitions

As used in this subchapter:

(1) The terms "foreign power", "agent of a foreign power", "international terrorism", "sabotage", "foreign intelligence information", "Attorney General", "United States person", "United States", "person", "weapon of mass destruction", and "State" shall have the same meanings as in section 1801 of this title, except as specifically provided by this subchapter.

(2) "Aggrieved person" means a person whose premises, property, information, or material is the target of physical search or any other person whose premises, property, information, or material was subject to physical search.

(3) "Foreign Intelligence Surveillance Court" means the court established by section 1803(a) of this title.

(4) "Minimization procedures" with respect to physical search, means—

(A) specific procedures, which shall be adopted by the Attorney General, that are reasonably designed in light of the purposes and technique of the particular physical search, to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information;

(B) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in section 1801(e)(1) of this title, shall not be disseminated in a manner that identifies any United States person, without such person's consent, unless such person's identity is necessary to understand such foreign intelligence information or assess its importance;

(C) notwithstanding subparagraphs (A) and (B), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes; and

(D) notwithstanding subparagraphs (A), (B), and (C), with respect to any physical search approved pursuant to section 1822(a) of this title, procedures that require that no information, material, or property of a United States person shall be disclosed, disseminated, or used for any purpose or retained for longer than 72 hours unless a court order under section 1824 of this title is obtained or unless the Attorney General determines that the information indicates a threat of death or serious bodily harm to any person.

(5) "Physical search" means any physical intrusion within the United States into premises or property (including examination of the interior of property by technical means) that is intended to result in a seizure, reproduction, inspection, or alteration of information, material, or property, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes, but does not include (A) "electronic surveillance", as defined in section 1801(f) of this title, or (B) the acquisition by the United States Government of foreign intelligence information from international or foreign communications, or foreign intelligence activities conducted in accordance with otherwise applicable Federal law involving a foreign electronic communications system, utilizing a means other than electronic surveillance as defined in section 1801(f) of this title.

(Pub. L. 95–511, title III, §301, as added Pub. L. 103–359, title VIII, §807(a)(3), Oct. 14, 1994, 108 Stat. 3443; amended Pub. L. 107–108, title III, §314(a)(3), Dec. 28, 2001, 115 Stat. 1402; Pub. L. 110–261, title I, §110(c)(2), July 10, 2008, 122 Stat. 2467; Pub. L. 111–259, title VIII, §801(4), Oct. 7, 2010, 124 Stat. 2746.)

Editorial Notes

Prior Provisions

A prior section 301 of Pub. L. 95–511 was renumbered section 701 and was set out as a note under section 1801 of this title, prior to repeal by Pub. L. 110–261.

Amendments

2010—Par. (1). Pub. L. 111–259 substituted " 'United States', 'person', 'weapon of mass destruction', and 'State' " for " 'United States', 'person', 'weapon of mass destruction', and 'State' ".

2008—Par. (1). Pub. L. 110–261 which directed the insertion of "weapon of mass destruction," after "person,", was executed by making the insertion after " 'person'," to reflect the probable intent of Congress.

2001—Par. (4)(D). Pub. L. 107–108 substituted "72 hours" for "24 hours".

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.

Effective Date

Pub. L. 103–359, title VIII, §807(c), Oct. 14, 1994, 108 Stat. 3453, provided that: "The amendments made by subsections (a) and (b) [enacting this subchapter and amending provisions set out as a note under section 1801 of this title] shall take effect 90 days after the date of enactment of this Act [Oct. 14, 1994], except that any physical search approved by the Attorney General of the United States to gather foreign intelligence information shall not be deemed unlawful for failure to follow the procedures of title III of the Foreign Intelligence Surveillance Act of 1978 [this subchapter] (as added by this Act), if that search is conducted within 180 days after the date of enactment of this Act pursuant to regulations issued by the Attorney General, which were in the possession of the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives before the date of enactment of this Act."

§1822. Authorization of physical searches for foreign intelligence purposes

(a) Presidential authorization

(1) Notwithstanding any other provision of law, the President, acting through the Attorney General, may authorize physical searches without a court order under this subchapter to acquire foreign intelligence information for periods of up to one year if—

(A) the Attorney General certifies in writing under oath that—

(i) the physical search is solely directed at premises, information, material, or property used exclusively by, or under the open and exclusive control of, a foreign power or powers (as defined in section 1801(a)(1), (2), or (3) of this title);

(ii) there is no substantial likelihood that the physical search will involve the premises, information, material, or property of a United States person; and

(iii) the proposed minimization procedures with respect to such physical search meet the definition of minimization procedures under subparagraphs (A) through (D) of section 1821(4) of this title; and

(B) the Attorney General reports such minimization procedures and any changes thereto to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate at least 30 days before their effective date, unless the Attorney General determines that immediate action is required and notifies the committees immediately of such minimization procedures and the reason for their becoming effective immediately.

(2) A physical search authorized by this subsection may be conducted only in accordance with the certification and minimization procedures adopted by the Attorney General. The Attorney General shall assess compliance with such procedures and shall report such assessments to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate under the provisions of section 1826 of this title.

(3) The Attorney General shall immediately transmit under seal to the Foreign Intelligence Surveillance Court a copy of the certification. Such certification shall be maintained under security measures established by the Chief Justice of the United States with the concurrence of the Attorney General, in consultation with the Director of National Intelligence, and shall remain sealed unless—

(A) an application for a court order with respect to the physical search is made under section 1821(4) of this title and section 1823 of this title; or

(B) the certification is necessary to determine the legality of the physical search under section 1825(g) of this title.

(4)(A) With respect to physical searches authorized by this subsection, the Attorney General may direct a specified landlord, custodian, or other specified person to—

(i) furnish all information, facilities, or assistance necessary to accomplish the physical search in such a manner as will protect its secrecy and produce a minimum of interference with the services that such landlord, custodian, or other person is providing the target of the physical search; and

(ii) maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the search or the aid furnished that such person wishes to retain.

(B) The Government shall compensate, at the prevailing rate, such landlord, custodian, or other person for furnishing such aid.

(b) Application for order; authorization

Applications for a court order under this subchapter are authorized if the President has, by written authorization, empowered the Attorney General to approve applications to the Foreign Intelligence Surveillance Court. Notwithstanding any other provision of law, a judge of the court to whom application is made may grant an order in accordance with section 1824 of this title approving a physical search in the United States of the premises, property, information, or material of a foreign power or an agent of a foreign power for the purpose of collecting foreign intelligence information.

(c) Jurisdiction of Foreign Intelligence Surveillance Court

The Foreign Intelligence Surveillance Court shall have jurisdiction to hear applications for and grant orders approving a physical search for the purpose of obtaining foreign intelligence information anywhere within the United States under the procedures set forth in this subchapter, except that no judge (except when sitting en banc) shall hear the same application which has been denied previously by another judge designated under section 1803(a) of this title. If any judge so designated denies an application for an order authorizing a physical search under this subchapter, such judge shall provide immediately for the record a written statement of each reason for such decision and, on motion of the United States, the record shall be transmitted, under seal, to the court of review established under section 1803(b) of this title.

(d) Court of review; record; transmittal to Supreme Court

The court of review established under section 1803(b) of this title shall have jurisdiction to review the denial of any application made under this subchapter. If such court determines that the application was properly denied, the court shall provide for the record a written statement of each reason for its decision and, on petition of the United States for a writ of certiorari, the record shall be transmitted under seal to the Supreme Court, which shall have jurisdiction to review such decision.

(e) Expeditious conduct of proceedings; security measures for maintenance of records

Judicial proceedings under this subchapter shall be concluded as expeditiously as possible. The record of proceedings under this subchapter, including applications made and orders granted, shall be maintained under security measures established by the Chief Justice of the United States in consultation with the Attorney General and the Director of National Intelligence.

(Pub. L. 95–511, title III, §302, as added Pub. L. 103–359, title VIII, §807(a)(3), Oct. 14, 1994, 108 Stat. 3444; amended Pub. L. 108–458, title I, §1071(e), Dec. 17, 2004, 118 Stat. 3691; Pub. L. 110–261, title I, §109(b)(2)(B), July 10, 2008, 122 Stat. 2465; Pub. L. 111–259, title VIII, §806(a)(2), Oct. 7, 2010, 124 Stat. 2748; Pub. L. 115–118, title II, §205(a)(2), (b)(3), Jan. 19, 2018, 132 Stat. 21, 22.)

Editorial Notes

Amendments

2018—Subsec. (a)(1)(A)(iii). Pub. L. 115–118, §205(a)(2), substituted "subparagraphs (A) through (D)" for "paragraphs (1) through (4)".

Subsec. (d). Pub. L. 115–118, §205(b)(3), struck out "immediately" after "the court shall".

2010—Subsecs. (a)(3), (4)(A)(ii), (e). Pub. L. 111–259 made technical amendment to directory language of Pub. L. 108–458. See 2004 Amendment note below.

2008—Subsec. (c). Pub. L. 110–261 inserted "(except when sitting en banc)" after "except that no judge".

2004—Subsecs. (a)(3), (4)(A)(ii), (e). Pub. L. 108–458, as amended by Pub. L. 111–259, substituted "Director of National Intelligence" for "Director of Central Intelligence".

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.

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 3001 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 3001 of this title.

Effective Date

Section effective 90 days after Oct. 14, 1994, with exception for certain physical searches approved by the Attorney General to gather foreign intelligence information, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title.

Executive Documents

Ex. Ord. No. 12949. Foreign Intelligence Physical Searches

Ex. Ord. No. 12949, Feb. 9, 1995, 60 F.R. 8169, as amended by Ex. Ord. No. 13383, §2, July 15, 2005, 70 F.R. 41933; Ex. Ord. No. 13475, §2, Oct. 7, 2008, 73 F.R. 60095, provided:

By the authority vested in me as President by the Constitution and the laws of the United States, including sections 302 and 303 of the Foreign Intelligence Surveillance Act of 1978 ("Act") (50 U.S.C. 1801, et seq.), as amended by Public Law 103–359 [50 U.S.C. 1822, 1823], and in order to provide for the authorization of physical searches for foreign intelligence purposes as set forth in the Act, it is hereby ordered as follows:

Section 1. Pursuant to section 302(a)(1) of the Act, the Attorney General is authorized to approve physical searches, without a court order, to acquire foreign intelligence information for periods of up to one year, if the Attorney General makes the certifications required by that section.

Sec. 2. Pursuant to section 302(b) of the Act, the Attorney General is authorized to approve applications to the Foreign Intelligence Surveillance Court under section 303 of the Act to obtain orders for physical searches for the purpose of collecting foreign intelligence information.

Sec. 3. Pursuant to section 303(a)(6) of the Act, the following officials, each of whom is employed in the area of national security or defense, is designated to make the certifications required by section 303(a)(6) of the Act in support of applications to conduct physical searches:

(a) Secretary of State;

(b) Secretary of Defense;

[(c)] Director of National Intelligence;

(d) Director of the Federal Bureau of Investigation,

(e) Deputy Secretary of State;

(f) Deputy Secretary of Defense;

(g) Director of the Central Intelligence Agency;

(h) Principal Deputy Director of National Intelligence; and

(i) Deputy Director of the Federal Bureau of Investigation.

None of the above officials, nor anyone officially acting in that capacity, may exercise the authority to make the above certifications, unless that official has been appointed by the President, by and with the advice and consent of the Senate. The requirement of the preceding sentence that the named official must be appointed by the President with the advice and consent of the Senate does not apply to the Deputy Director of the Federal Bureau of Investigation.

§1823. Application for order

(a) Submission by Federal officer; approval of Attorney General; contents

Each application for an order approving a physical search under this subchapter shall be made by a Federal officer in writing upon oath or affirmation to a judge of the Foreign Intelligence Surveillance Court. Each application shall require the approval of the Attorney General based upon the Attorney General's finding that it satisfies the criteria and requirements for such application as set forth in this subchapter. Each application shall include—

(1) the identity of the Federal officer making the application;

(2) the identity, if known, or a description of the target of the search, and a description of the premises or property to be searched and of the information, material, or property to be seized, reproduced, or altered;

(3) a sworn statement of the facts and circumstances relied upon by the applicant to justify the applicant's belief that—

(A) the target of the physical search is a foreign power or an agent of a foreign power, and, in the case of a target that is a United States person alleged to be acting as an agent of a foreign power (as described in section 1801(b)(2)(B) of this title), that a violation of the criminal statutes of the United States as referred to in section 1801(b)(2)(B) of this title has occurred or is about to occur;

(B) the premises or property to be searched contains foreign intelligence information; and

(C) the premises or property to be searched is or is about to be owned, used, possessed by, or is in transit to or from a foreign power or an agent of a foreign power;

(4) a statement of the proposed minimization procedures;

(5) a statement of the nature of the foreign intelligence sought and the manner in which the physical search is to be conducted;

(6) a certification or certifications by the Assistant to the President for National Security Affairs, an executive branch official or officials designated by the President from among those executive branch officers employed in the area of national security or defense and appointed by the President, by and with the advice and consent of the Senate, or the Deputy Director of the Federal Bureau of Investigation, if designated by the President as a certifying official—

(A) that the certifying official deems the information sought to be foreign intelligence information;

(B) that a significant purpose of the search is to obtain foreign intelligence information;

(C) that such information cannot reasonably be obtained by normal investigative techniques;

(D) that designates the type of foreign intelligence information being sought according to the categories described in section 1801(e) of this title;

(E) includes a statement explaining the basis for the certifications required by subparagraphs (C) and (D); and

(F) that none of the information included in the statement described in paragraph (3) was solely produced by, derived from information produced by, or obtained using the funds of, a political organization (as such term is defined in section 527 of title 26), unless—

(i) the political organization is clearly identified in the body of the statement described in paragraph (3);

(ii) the information has been corroborated; and

(iii) the investigative techniques used to corroborate the information are clearly identified in the body of the statement described in paragraph (3); and

(G) that none of the information included in the statement described in paragraph (3) is attributable to or derived from the content of a media source unless the statement includes a clear identification of each author of that content, where applicable, the publisher of that content, information to corroborate that which was derived from the media source, and an explanation of the investigative techniques used to corroborate the information;

(7) where the physical search involves a search of the residence of a United States person, the Attorney General shall state what investigative techniques have previously been utilized to obtain the foreign intelligence information concerned and the degree to which these techniques resulted in acquiring such information;

(8) a statement of the facts concerning all previous applications that have been made to any judge under this subchapter involving any of the persons, premises, or property specified in the application, and the action taken on each previous application;

(9) in the case of an application for an extension of an order under this subchapter in which the target of the physical search is a United States person, a summary statement of the foreign intelligence information obtained pursuant to the original order (and any preceding extension thereof) as of the date of the application for the extension, or a reasonable explanation of the failure to obtain such information; and

(10) a certification by the applicant that, to the best knowledge of the applicant, the Attorney General or a designated attorney for the Government has been apprised of all information that might reasonably—

(A) call into question the accuracy of the application or the reasonableness of any assessment in the application conducted by the department or agency on whose behalf the application is made; or

(B) otherwise raise doubts with respect to the findings required under section 1824(a) of this title.

(11) non-cumulative information known to the applicant or declarant that is potentially exculpatory regarding the requested legal findings or any assessment in the application.

(b) Additional affidavits or certifications

The Attorney General may require any other affidavit or certification from any other officer in connection with the application.

(c) Additional information

The judge may require the applicant to furnish such other information as may be necessary to make the determinations required by section 1824 of this title.

(d) Personal review by Attorney General

(1)(A) Upon written request of the Director of the Federal Bureau of Investigation, the Secretary of Defense, the Secretary of State, the Director of National Intelligence, or the Director of the Central Intelligence Agency, the Attorney General shall personally review under subsection (a) an application under that subsection for a target described in section 1801(b)(2) of this title.

(B) Except when disabled or otherwise unavailable to make a request referred to in subparagraph (A), an official referred to in that subparagraph may not delegate the authority to make a request referred to in that subparagraph.

(C) Each official referred to in subparagraph (A) with authority to make a request under that subparagraph shall take appropriate actions in advance to ensure that delegation of such authority is clearly established in the event such official is disabled or otherwise unavailable to make such request.

(2)(A) If as a result of a request under paragraph (1) the Attorney General determines not to approve an application under the second sentence of subsection (a) for purposes of making the application under this section, the Attorney General shall provide written notice of the determination to the official making the request for the review of the application under that paragraph. Except when disabled or otherwise unavailable to make a determination under the preceding sentence, the Attorney General may not delegate the responsibility to make a determination under that sentence. The Attorney General shall take appropriate actions in advance to ensure that delegation of such responsibility is clearly established in the event the Attorney General is disabled or otherwise unavailable to make such determination.

(B) Notice with respect to an application under subparagraph (A) shall set forth the modifications, if any, of the application that are necessary in order for the Attorney General to approve the application under the second sentence of subsection (a) for purposes of making the application under this section.

(C) Upon review of any modifications of an application set forth under subparagraph (B), the official notified of the modifications under this paragraph shall modify the application if such official determines that such modification is warranted. Such official shall supervise the making of any modification under this subparagraph. Except when disabled or otherwise unavailable to supervise the making of any modification under the preceding sentence, such official may not delegate the responsibility to supervise the making of any modification under that preceding sentence. Each such official shall take appropriate actions in advance to ensure that delegation of such responsibility is clearly established in the event such official is disabled or otherwise unavailable to supervise the making of such modification.

(Pub. L. 95–511, title III, §303, as added Pub. L. 103–359, title VIII, §807(a)(3), Oct. 14, 1994, 108 Stat. 3446; amended Pub. L. 106–567, title VI, §603(a), Dec. 27, 2000, 114 Stat. 2852; Pub. L. 107–56, title II, §218, Oct. 26, 2001, 115 Stat. 291; Pub. L. 108–458, title I, §1071(e), Dec. 17, 2004, 118 Stat. 3691; Pub. L. 110–261, title I, §107(a), July 10, 2008, 122 Stat. 2462; Pub. L. 111–259, title VIII, §806(a)(2), Oct. 7, 2010, 124 Stat. 2748; Pub. L. 118–49, §§6(a)(2), (b)(2), (c)(2), (e)(2), (f)(2), 10(a)(2), (b)(2), Apr. 20, 2024, 138 Stat. 870–873, 875, 877.)

Editorial Notes

Amendments

2024—Subsec. (a)(3). Pub. L. 118–49, §6(a)(2), substituted "a sworn statement of" for "a statement of".

Subsec. (a)(3)(A). Pub. L. 118–49, §6(f)(2), inserted before semicolon at end ", and, in the case of a target that is a United States person alleged to be acting as an agent of a foreign power (as described in section 1801(b)(2)(B) of this title), that a violation of the criminal statutes of the United States as referred to in section 1801(b)(2)(B) of this title has occurred or is about to occur".

Subsec. (a)(6)(F). Pub. L. 118–49, §6(b)(2), added subpar. (F).

Subsec. (a)(6)(G). Pub. L. 118–49, §6(c)(2), added subpar. (G).

Subsec. (a)(9). Pub. L. 118–49, §6(e)(2), added par. (9).

Subsec. (a)(10). Pub. L. 118–49, §10(a)(2), added par. (10).

Subsec. (a)(11). Pub. L. 118–49, §10(b)(2), added par. (11).

2010—Subsec. (d)(1)(A). Pub. L. 111–259 made technical amendment to directory language of Pub. L. 108–458. See 2004 Amendment note below.

2008—Subsec. (a)(2). Pub. L. 110–261, §107(a)(1)(A)–(C), redesignated par. (3) as (2), struck out "detailed" before "description of the premises", and struck out former par. (2) which read as follows: "the authority conferred on the Attorney General by the President and the approval of the Attorney General to make the application;".

Subsec. (a)(3). Pub. L. 110–261, §107(a)(1)(B), (D), redesignated par. (4) as (3) and inserted "or is about to be" before "owned" in subpar. (C). Former par. (3) redesignated (2).

Subsec. (a)(4), (5). Pub. L. 110–261, §107(a)(1)(B), redesignated pars. (5) and (6) as (4) and (5), respectively. Former par. (4) redesignated (3).

Subsec. (a)(6). Pub. L. 110–261, §107(a)(1)(B), (E), redesignated par. (7) as (6) and substituted "Affairs," for "Affairs or" and "Senate, or the Deputy Director of the Federal Bureau of Investigation, if designated by the President as a certifying official—" for "Senate—" in introductory provisions. Former par. (6) redesignated (5).

Subsec. (a)(7) to (9). Pub. L. 110–261, §107(a)(1)(B), redesignated pars. (8) and (9) as (7) and (8), respectively. Former par. (7) redesignated (6).

Subsec. (d)(1)(A). Pub. L. 110–261, §107(a)(2), substituted "the Director of National Intelligence, or the Director of the Central Intelligence Agency" for "or the Director of National Intelligence".

2004—Subsec. (d)(1)(A). Pub. L. 108–458, as amended by Pub. L. 111–259, substituted "Director of National Intelligence" for "Director of Central Intelligence".

2001—Subsec. (a)(7)(B). Pub. L. 107–56 substituted "a significant purpose" for "the purpose".

2000—Subsec. (d). Pub. L. 106–567 added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2024 Amendment

Amendment by section 6(a)(2) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 6(a)(5) of Pub. L. 118–49, set out as a note under section 1804 of this title.

Amendment by section 6(b)(2) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 6(b)(3) of Pub. L. 118–49, set out as a note under section 1804 of this title.

Amendment by section 6(c)(2) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 6(c)(3) of Pub. L. 118–49, set out as a note under section 1804 of this title.

Amendment by section 6(e)(2) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 6(e)(3) of Pub. L. 118–49, set out as a note under section 1804 of this title.

Amendment by section 6(f)(2) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 6(f)(3) of Pub. L. 118–49, set out as a note under section 1804 of this title.

Amendment by section 10(a)(2) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 10(a)(6) of Pub. L. 118–49, set out as a note under section 1804 of this title.

Amendment by section 10(b)(2) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 10(b)(6) of Pub. L. 118–49, set out as a note under section 1804 of this title.

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.

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 3001 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 3001 of this title.

Effective Date

Section effective 90 days after Oct. 14, 1994, with exception for certain physical searches approved by the Attorney General to gather foreign intelligence information, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title.

Executive Documents

Officials Designated To Make Certifications

For provisions listing officials designated by President to make certifications required by subsec. (a)(7) of this section, see Ex. Ord. No. 12949, §3, Feb. 9, 1995, 60 F.R. 8169, set out as a note under section 1822 of this title.

§1824. Issuance of order

(a) Necessary findings

Upon an application made pursuant to section 1823 of this title, the judge shall enter an ex parte order as requested or as modified approving the physical search if the judge finds that—

(1) the application has been made by a Federal officer and approved by the Attorney General;

(2) on the basis of the facts submitted by the applicant there is probable cause to believe that—

(A) the target of the physical search is a foreign power or an agent of a foreign power, except that no United States person may be considered an agent of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States; and

(B) the premises or property to be searched is or is about to be owned, used, possessed by, or is in transit to or from an agent of a foreign power or a foreign power;

(3) the proposed minimization procedures meet the definition of minimization contained in this subchapter; and

(4) the application which has been filed contains all statements and certifications required by section 1823 of this title, and, if the target is a United States person, the certification or certifications are not clearly erroneous on the basis of the statement made under section 1823(a)(6)(E) of this title and any other information furnished under section 1823(c) of this title.

(b) Determination of probable cause

In determining whether or not probable cause exists for purposes of an order under subsection (a)(2), a judge may consider past activities of the target, as well as facts and circumstances relating to current or future activities of the target.

(c) Specifications and directions of orders

An order approving a physical search under this section shall—

(1) specify—

(A) the identity, if known, or a description of the target of the physical search;

(B) the nature and location of each of the premises or property to be searched;

(C) the type of information, material, or property to be seized, altered, or reproduced;

(D) a statement of the manner in which the physical search is to be conducted and, whenever more than one physical search is authorized under the order, the authorized scope of each search and what minimization procedures shall apply to the information acquired by each search; and

(E) the period of time during which physical searches are approved; and

(2) direct—

(A) that the minimization procedures be followed;

(B) that, upon the request of the applicant, a specified landlord, custodian, or other specified person furnish the applicant forthwith all information, facilities, or assistance necessary to accomplish the physical search in such a manner as will protect its secrecy and produce a minimum of interference with the services that such landlord, custodian, or other person is providing the target of the physical search;

(C) that such landlord, custodian, or other person maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the search or the aid furnished that such person wishes to retain;

(D) that the applicant compensate, at the prevailing rate, such landlord, custodian, or other person for furnishing such aid; and

(E) that the Federal officer conducting the physical search promptly report to the court the circumstances and results of the physical search.

(d) Duration of order; extensions; assessment of compliance

(1) An order issued under this section may approve a physical search for the period necessary to achieve its purpose, or for 90 days, whichever is less, except that (A) an order under this section shall approve a physical search targeted against a foreign power for the period specified in the application or for one year, whichever is less, and (B) an order under this section for a physical search targeted against an agent of a foreign power who is not a United States person may be for the period specified in the application or for one year, whichever is less.

(2) At or before the end of the period of time for which a physical search is approved by an order or an extension, or at any time after a physical search is carried out, the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated.

(e) Emergency orders

(1) Notwithstanding any other provision of this subchapter, the Attorney General may authorize the emergency employment of a physical search if the Attorney General—

(A) reasonably determines that an emergency situation exists with respect to the employment of a physical search to obtain foreign intelligence information before an order authorizing such physical search can with due diligence be obtained;

(B) reasonably determines that the factual basis for issuance of an order under this subchapter to approve such physical search exists;

(C) informs, either personally or through a designee, a judge of the Foreign Intelligence Surveillance Court at the time of such authorization that the decision has been made to employ an emergency physical search; and

(D) makes an application in accordance with this subchapter to a judge of the Foreign Intelligence Surveillance Court as soon as practicable, but not more than 7 days after the Attorney General authorizes such physical search.

(2) If the Attorney General authorizes the emergency employment of a physical search under paragraph (1), the Attorney General shall require that the minimization procedures required by this subchapter for the issuance of a judicial order be followed.

(3) In the absence of a judicial order approving such physical search, the physical search shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 7 days from the time of authorization by the Attorney General, whichever is earliest.

(4) A denial of the application made under this subsection may be reviewed as provided in section 1803 of this title.

(5) In the event that such application for approval is denied, or in any other case where the physical search is terminated and no order is issued approving the physical search, no information obtained or evidence derived from such physical search shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such physical search shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.

(6) The Attorney General shall assess compliance with the requirements of paragraph (5).

(f) Retention of applications and orders

Applications made and orders granted under this subchapter shall be retained for a period of at least 10 years from the date of the application.

(Pub. L. 95–511, title III, §304, as added Pub. L. 103–359, title VIII, §807(a)(3), Oct. 14, 1994, 108 Stat. 3447; amended Pub. L. 106–567, title VI, §603(b), Dec. 27, 2000, 114 Stat. 2853; Pub. L. 107–56, title II, §207(a)(2), (b)(2), Oct. 26, 2001, 115 Stat. 282; Pub. L. 107–108, title III, §314(a)(4), Dec. 28, 2001, 115 Stat. 1402; Pub. L. 108–458, title I, §1071(e), Dec. 17, 2004, 118 Stat. 3691; Pub. L. 109–177, title I, §105(b), Mar. 9, 2006, 120 Stat. 195; Pub. L. 110–261, title I, §§107(b), (c)(1), 110(c)(3), July 10, 2008, 122 Stat. 2463, 2464, 2467; Pub. L. 111–259, title VIII, §§801(5), 806(a)(2), Oct. 7, 2010, 124 Stat. 2746, 2748; Pub. L. 118–49, §6(g)(2), Apr. 20, 2024, 138 Stat. 873.)

Editorial Notes

Amendments

2024—Subsec. (d)(1)(A). Pub. L. 118–49, §6(g)(2)(A)(i), substituted "against a foreign power" for "against a foreign power, as defined in paragraph (1), (2), or (3) of section 1801(a) of this title,".

Subsec. (d)(1)(B). Pub. L. 118–49, §6(g)(2)(A)(ii), substituted "one year" for "120 days".

Subsec. (d)(2), (3). Pub. L. 118–49, §6(g)(2)(B), (C), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: "Extensions of an order issued under this subchapter may be granted on the same basis as the original order upon an application for an extension and new findings made in the same manner as required for the original order, except that an extension of an order under this chapter for a physical search targeted against a foreign power, as defined in paragraph (5), (6), or (7) of section 1801(a) of this title, or against a foreign power, as defined in section 1801(a)(4) of this title, that is not a United States person, or against an agent of a foreign power who is not a United States person, may be for a period not to exceed one year if the judge finds probable cause to believe that no property of any individual United States person will be acquired during the period."

2010—Subsec. (b). Pub. L. 111–259, §801(5), substituted "subsection (a)(2)" for "subsection (a)(3)".

Subsec. (c)(2)(C). Pub. L. 111–259, §806(a)(2), made technical amendment to directory language of Pub. L. 108–458. See 2004 Amendment note below.

2008—Subsec. (a). Pub. L. 110–261, §107(b)(1), (c)(1), redesignated pars. (2) to (5) as (1) to (4), respectively, inserted "or is about to be" before "owned" in par. (2)(B), substituted "1823(a)(6)(E)" for "1823(a)(7)(E)" in par. (4), and struck out former par. (1) which read as follows: "the President has authorized the Attorney General to approve applications for physical searches for foreign intelligence purposes;".

Subsec. (d)(2). Pub. L. 110–261, §110(c)(3), substituted "paragraph (5), (6), or (7) of section 1801(a)" for "section 1801(a)(5) or (6)".

Subsec. (e). Pub. L. 110–261, §107(b)(2), amended subsec. (e) generally. Prior to amendment, subsec. (e) related to the power of the Attorney General to authorize the emergency employment of a physical search and required an application be made to a judge within 72 hours after the authorization.

2006—Subsec. (d)(1)(B), (2). Pub. L. 109–177 substituted "who is not a United States person" for "as defined in section 1801(b)(1)(A) of this title".

2004—Subsec. (c)(2)(C). Pub. L. 108–458, as amended by Pub. L. 111–259, §806(a)(2), substituted "Director of National Intelligence" for "Director of Central Intelligence".

2001—Subsec. (d)(1). Pub. L. 107–56, §207(a)(2), substituted "90 days," for "forty-five days," and inserted "(A)" after "except that" and ", and (B) an order under this section for a physical search targeted against an agent of a foreign power as defined in section 1801(b)(1)(A) of this title may be for the period specified in the application or for 120 days, whichever is less" before period at end.

Subsec. (d)(2). Pub. L. 107–56, §207(b)(2), inserted "or against an agent of a foreign power as defined in section 1801(b)(1)(A) of this title," after "not a United States person,".

Subsec. (e)(1)(A)(ii), (3)(C). Pub. L. 107–108 substituted "72 hours" for "24 hours".

2000—Subsecs. (b) to (f). Pub. L. 106–567 added subsec. (b) and redesignated former subsecs. (b) to (e) as (c) to (f), respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.

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 3001 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 3001 of this title.

Effective Date

Section effective 90 days after Oct. 14, 1994, with exception for certain physical searches approved by the Attorney General to gather foreign intelligence information, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title.

§1825. Use of information

(a) Compliance with minimization procedures; lawful purposes

Information acquired from a physical search conducted pursuant to this subchapter concerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the minimization procedures required by this subchapter. No information acquired from a physical search pursuant to this subchapter may be used or disclosed by Federal officers or employees except for lawful purposes.

(b) Notice of search and identification of property seized, altered, or reproduced

Where a physical search authorized and conducted pursuant to section 1824 of this title involves the residence of a United States person, and, at any time after the search the Attorney General determines there is no national security interest in continuing to maintain the secrecy of the search, the Attorney General shall provide notice to the United States person whose residence was searched of the fact of the search conducted pursuant to this chapter and shall identify any property of such person seized, altered, or reproduced during such search.

(c) Statement for disclosure

No information acquired pursuant to this subchapter shall be disclosed for law enforcement purposes unless such disclosure is accompanied by a statement that such information, or any information derived therefrom, may only be used in a criminal proceeding with the advance authorization of the Attorney General.

(d) Notification by United States

Whenever the United States intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, against an aggrieved person, any information obtained or derived from a physical search pursuant to the authority of this subchapter, the United States shall, prior to the trial, hearing, or the other proceeding or at a reasonable time prior to an effort to so disclose or so use that information or submit it in evidence, notify the aggrieved person and the court or other authority in which the information is to be disclosed or used that the United States intends to so disclose or so use such information.

(e) Notification by States or political subdivisions

Whenever any State or political subdivision thereof intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of a State or a political subdivision thereof against an aggrieved person any information obtained or derived from a physical search pursuant to the authority of this subchapter, the State or political subdivision thereof shall notify the aggrieved person, the court or other authority in which the information is to be disclosed or used, and the Attorney General that the State or political subdivision thereof intends to so disclose or so use such information.

(f) Motion to suppress

(1) Any person against whom evidence obtained or derived from a physical search to which he is an aggrieved person is to be, or has been, introduced or otherwise used or disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, a State, or a political subdivision thereof, may move to suppress the evidence obtained or derived from such search on the grounds that—

(A) the information was unlawfully acquired; or

(B) the physical search was not made in conformity with an order of authorization or approval.

(2) Such a motion shall be made before the trial, hearing, or other proceeding unless there was no opportunity to make such a motion or the person was not aware of the grounds of the motion.

(g) In camera and ex parte review by district court

Whenever a court or other authority is notified pursuant to subsection (d) or (e), or whenever a motion is made pursuant to subsection (f), or whenever any motion or request is made by an aggrieved person pursuant to any other statute or rule of the United States or any State before any court or other authority of the United States or any State to discover or obtain applications or orders or other materials relating to a physical search authorized by this subchapter or to discover, obtain, or suppress evidence or information obtained or derived from a physical search authorized by this subchapter, the United States district court or, where the motion is made before another authority, the United States district court in the same district as the authority shall, notwithstanding any other provision of law, if the Attorney General files an affidavit under oath that disclosure or any adversary hearing would harm the national security of the United States, review in camera and ex parte the application, order, and such other materials relating to the physical search as may be necessary to determine whether the physical search of the aggrieved person was lawfully authorized and conducted. In making this determination, the court may disclose to the aggrieved person, under appropriate security procedures and protective orders, portions of the application, order, or other materials relating to the physical search, or may require the Attorney General to provide to the aggrieved person a summary of such materials, only where such disclosure is necessary to make an accurate determination of the legality of the physical search.

(h) Suppression of evidence; denial of motion

If the United States district court pursuant to subsection (g) determines that the physical search was not lawfully authorized or conducted, it shall, in accordance with the requirements of law, suppress the evidence which was unlawfully obtained or derived from the physical search of the aggrieved person or otherwise grant the motion of the aggrieved person. If the court determines that the physical search was lawfully authorized or conducted, it shall deny the motion of the aggrieved person except to the extent that due process requires discovery or disclosure.

(i) Finality of orders

Orders granting motions or requests under subsection (h), decisions under this section that a physical search was not lawfully authorized or conducted, and orders of the United States district court requiring review or granting disclosure of applications, orders, or other materials relating to the physical search shall be final orders and binding upon all courts of the United States and the several States except a United States Court of Appeals or the Supreme Court.

(j) Notification of emergency execution of physical search; contents; postponement, suspension, or elimination

(1) If an emergency execution of a physical search is authorized under section 1824(d) ¹ of this title and a subsequent order approving the search is not obtained, the judge shall cause to be served on any United States person named in the application and on such other United States persons subject to the search as the judge may determine in his discretion it is in the interests of justice to serve, notice of—

(A) the fact of the application;

(B) the period of the search; and

(C) the fact that during the period information was or was not obtained.

(2) On an ex parte showing of good cause to the judge, the serving of the notice required by this subsection may be postponed or suspended for a period not to exceed 90 days. Thereafter, on a further ex parte showing of good cause, the court shall forego ordering the serving of the notice required under this subsection.

(k) Coordination with law enforcement on national security matters

(1) Federal officers who conduct physical searches to acquire foreign intelligence information under this subchapter may consult with Federal law enforcement officers or law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision) to coordinate efforts to investigate or protect against—

(A) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;

(B) sabotage, international terrorism, or the international proliferation of weapons of mass destruction by a foreign power or an agent of a foreign power; or

(C) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power.

(2) Coordination authorized under paragraph (1) shall not preclude the certification required by section 1823(a)(6) of this title or the entry of an order under section 1824 of this title.

(Pub. L. 95–511, title III, §305, as added Pub. L. 103–359, title VIII, §807(a)(3), Oct. 14, 1994, 108 Stat. 3449; amended Pub. L. 107–56, title V, §504(b), Oct. 26, 2001, 115 Stat. 364; Pub. L. 107–296, title VIII, §899, Nov. 25, 2002, 116 Stat. 2258; Pub. L. 110–261, title I, §§107(c)(2), 110(b)(2), July 10, 2008, 122 Stat. 2464, 2466; Pub. L. 117–347, title III, §323(a)(1)(A), Jan. 5, 2023, 136 Stat. 6206.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (b), was in the original "this Act", meaning Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

Section 1824(d) of this title, referred to in subsec. (j)(1), was redesignated section 1824(e) of this title by Pub. L. 106–567, title VI, §603(b)(1), Dec. 27, 2000, 114 Stat. 2853.

Amendments

2023—Subsec. (k)(1). Pub. L. 117–347, §323(a)(1)(A), repealed Pub. L. 107–296, §899. See 2002 Amendment note below.

2008—Subsec. (k)(1)(B). Pub. L. 110–261, §110(b)(2), substituted "sabotage, international terrorism, or the international proliferation of weapons of mass destruction" for "sabotage or international terrorism".

Subsec. (k)(2). Pub. L. 110–261, §107(c)(2), substituted "1823(a)(6)" for "1823(a)(7)".

2002—Subsec. (k)(1). Pub. L. 107–296, §899, which inserted, in introductory provisions, "or law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision)" after "law enforcement officers", was repealed by Pub. L. 117–347, §323(a)(1)(A). Repeal to have no effect on amendment by Pub. L. 107–296, see Construction of 2023 Amendment note set out under section 2517 of Title 18, Crimes and Criminal Procedure.

2001—Subsec. (k). Pub. L. 107–56 added subsec. (k).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 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

Section effective 90 days after Oct. 14, 1994, with exception for certain physical searches approved by the Attorney General to gather foreign intelligence information, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title.

¹ See References in Text note below.

§1826. Congressional oversight

On a semiannual basis the Attorney General shall fully inform the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate concerning all physical searches conducted pursuant to this subchapter. On a semiannual basis the Attorney General shall also provide to those committees a report setting forth with respect to the preceding six-month period—

(1) the total number of applications made for orders approving physical searches under this subchapter;

(2) the total number of such orders either granted, modified, or denied;

(3) the number of physical searches which involved searches of the residences, offices, or personal property of United States persons, and the number of occasions, if any, where the Attorney General provided notice pursuant to section 1825(b) of this title; and

(4) the total number of emergency physical searches authorized by the Attorney General under section 1824(e) of this title and the total number of subsequent orders approving or denying such physical searches.

(Pub. L. 95–511, title III, §306, as added Pub. L. 103–359, title VIII, §807(a)(3), Oct. 14, 1994, 108 Stat. 3451; amended Pub. L. 109–177, title I, §109(a), Mar. 9, 2006, 120 Stat. 204; Pub. L. 114–23, title VI, §605(b), June 2, 2015, 129 Stat. 298.)

Editorial Notes

Amendments

2015—Pub. L. 114–23, in introductory provisions, substituted "Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate" for "Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the Senate," and struck out "and the Committee on the Judiciary of the House of Representatives" after "those committees".

2006—Pub. L. 109–177, §109(a)(1), (2), in introductory provisions, inserted ", and the Committee on the Judiciary of the Senate," after "Select Committee on Intelligence of the Senate" and substituted "and the Committee on the Judiciary of the House of Representatives" for "and the Committees on the Judiciary of the House of Representatives and the Senate".

Par. (4). Pub. L. 109–177, §109(a)(3)–(5), added par. (4).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 90 days after Oct. 14, 1994, with exception for certain physical searches approved by the Attorney General to gather foreign intelligence information, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title.

§1827. Penalties

(a) Prohibited activities

A person is guilty of an offense if he intentionally—

(1) under color of law for the purpose of obtaining foreign intelligence information, executes a physical search within the United States except as authorized by statute; or

(2) discloses or uses information obtained under color of law by physical search within the United States, knowing or having reason to know that the information was obtained through physical search not authorized by statute, for the purpose of obtaining intelligence information.

(b) Defense

It is a defense to a prosecution under subsection (a) that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the physical search was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction.

(c) Fine or imprisonment

An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both.

(d) Federal jurisdiction

There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed.

(Pub. L. 95–511, title III, §307, as added Pub. L. 103–359, title VIII, §807(a)(3), Oct. 14, 1994, 108 Stat. 3452.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 90 days after Oct. 14, 1994, with exception for certain physical searches approved by the Attorney General to gather foreign intelligence information, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title.

§1828. Civil liability

An aggrieved person, other than a foreign power or an agent of a foreign power, as defined in section 1801(a) or (b)(1)(A), respectively, of this title, whose premises, property, information, or material has been subjected to a physical search within the United States or about whom information obtained by such a physical search has been disclosed or used in violation of section 1827 of this title shall have a cause of action against any person who committed such violation and shall be entitled to recover—

(1) actual damages, but not less than liquidated damages of $1,000 or $100 per day for each day of violation, whichever is greater;

(2) punitive damages; and

(3) reasonable attorney's fees and other investigative and litigation costs reasonably incurred.

(Pub. L. 95–511, title III, §308, as added Pub. L. 103–359, title VIII, §807(a)(3), Oct. 14, 1994, 108 Stat. 3452.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 90 days after Oct. 14, 1994, with exception for certain physical searches approved by the Attorney General to gather foreign intelligence information, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title.

§1829. Authorization during time of war

Notwithstanding any other provision of law, the President, through the Attorney General, may authorize physical searches without a court order under this subchapter to acquire foreign intelligence information for a period not to exceed 15 calendar days following a declaration of war by the Congress.

(Pub. L. 95–511, title III, §309, as added Pub. L. 103–359, title VIII, §807(a)(3), Oct. 14, 1994, 108 Stat. 3452.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 90 days after Oct. 14, 1994, with exception for certain physical searches approved by the Attorney General to gather foreign intelligence information, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title.

SUBCHAPTER III—PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN INTELLIGENCE PURPOSES

§1841. Definitions

As used in this subchapter:

(1) The terms "foreign power", "agent of a foreign power", "international terrorism", "foreign intelligence information", "Attorney General", "United States person", "United States", "person", and "State" shall have the same meanings as in section 1801 of this title.

(2) The terms "pen register" and "trap and trace device" have the meanings given such terms in section 3127 of title 18.

(3) The term "aggrieved person" means any person—

(A) whose telephone line was subject to the installation or use of a pen register or trap and trace device authorized by this subchapter; or

(B) whose communication instrument or device was subject to the use of a pen register or trap and trace device authorized by this subchapter to capture incoming electronic or other communications impulses.

(4)(A) The term "specific selection term"—

(i) is a term that specifically identifies a person, account, address, or personal device, or any other specific identifier; and

(ii) is used to limit, to the greatest extent reasonably practicable, the scope of information sought, consistent with the purpose for seeking the use of the pen register or trap and trace device.

(B) A specific selection term under subparagraph (A) does not include an identifier that does not limit, to the greatest extent reasonably practicable, the scope of information sought, consistent with the purpose for seeking the use of the pen register or trap and trace device, such as an identifier that—

(i) identifies an electronic communication service provider (as that term is defined in section 1881 of this title) or a provider of remote computing service (as that term is defined in section 2711 of title 18), when not used as part of a specific identifier as described in subparagraph (A), unless the provider is itself a subject of an authorized investigation for which the specific selection term is used as the basis for the use; or

(ii) identifies a broad geographic region, including the United States, a city, a county, a State, a zip code, or an area code, when not used as part of a specific identifier as described in subparagraph (A).

(C) For purposes of subparagraph (A), the term "address" means a physical address or electronic address, such as an electronic mail address or temporarily assigned network address (including an Internet protocol address).

(D) Nothing in this paragraph shall be construed to preclude the use of multiple terms or identifiers to meet the requirements of subparagraph (A).

(Pub. L. 95–511, title IV, §401, as added Pub. L. 105–272, title VI, §601(2), Oct. 20, 1998, 112 Stat. 2404; amended Pub. L. 114–23, title II, §201(b), June 2, 2015, 129 Stat. 277.)

Editorial Notes

Prior Provisions

A prior section 401 of Pub. L. 95–511 was renumbered section 701 and was set out as a note under section 1801 of this title, prior to repeal by Pub. L. 110–261.

Amendments

2015—Par. (4). Pub. L. 114–23 added par. (4).

§1842. Pen registers and trap and trace devices for foreign intelligence and international terrorism investigations

(a) Application for authorization or approval

(1) Notwithstanding any other provision of law, the Attorney General or a designated attorney for the Government may make an application for an order or an extension of an order authorizing or approving the installation and use of a pen register or trap and trace device for any investigation to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution which is being conducted by the Federal Bureau of Investigation under such guidelines as the Attorney General approves pursuant to Executive Order No. 12333, or a successor order.

(2) The authority under paragraph (1) is in addition to the authority under subchapter I of this chapter to conduct the electronic surveillance referred to in that paragraph.

(b) Form of application; recipient

Each application under this section shall be in writing under oath or affirmation to—

(1) a judge of the court established by section 1803(a) of this title; or

(2) a United States Magistrate Judge under chapter 43 of title 28 who is publicly designated by the Chief Justice of the United States to have the power to hear applications for and grant orders approving the installation and use of a pen register or trap and trace device on behalf of a judge of that court.

(c) Executive approval; contents of application

Each application under this section shall require the approval of the Attorney General, or a designated attorney for the Government, and shall include—

(1) the identity of the Federal officer seeking to use the pen register or trap and trace device covered by the application;

(2) a certification by the applicant that the information likely to be obtained is foreign intelligence information not concerning a United States person or is relevant to an ongoing investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution;

(3) a specific selection term to be used as the basis for the use of the pen register or trap and trace device;

(4) a certification by the Federal Officer seeking to use the pen register or trap and trace device covered by the application that, to the best knowledge of the Federal Officer, the Attorney General or a designated attorney for the Government has been apprised of all information that might reasonably—

(A) call into question the accuracy of the application or the reasonableness of any assessment in the application conducted by the department or agency on whose behalf the application is made; or

(B) otherwise raise doubts with respect to the findings required under subsection (d); and

(5) non-cumulative information known to the Federal officer seeking to use the pen register or trap and trace device covered by the application, that is potentially exculpatory regarding the requested legal findings or any assessment in the application.

(d) Ex parte judicial order of approval

(1) Upon an application made pursuant to this section, the judge shall enter an ex parte order as requested, or as modified, approving the installation and use of a pen register or trap and trace device if the judge finds that the application satisfies the requirements of this section.

(2) An order issued under this section—

(A) shall specify—

(i) the identity, if known, of the person who is the subject of the investigation;

(ii) the identity, if known, of the person to whom is leased or in whose name is listed the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied; and

(iii) the attributes of the communications to which the order applies, such as the number or other identifier, and, if known, the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied and, in the case of a trap and trace device, the geographic limits of the trap and trace order;

(B) shall direct that—

(i) upon request of the applicant, the provider of a wire or electronic communication service, landlord, custodian, or other person shall furnish any information, facilities, or technical assistance necessary to accomplish the installation and operation of the pen register or trap and trace device in such a manner as will protect its secrecy and produce a minimum amount of interference with the services that such provider, landlord, custodian, or other person is providing the person concerned;

(ii) such provider, landlord, custodian, or other person—

(I) shall not disclose the existence of the investigation or of the pen register or trap and trace device to any person unless or until ordered by the court; and

(II) shall maintain, under security procedures approved by the Attorney General and the Director of National Intelligence pursuant to section 1805(b)(2)(C) ¹ of this title, any records concerning the pen register or trap and trace device or the aid furnished; and

(iii) the applicant shall compensate such provider, landlord, custodian, or other person for reasonable expenses incurred by such provider, landlord, custodian, or other person in providing such information, facilities, or technical assistance; and

(C) shall direct that, upon the request of the applicant, the provider of a wire or electronic communication service shall disclose to the Federal officer using the pen register or trap and trace device covered by the order—

(i) in the case of the customer or subscriber using the service covered by the order (for the period specified by the order)—

(I) the name of the customer or subscriber;

(II) the address of the customer or subscriber;

(III) the telephone or instrument number, or other subscriber number or identifier, of the customer or subscriber, including any temporarily assigned network address or associated routing or transmission information;

(IV) the length of the provision of service by such provider to the customer or subscriber and the types of services utilized by the customer or subscriber;

(V) in the case of a provider of local or long distance telephone service, any local or long distance telephone records of the customer or subscriber;

(VI) if applicable, any records reflecting period of usage (or sessions) by the customer or subscriber; and

(VII) any mechanisms and sources of payment for such service, including the number of any credit card or bank account utilized for payment for such service; and

(ii) if available, with respect to any customer or subscriber of incoming or outgoing communications to or from the service covered by the order—

(I) the name of such customer or subscriber;

(II) the address of such customer or subscriber;

(III) the telephone or instrument number, or other subscriber number or identifier, of such customer or subscriber, including any temporarily assigned network address or associated routing or transmission information; and

(IV) the length of the provision of service by such provider to such customer or subscriber and the types of services utilized by such customer or subscriber.

(3) A denial of the application made under this subsection may be reviewed as provided in section 1803 of this title.

(e) Time limitation

(1) Except as provided in paragraph (2), an order issued under this section shall authorize the installation and use of a pen register or trap and trace device for a period not to exceed 90 days. Extensions of such an order may be granted, but only upon an application for an order under this section and upon the judicial finding required by subsection (d). The period of extension shall be for a period not to exceed 90 days.

(2) In the case of an application under subsection (c) where the applicant has certified that the information likely to be obtained is foreign intelligence information not concerning a United States person, an order, or an extension of an order, under this section may be for a period not to exceed one year.

(f) Cause of action barred

No cause of action shall lie in any court against any provider of a wire or electronic communication service, landlord, custodian, or other person (including any officer, employee, agent, or other specified person thereof) that furnishes any information, facilities, or technical assistance under subsection (d) in accordance with the terms of an order issued under this section.

(g) Furnishing of results

Unless otherwise ordered by the judge, the results of a pen register or trap and trace device shall be furnished at reasonable intervals during regular business hours for the duration of the order to the authorized Government official or officials.

(h) Privacy procedures

(1) In general

The Attorney General shall ensure that appropriate policies and procedures are in place to safeguard nonpublicly available information concerning United States persons that is collected through the use of a pen register or trap and trace device installed under this section. Such policies and procedures shall, to the maximum extent practicable and consistent with the need to protect national security, include privacy protections that apply to the collection, retention, and use of information concerning United States persons.

(2) Rule of construction

Nothing in this subsection limits the authority of the court established under section 1803(a) of this title or of the Attorney General to impose additional privacy or minimization procedures with regard to the installation or use of a pen register or trap and trace device.

(Pub. L. 95–511, title IV, §402, as added Pub. L. 105–272, title VI, §601(2), Oct. 20, 1998, 112 Stat. 2405; amended Pub. L. 107–56, title II, §214(a), Oct. 26, 2001, 115 Stat. 286; Pub. L. 107–108, title III, §314(a)(5), Dec. 28, 2001, 115 Stat. 1402; Pub. L. 108–458, title I, §1071(e), Dec. 17, 2004, 118 Stat. 3691; Pub. L. 109–177, title I, §§105(c), 128(a), Mar. 9, 2006, 120 Stat. 195, 228; Pub. L. 111–259, title VIII, §806(a)(2), Oct. 7, 2010, 124 Stat. 2748; Pub. L. 114–23, title II, §§201(a), 202(a), June 2, 2015, 129 Stat. 277; Pub. L. 115–118, title II, §205(b)(4), Jan. 19, 2018, 132 Stat. 22; Pub. L. 118–49, §10(a)(3), (b)(3), Apr. 20, 2024, 138 Stat. 876, 877.)

Editorial Notes

References in Text

Executive Order No. 12333, referred to in subsec. (a)(1), is set out as a note under section 3001 of this title.

Section 1805(b)(2)(C) of this title, referred to in subsec. (d)(2)(B)(ii)(II), was redesignated section 1805(c)(2)(C) of this title by Pub. L. 106–567, title VI, §602(b)(1), Dec. 27, 2000, 114 Stat. 2851.

Amendments

2024—Subsec. (c)(4). Pub. L. 118–49, §10(a)(3), added par. (4).

Subsec. (c)(5). Pub. L. 118–49, §10(b)(3), added par. (5).

2018—Subsec. (d)(3). Pub. L. 115–118 added par. (3).

2015—Subsec. (c)(3). Pub. L. 114–23, §201(a), added par. (3).

Subsec. (h). Pub. L. 114–23, §202(a), added subsec. (h).

2010—Subsec. (d)(2)(B)(ii)(II). Pub. L. 111–259 made technical amendment to directory language of Pub. L. 108–458. See 2004 Amendment note below.

2006—Subsec. (d)(2)(A). Pub. L. 109–177, §128(a)(1), inserted "and" at end of cl. (ii) and substituted semicolon for period at end of cl. (iii).

Subsec. (d)(2)(C). Pub. L. 109–177, §128(a)(2), (3), added subpar. (C).

Subsec. (e). Pub. L. 109–177, §105(c), designated existing provisions as par. (1), substituted "Except as provided in paragraph (2), an order issued" for "An order issued", and added par. (2).

2004—Subsec. (d)(2)(B)(ii)(II). Pub. L. 108–458, as amended by Pub. L. 111–259, substituted "Director of National Intelligence" for "Director of Central Intelligence".

2001—Subsec. (a)(1). Pub. L. 107–56, §214(a)(1), substituted "for any investigation to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution" for "for any investigation to gather foreign intelligence information or information concerning international terrorism".

Subsec. (c)(1). Pub. L. 107–108, §314(a)(5)(A), inserted "and" after semicolon at end.

Subsec. (c)(2). Pub. L. 107–56, §214(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "a certification by the applicant that the information likely to be obtained is relevant to an ongoing foreign intelligence or international terrorism investigation being conducted by the Federal Bureau of Investigation under guidelines approved by the Attorney General; and".

Subsec. (c)(3). Pub. L. 107–56, §214(a)(3), struck out par. (3) which read as follows: "information which demonstrates that there is reason to believe that the telephone line to which the pen register or trap and trace device is to be attached, or the communication instrument or device to be covered by the pen register or trap and trace device, has been or is about to be used in communication with—

"(A) an individual who is engaging or has engaged in international terrorism or clandestine intelligence activities that involve or may involve a violation of the criminal laws of the United States; or

"(B) a foreign power or agent of a foreign power under circumstances giving reason to believe that the communication concerns or concerned international terrorism or clandestine intelligence activities that involve or may involve a violation of the criminal laws of the United States."

Subsec. (d)(2)(A). Pub. L. 107–56, §214(a)(4), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "shall specify—

"(i) the identity, if known, of the person who is the subject of the foreign intelligence or international terrorism investigation;

"(ii) in the case of an application for the installation and use of a pen register or trap and trace device with respect to a telephone line—

"(I) the identity, if known, of the person to whom is leased or in whose name the telephone line is listed; and

"(II) the number and, if known, physical location of the telephone line; and

"(iii) in the case of an application for the use of a pen register or trap and trace device with respect to a communication instrument or device not covered by clause (ii)—

"(I) the identity, if known, of the person who owns or leases the instrument or device or in whose name the instrument or device is listed; and

"(II) the number of the instrument or device; and".

Subsec. (f). Pub. L. 107–108, §314(a)(5)(B), substituted "terms of an order issued" for "terms of a court".

Statutory Notes and Related Subsidiaries

Effective Date of 2024 Amendment

Amendment by section 10(a)(3) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 10(a)(6) of Pub. L. 118–49, set out as a note under section 1804 of this title.

Amendment by section 10(b)(3) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 10(b)(6) of Pub. L. 118–49, set out as a note under section 1804 of this title.

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 3001 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 3001 of this title.

¹ See References in Text note below.

§1843. Authorization during emergencies

(a) Requirements for authorization

Notwithstanding any other provision of this subchapter, when the Attorney General makes a determination described in subsection (b), the Attorney General may authorize the installation and use of a pen register or trap and trace device on an emergency basis to gather foreign intelligence information not concerning a United States person or information to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution if—

(1) a judge referred to in section 1842(b) of this title is informed by the Attorney General or his designee at the time of such authorization that the decision has been made to install and use the pen register or trap and trace device, as the case may be, on an emergency basis; and

(2) an application in accordance with section 1842 of this title is made to such judge as soon as practicable, but not more than 7 days, after the Attorney General authorizes the installation and use of the pen register or trap and trace device, as the case may be, under this section.

(b) Determination of emergency and factual basis

A determination under this subsection is a reasonable determination by the Attorney General that—

(1) an emergency requires the installation and use of a pen register or trap and trace device to obtain foreign intelligence information not concerning a United States person or information to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution before an order authorizing the installation and use of the pen register or trap and trace device, as the case may be, can with due diligence be obtained under section 1842 of this title; and

(2) the factual basis for issuance of an order under such section 1842 of this title to approve the installation and use of the pen register or trap and trace device, as the case may be, exists.

(c) Effect of absence of order

(1) In the absence of an order applied for under subsection (a)(2) approving the installation and use of a pen register or trap and trace device authorized under this section, the installation and use of the pen register or trap and trace device, as the case may be, shall terminate at the earlier of—

(A) when the information sought is obtained;

(B) when the application for the order is denied under section 1842 of this title; or

(C) 7 days after the time of the authorization by the Attorney General.

(2) In the event that an application for an order applied for under subsection (a)(2) is denied, or in any other case where the installation and use of a pen register or trap and trace device under this section is terminated and no order under section 1842 of this title is issued approving the installation and use of the pen register or trap and trace device, as the case may be, no information obtained or evidence derived from the use of the pen register or trap and trace device, as the case may be, shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from the use of the pen register or trap and trace device, as the case may be, shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.

(3) A denial of the application made under subsection (a)(2) may be reviewed as provided in section 1803 of this title.

(d) Privacy procedures

Information collected through the use of a pen register or trap and trace device installed under this section shall be subject to the policies and procedures required under section 1842(h) of this title.

(Pub. L. 95–511, title IV, §403, as added Pub. L. 105–272, title VI, §601(2), Oct. 20, 1998, 112 Stat. 2407; amended Pub. L. 107–56, title II, §214(b), Oct. 26, 2001, 115 Stat. 287; Pub. L. 110–261, title I, §108, July 10, 2008, 122 Stat. 2464; Pub. L. 114–23, title II, §202(b), June 2, 2015, 129 Stat. 278; Pub. L. 115–118, title II, §205(b)(5), Jan. 19, 2018, 132 Stat. 22.)

Editorial Notes

Amendments

2018—Subsec. (c)(3). Pub. L. 115–118 added par. (3).

2015—Subsec. (d). Pub. L. 114–23 added subsec. (d).

2008—Subsecs. (a)(2), (c)(1)(C). Pub. L. 110–261 substituted "7 days" for "48 hours".

2001—Subsec. (a). Pub. L. 107–56, §214(b)(1), substituted "foreign intelligence information not concerning a United States person or information to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution" for "foreign intelligence information or information concerning international terrorism" in introductory provisions.

Subsec. (b)(1). Pub. L. 107–56, §214(b)(2), substituted "foreign intelligence information not concerning a United States person or information to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution" for "foreign intelligence information or information concerning international terrorism".

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.

§1844. Authorization during time of war

Notwithstanding any other provision of law, the President, through the Attorney General, may authorize the use of a pen register or trap and trace device without a court order under this subchapter to acquire foreign intelligence information for a period not to exceed 15 calendar days following a declaration of war by Congress.

(Pub. L. 95–511, title IV, §404, as added Pub. L. 105–272, title VI, §601(2), Oct. 20, 1998, 112 Stat. 2408.)

§1845. Use of information

(a) In general

(1) Information acquired from the use of a pen register or trap and trace device installed pursuant to this subchapter concerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the provisions of this section.

(2) No information acquired from a pen register or trap and trace device installed and used pursuant to this subchapter may be used or disclosed by Federal officers or employees except for lawful purposes.

(b) Disclosure for law enforcement purposes

No information acquired pursuant to this subchapter shall be disclosed for law enforcement purposes unless such disclosure is accompanied by a statement that such information, or any information derived therefrom, may only be used in a criminal proceeding with the advance authorization of the Attorney General.

(c) Notification of intended disclosure by United States

Whenever the United States intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States against an aggrieved person any information obtained or derived from the use of a pen register or trap and trace device pursuant to this subchapter, the United States shall, before the trial, hearing, or the other proceeding or at a reasonable time before an effort to so disclose or so use that information or submit it in evidence, notify the aggrieved person and the court or other authority in which the information is to be disclosed or used that the United States intends to so disclose or so use such information.

(d) Notification of intended disclosure by State or political subdivision

Whenever any State or political subdivision thereof intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the State or political subdivision thereof against an aggrieved person any information obtained or derived from the use of a pen register or trap and trace device pursuant to this subchapter, the State or political subdivision thereof shall notify the aggrieved person, the court or other authority in which the information is to be disclosed or used, and the Attorney General that the State or political subdivision thereof intends to so disclose or so use such information.

(e) Motion to suppress

(1) Any aggrieved person against whom evidence obtained or derived from the use of a pen register or trap and trace device is to be, or has been, introduced or otherwise used or disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, or a State or political subdivision thereof, may move to suppress the evidence obtained or derived from the use of the pen register or trap and trace device, as the case may be, on the grounds that—

(A) the information was unlawfully acquired; or

(B) the use of the pen register or trap and trace device, as the case may be, was not made in conformity with an order of authorization or approval under this subchapter.

(2) A motion under paragraph (1) shall be made before the trial, hearing, or other proceeding unless there was no opportunity to make such a motion or the aggrieved person concerned was not aware of the grounds of the motion.

(f) In camera and ex parte review

(1) Whenever a court or other authority is notified pursuant to subsection (c) or (d), whenever a motion is made pursuant to subsection (e), or whenever any motion or request is made by an aggrieved person pursuant to any other statute or rule of the United States or any State before any court or other authority of the United States or any State to discover or obtain applications or orders or other materials relating to the use of a pen register or trap and trace device authorized by this subchapter or to discover, obtain, or suppress evidence or information obtained or derived from the use of a pen register or trap and trace device authorized by this subchapter, the United States district court or, where the motion is made before another authority, the United States district court in the same district as the authority shall, notwithstanding any other provision of law and if the Attorney General files an affidavit under oath that disclosure or any adversary hearing would harm the national security of the United States, review in camera and ex parte the application, order, and such other materials relating to the use of the pen register or trap and trace device, as the case may be, as may be necessary to determine whether the use of the pen register or trap and trace device, as the case may be, was lawfully authorized and conducted.

(2) In making a determination under paragraph (1), the court may disclose to the aggrieved person, under appropriate security procedures and protective orders, portions of the application, order, or other materials relating to the use of the pen register or trap and trace device, as the case may be, or may require the Attorney General to provide to the aggrieved person a summary of such materials, only where such disclosure is necessary to make an accurate determination of the legality of the use of the pen register or trap and trace device, as the case may be.

(g) Effect of determination of lawfulness

(1) If the United States district court determines pursuant to subsection (f) that the use of a pen register or trap and trace device was not lawfully authorized or conducted, the court may, in accordance with the requirements of law, suppress the evidence which was unlawfully obtained or derived from the use of the pen register or trap and trace device, as the case may be, or otherwise grant the motion of the aggrieved person.

(2) If the court determines that the use of the pen register or trap and trace device, as the case may be, was lawfully authorized or conducted, it may deny the motion of the aggrieved person except to the extent that due process requires discovery or disclosure.

(h) Binding final orders

Orders granting motions or requests under subsection (g), decisions under this section that the use of a pen register or trap and trace device was not lawfully authorized or conducted, and orders of the United States district court requiring review or granting disclosure of applications, orders, or other materials relating to the installation and use of a pen register or trap and trace device shall be final orders and binding upon all courts of the United States and the several States except a United States Court of Appeals or the Supreme Court.

(Pub. L. 95–511, title IV, §405, as added Pub. L. 105–272, title VI, §601(2), Oct. 20, 1998, 112 Stat. 2408.)

§1846. Congressional oversight

(a) On a semiannual basis, the Attorney General shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, concerning all uses of pen registers and trap and trace devices pursuant to this subchapter.

(b) On a semiannual basis, the Attorney General shall also provide to the committees referred to in subsection (a) a report setting forth with respect to the preceding 6-month period—

(1) the total number of applications made for orders approving the use of pen registers or trap and trace devices under this subchapter;

(2) the total number of such orders either granted, modified, or denied;

(3) the total number of pen registers and trap and trace devices whose installation and use was authorized by the Attorney General on an emergency basis under section 1843 of this title, and the total number of subsequent orders approving or denying the installation and use of such pen registers and trap and trace devices;

(4) each department or agency on behalf of which the Attorney General or a designated attorney for the Government has made an application for an order authorizing or approving the installation and use of a pen register or trap and trace device under this subchapter;

(5) for each department or agency described in paragraph (4), each number described in paragraphs (1), (2), and (3); and

(6) a good faith estimate of the total number of subjects who were targeted by the installation and use of a pen register or trap and trace device under an order or emergency authorization issued under this subchapter, rounded to the nearest 500, including—

(A) the number of such subjects who are United States persons, reported to the nearest band of 500, starting with 0–499; and

(B) of the number of United States persons described in subparagraph (A), the number of persons whose information acquired pursuant to such order was reviewed or accessed by a Federal officer, employee, or agent, reported to the nearest band of 500, starting with 0–499.

(c) Each report under subsection (b) shall be submitted in unclassified form, to the extent consistent with national security. Not later than 7 days after the date on which the Attorney General submits such a report, the Attorney General shall make the report publicly available, or, if the Attorney General determines that the report cannot be made publicly available consistent with national security, the Attorney General may make publicly available an unclassified summary of the report or a redacted version of the report.

(Pub. L. 95–511, title IV, §406, as added Pub. L. 105–272, title VI, §601(2), Oct. 20, 1998, 112 Stat. 2410; amended Pub. L. 109–177, title I, §§109(b), 128(b), Mar. 9, 2006, 120 Stat. 204, 229; Pub. L. 114–23, title VI, §605(c), June 2, 2015, 129 Stat. 298; Pub. L. 115–118, title I, §107(b), title II, §205(a)(3), Jan. 19, 2018, 132 Stat. 14, 21.)

Editorial Notes

Amendments

2018—Subsec. (b). Pub. L. 115–118, §205(a)(3), struck out "and to the Committees on the Judiciary of the House of Representatives and the Senate" after "to the committees referred to in subsection (a)" in introductory provisions.

Subsec. (b)(6). Pub. L. 115–118, §107(b)(1), added par. (6).

Subsec. (c). Pub. L. 115–118, §107(b)(2), added subsec. (c).

2015—Subsec. (b)(4), (5). Pub. L. 114–23 added pars. (4) and (5).

2006—Subsec. (a). Pub. L. 109–177, §128(b), inserted ", and the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate," after "Select Committee on Intelligence of the Senate".

Subsec. (b)(3). Pub. L. 109–177, §109(b), added par. (3).

SUBCHAPTER IV—ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE PURPOSES

§1861. Definitions

As used in this subchapter:

(1) The terms "foreign power", "agent of a foreign power", "foreign intelligence information", "international terrorism", and "Attorney General" shall have the same meanings as in section 1801 of this title.

(2) The term "common carrier" means any person or entity transporting people or property by land, rail, water, or air for compensation.

(3) The term "physical storage facility" means any business or entity that provides space for the storage of goods or materials, or services related to the storage of goods or materials, to the public or any segment thereof.

(4) The term "public accommodation facility" means any inn, hotel, motel, or other establishment that provides lodging to transient guests.

(5) The term "vehicle rental facility" means any person or entity that provides vehicles for rent, lease, loan, or other similar use to the public or any segment thereof.

(Pub. L. 95–511, title V, §501, as added Pub. L. 107–56, title II, §215, Oct. 26, 2001, 115 Stat. 287; amended Pub. L. 107–108, title III, §314(a)(6), Dec. 28, 2001, 115 Stat. 1402; Pub. L. 109–177, title I, §§102(b)(1), 106(a)–(e), (f)(2), (g), Mar. 9, 2006, 120 Stat. 195–198; Pub. L. 109–178, §§3, 4(a), Mar. 9, 2006, 120 Stat. 278, 280; Pub. L. 111–118, div. B, §1004(a), Dec. 19, 2009, 123 Stat. 3470; Pub. L. 111–141, §1(a), Feb. 27, 2010, 124 Stat. 37; Pub. L. 112–3, §2(a), Feb. 25, 2011, 125 Stat. 5; Pub. L. 112–14, §2(a), May 26, 2011, 125 Stat. 216; Pub. L. 114–23, title I, §§101–107, title VII, §705(a), (c), June 2, 2015, 129 Stat. 269–273, 300; Pub. L. 115–118, title II, §205(b)(6), Jan. 19, 2018, 132 Stat. 22; Pub. L. 116–69, div. B, title VII, §1703(a), Nov. 21, 2019, 133 Stat. 1143.)

Editorial Notes

Codification

Pursuant to Pub. L. 109–177, §102(b)(1), as amended by Pub. L. 112–14, this section was amended, effective June 1, 2015, to read as it read on Oct. 25, 2001. The amendments made by Pub. L. 114–23, which was enacted June 2, 2015, were directed to this section as it read prior to such reversion and were executed as if the reversion had not taken place, to reflect the probable intent of Congress and the extension of the provisions of this section to Dec. 15, 2019, by Pub. L. 114–23, §705(a), (c). See 2015 Amendment notes below.

Prior Provisions

A prior section 1861, Pub. L. 95–511, title V, §501, as added Pub. L. 105–272, title VI, §602, Oct. 20, 1998, 112 Stat. 2410, defined terms used in this subchapter, prior to repeal by Pub. L. 107–56, title II, §215, Oct. 26, 2001, 115 Stat. 287.

Amendments

2019—Pub. L. 116–69 amended directory language of Pub. L. 109–177, §102(b)(1). See 2006 Amendment note below.

2018—Subsec. (c)(4). Pub. L. 115–118 added par. (4).

2015—Pub. L. 114–23, §705(a), (c), amended directory language of Pub. L. 109–177, §102(b)(1). See Codification note above and 2006 Amendment note below.

Subsec. (b)(2)(A). Pub. L. 114–23, §103(a), added subpar. (A). Former subpar. (A) redesignated (B).

Pub. L. 114–23, §101(a)(1)(A), substituted "in the case of an application other than an application described in subparagraph (C) (including an application for the production of call detail records other than in the manner described in subparagraph (C)), a statement" for "a statement" in introductory provisions.

Subsec. (b)(2)(A)(iii). Pub. L. 114–23, §101(a)(1)(B), struck out "and" at end.

Subsec. (b)(2)(B). Pub. L. 114–23, §101(a)(2), redesignated subpar. (A) as (B). Former subpar. (B) redesignated (D).

Subsec. (b)(2)(C). Pub. L. 114–23, §101(a)(3), added subpar. (C).

Subsec. (b)(2)(D). Pub. L. 114–23, §101(a)(2), redesignated subpar. (B) as (D).

Subsec. (c)(1). Pub. L. 114–23, §104(a)(1), inserted "and that the minimization procedures submitted in accordance with subsection (b)(2)(D) meet the definition of minimization procedures under subsection (g)" after "subsections (a) and (b)".

Subsec. (c)(2)(A). Pub. L. 114–23, §103(b)(1), inserted before semicolon at end ", including each specific selection term to be used as the basis for the production".

Subsec. (c)(2)(F). Pub. L. 114–23, §101(b), added subpar. (F).

Subsec. (c)(3). Pub. L. 114–23, §103(b)(2), added par. (3).

Subsec. (d)(1). Pub. L. 114–23, §102(b)(1)(A), substituted "pursuant to an order issued or an emergency production required" for "pursuant to an order" in introductory provisions.

Subsec. (d)(1)(A). Pub. L. 114–23, §102(b)(1)(B), substituted "such order or such emergency production" for "such order".

Subsec. (d)(1)(B). Pub. L. 114–23, §102(b)(1)(C), substituted "the order or the emergency production" for "the order".

Subsec. (d)(2)(A). Pub. L. 114–23, §102(b)(2)(A), substituted "an order or emergency production" for "an order".

Subsec. (d)(2)(B). Pub. L. 114–23, §102(b)(2)(B), substituted "an order or emergency production" for "an order".

Subsec. (e). Pub. L. 114–23, §105, amended subsec. (e) generally. Prior to amendment, text read as follows: "A person who, in good faith, produces tangible things under an order pursuant to this section shall not be liable to any other person for such production. Such production shall not be deemed to constitute a waiver of any privilege in any other proceeding or context."

Subsec. (f)(2)(A)(i). Pub. L. 114–23, §104(b)(1), substituted "the production order or any nondisclosure order imposed in connection with the production order" for "that order" and struck out at end "Not less than 1 year after the date of the issuance of the production order, the recipient of a production order may challenge the nondisclosure order imposed in connection with such production order by filing a petition to modify or set aside such nondisclosure order, consistent with the requirements of subparagraph (C), with the pool established by section 1803(e)(1) of this title."

Subsec. (f)(2)(C)(ii), (iii). Pub. L. 114–23, §104(b)(2), redesignated cl. (iii) as (ii) and struck out former cl. (ii) which read as follows: "If, upon filing of such a petition, the Attorney General, Deputy Attorney General, an Assistant Attorney General, or the Director of the Federal Bureau of Investigation certifies that disclosure may endanger the national security of the United States or interfere with diplomatic relations, such certification shall be treated as conclusive, unless the judge finds that the certification was made in bad faith."

Subsec. (g)(1). Pub. L. 114–23, §104(a)(3), substituted "The" for "Not later than 180 days after March 9, 2006, the" and inserted ", and update as appropriate," after "adopt".

Subsec. (g)(3). Pub. L. 114–23, §104(a)(2), added par. (3).

Subsec. (i). Pub. L. 114–23, §102(a), which directed adding subsec. (i) at the end of this section, effective after the addition of subsecs. (j) and (k), was executed by adding subsec. (i) after subsec. (h) to reflect the probable intent of Congress.

Subsec. (j). Pub. L. 114–23, §106, added subsec. (j).

Subsec. (k). Pub. L. 114–23, §107, added subsec. (k).

2011—Pub. L. 112–14 amended directory language of Pub. L. 109–177, §102(b)(1). See 2006 Amendment note below.

Pub. L. 112–3 amended directory language of Pub. L. 109–177, §102(b)(1). See 2006 Amendment note below.

2010—Pub. L. 111–141 amended directory language of Pub. L. 109–177, §102(b)(1). See 2006 Amendment note below.

2009—Pub. L. 111–118 amended directory language of Pub. L. 109–177, §102(b)(1). See 2006 Amendment note below.

2006—Pub. L. 109–177, §102(b)(1), as amended by Pub. L. 111–118, Pub. L. 111–141, Pub. L. 112–3, Pub. L. 112–14, Pub. L. 114–23, §705(a), (c), and Pub. L. 116–69, amended section effective Mar. 15, 2020, so as to read as it read on Oct. 25, 2001. Prior to amendment, section related to access to certain business records for foreign intelligence and international terrorism investigations.

Subsec. (a)(1). Pub. L. 109–177, §106(a)(1), substituted "Subject to paragraph (3), the Director" for "The Director".

Subsec. (a)(3). Pub. L. 109–177, §106(a)(2), added par. (3).

Subsec. (b)(2). Pub. L. 109–177, §106(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "shall specify that the records concerned are sought for an authorized investigation conducted in accordance with subsection (a)(2) to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities."

Subsec. (c). Pub. L. 109–177, §106(c), (d), amended subsec. (c) generally. Prior to amendment, text read as follows:

"(1) Upon an application made pursuant to this section, the judge shall enter an ex parte order as requested, or as modified, approving the release of records if the judge finds that the application meets the requirements of this section.

"(2) An order under this subsection shall not disclose that it is issued for purposes of an investigation described in subsection (a)."

Subsec. (d). Pub. L. 109–177, §106(e), amended subsec. (d) generally. Prior to amendment, text read as follows: "No person shall disclose to any other person (other than those persons necessary to produce the tangible things under this section) that the Federal Bureau of Investigation has sought or obtained tangible things under this section."

Subsec. (d)(2)(C). Pub. L. 109–178, §4(a), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: "At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under this section shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request, but in no circumstance shall a person be required to inform the Director or such designee that the person intends to consult an attorney to obtain legal advice or legal assistance."

Subsec. (f). Pub. L. 109–178, §3, amended subsec. (f) generally. Prior to amendment, subsec. (f) provided for judicial proceedings relating to challenging an order to produce tangible things.

Pub. L. 109–177, §106(f)(2), added subsec. (f).

Subsecs. (g), (h). Pub. L. 109–177, §106(g), added subsecs. (g) and (h).

2001—Subsec. (a)(1). Pub. L. 107–108 inserted "to obtain foreign intelligence information not concerning a United States person or" after "an investigation".

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Pub. L. 114–23, title I, §109(a), June 2, 2015, 129 Stat. 276, provided that: "The amendments made by sections 101 through 103 [amending this section] shall take effect on the date that is 180 days after the date of the enactment of this Act [June 2, 2015]."

Effective Date of 2006 Amendment

Amendment by section 102(b)(1) of Pub. L. 109–177 effective Mar. 15, 2020, except that former provisions to continue in effect with respect to any particular foreign intelligence investigation that began before Mar. 15, 2020, or with respect to any particular offense or potential offense that began or occurred before Mar. 15, 2020, see section 102(b) of Pub. L. 109–177, set out as a note under section 1805 of this title.

Construction of Pub. L. 114–23

Pub. L. 114–23, title I, §109(b), June 2, 2015, 129 Stat. 276, provided that: "Nothing in this Act [see Tables for classification] shall be construed to alter or eliminate the authority of the Government to obtain an order under title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) as in effect prior to the effective date described in subsection (a) [see Effective Date of 2015 Amendment note above] during the period ending on such effective date."

Pub. L. 114–23, title I, §110, June 2, 2015, 129 Stat. 276, provided that: "Nothing in this Act [see Tables for classification] shall be construed to authorize the production of the contents (as such term is defined in section 2510(8) of title 18, United States Code) of any electronic communication from an electronic communication service provider (as such term is defined in section 701(b)(4) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881(b)(4))) under title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.)."

§1862. Access to certain business records for foreign intelligence and international terrorism investigations

(a) Application for authorization

The Director of the Federal Bureau of Investigation or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) may make an application for an order authorizing a common carrier, public accommodation facility, physical storage facility, or vehicle rental facility to release records in its possession for an investigation to gather foreign intelligence information or an investigation concerning international terrorism which investigation is being conducted by the Federal Bureau of Investigation under such guidelines as the Attorney General approves pursuant to Executive Order No. 12333, or a successor order.

(b) Recipient and contents of application

Each application under this section—

(1) shall be made to—

(A) a judge of the court established by section 1803(a) of this title; or

(B) a United States Magistrate Judge under chapter 43 of title 28 who is publicly designated by the Chief Justice of the United States to have the power to hear applications and grant orders for the release of records under this section on behalf of a judge of that court; and

(2) shall specify that—

(A) the records concerned are sought for an investigation described in subsection (a);

(B) there are specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or an agent of a foreign power;

(E) ¹ a statement by the applicant that, to the best knowledge of the applicant, the application fairly reflects all information that might reasonably—

(i) call into question the accuracy of the application or the reasonableness of any assessment in the application conducted by the department or agency on whose behalf the application is made; or

(ii) otherwise raise doubts with respect to the findings required under subsection (c); and

(F) non-cumulative information known to the applicant that is potentially exculpatory regarding the requested legal findings or any assessment in the application.

(c) Ex parte judicial order of approval

(1) Upon application made pursuant to this section, the judge shall enter an ex parte order as requested, or as modified, approving the release of records if the judge finds that the application satisfies the requirements of this section.

(2) An order under this subsection shall not disclose that it is issued for purposes of an investigation described in subsection (a).

(d) Compliance; nondisclosure

(1) Any common carrier, public accommodation facility, physical storage facility, or vehicle rental facility shall comply with an order under subsection (c).

(2) No common carrier, public accommodation facility, physical storage facility, or vehicle rental facility, or officer, employee, or agent thereof, shall disclose to any person (other than those officers, agents, or employees of such common carrier, public accommodation facility, physical storage facility, or vehicle rental facility necessary to fulfill the requirement to disclose information to the Federal Bureau of Investigation under this section) that the Federal Bureau of Investigation has sought or obtained records pursuant to an order under this section.

(Pub. L. 95–511, title V, §502, as added Pub. L. 107–56, title II, §215, Oct. 26, 2001, 115 Stat. 288; amended Pub. L. 107–108, title III, §314(a)(7), Dec. 28, 2001, 115 Stat. 1402; Pub. L. 109–177, title I, §§102(b)(1), 106(h), Mar. 9, 2006, 120 Stat. 195, 199; Pub. L. 111–118, div. B, §1004(a), Dec. 19, 2009, 123 Stat. 3470; Pub. L. 111–141, §1(a), Feb. 27, 2010, 124 Stat. 37; Pub. L. 111–259, title VIII, §801(6), Oct. 7, 2010, 124 Stat. 2746; Pub. L. 112–3, §2(a), Feb. 25, 2011, 125 Stat. 5; Pub. L. 112–14, §2(a), May 26, 2011, 125 Stat. 216; Pub. L. 114–23, title VI, §§601, 605(d), title VII, §705(a), (c), June 2, 2015, 129 Stat. 291, 298, 300; Pub. L. 116–69, div. B, title VII, §1703(a), Nov. 21, 2019, 133 Stat. 1143; Pub. L. 118–49, §10(a)(4), (b)(4), Apr. 20, 2024, 138 Stat. 876, 877.)

Editorial Notes

References in Text

Executive Order No. 12333, referred to in subsec. (a), is set out as a note under section 3001 of this title.

Codification

Pursuant to Pub. L. 109–177, §102(b)(1), as amended by Pub. L. 112–14, this section was amended, effective June 1, 2015, to read as it read on Oct. 25, 2001. The amendments made by Pub. L. 114–23, which was enacted June 2, 2015, were directed to this section as it read prior to such reversion and were executed as if the reversion had not taken place, to reflect the probable intent of Congress and the extension of the provisions of this section to Dec. 15, 2019, by Pub. L. 114–23, §705(a), (c). See 2015 Amendment notes below.

Prior Provisions

A prior section 1862, Pub. L. 95–511, title V, §502, as added Pub. L. 105–272, title VI, §602, Oct. 20, 1998, 112 Stat. 2411, which related to access to certain business records for foreign intelligence and international terrorism investigations, was repealed by Pub. L. 107–56, title II, §215, Oct. 26, 2001, 115 Stat. 287.

Amendments

2024—Subsec. (b)(2)(E). Pub. L. 118–49, §10(a)(4), added subpar. (E).

Subsec. (b)(2)(F). Pub. L. 118–49, §10(b)(4), added subpar. (F).

2019—Pub. L. 116–69 amended directory language of Pub. L. 109–177, §102(b)(1). See 2006 Amendment note below.

2015—Pub. L. 114–23, §705(a), (c), amended directory language of Pub. L. 109–177, §102(b)(1). See Codification note above and 2006 Amendment note below.

Subsec. (a). Pub. L. 114–23, §605(d), substituted "Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate" for "Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate".

Subsec. (b). Pub. L. 114–23, §601(a), added pars. (1) to (5) and redesignated former pars. (1) to (3) as (6) to (8), respectively.

Subsec. (c)(1)(C) to (E). Pub. L. 114–23, §601(b), added subpars. (C) to (E).

2011—Pub. L. 112–14 amended directory language of Pub. L. 109–177, §102(b)(1). See 2006 Amendment note below.

Pub. L. 112–3 amended directory language of Pub. L. 109–177, §102(b)(1). See 2006 Amendment note below.

2010—Pub. L. 111–141 amended directory language of Pub. L. 109–177, §102(b)(1). See 2006 Amendment note below.

Subsec. (a). Pub. L. 111–259 substituted "an annual" for "a annual".

2009—Pub. L. 111–118 amended directory language of Pub. L. 109–177, §102(b)(1). See 2006 Amendment note below.

2006—Pub. L. 109–177, §102(b)(1), as amended by Pub. L. 111–118, Pub. L. 111–141, Pub. L. 112–3, Pub. L. 112–14, Pub. L. 114–23, §705(a), (c), and Pub. L. 116–69, amended section effective Mar. 15, 2020, so as to read as it read on Oct. 25, 2001. Prior to amendment, section related to reports to Congressional committees concerning requests for the production of tangible things under section 1861 of this title.

Subsec. (a). Pub. L. 109–177, §106(h)(1), substituted "annual basis" for "semiannual basis" and inserted "and the Committee on the Judiciary" after "and the Select Committee on Intelligence".

Subsec. (b). Pub. L. 109–177, §106(h)(2)(A), in introductory provisions, substituted "In April of each year, the Attorney General shall submit to the House and Senate Committees on the Judiciary and the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence a report setting forth with respect to the preceding calendar year" for "On a semiannual basis, the Attorney General shall provide to the Committees on the Judiciary of the House of Representatives and the Senate a report setting forth with respect to the preceding 6-month period".

Subsec. (b)(3). Pub. L. 109–177, §106(h)(2)(B)–(D), added par. (3).

Subsec. (c). Pub. L. 109–177, §106(h)(3), added subsec. (c).

2001—Subsecs. (a), (b)(1). Pub. L. 107–108 substituted "section 1861 of this title" for "section 1842 of this title".

Statutory Notes and Related Subsidiaries

Effective Date of 2024 Amendment

Amendment by section 10(a)(4) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 10(a)(6) of Pub. L. 118–49, set out as a note under section 1804 of this title.

Amendment by section 10(b)(4) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 10(b)(6) of Pub. L. 118–49, set out as a note under section 1804 of this title.

Effective Date of 2006 Amendment

Amendment by section 102(b)(1) of Pub. L. 109–177 effective Mar. 15, 2020, except that former provisions to continue in effect with respect to any particular foreign intelligence investigation that began before Mar. 15, 2020, or with respect to any particular offense or potential offense that began or occurred before Mar. 15, 2020, see section 102(b) of Pub. L. 109–177, set out as a note under section 1805 of this title.

¹ So in original.No subpars. (C) and (D) have been enacted.

§1863. Congressional oversight

(a) On a semiannual basis, the Attorney General shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate concerning all requests for records under this subchapter.

(b) On a semiannual basis, the Attorney General shall provide to the Committees on the Judiciary of the House of Representatives and the Senate a report setting forth with respect to the preceding 6-month period—

(1) the total number of applications made for orders approving requests for records under this subchapter; and

(2) the total number of such orders either granted, modified, or denied.

(Pub. L. 95–511, title V, §503, as added Pub. L. 105–272, title VI, §602, Oct. 20, 1998, 112 Stat. 2412; Pub. L. 109–177, title I, §102(b)(1), Mar. 9, 2006, 120 Stat. 195; Pub. L. 111–118, div. B, §1004(a), Dec. 19, 2009, 123 Stat. 3470; Pub. L. 111–141, §1(a), Feb. 27, 2010, 124 Stat. 37; Pub. L. 112–3, §2(a), Feb. 25, 2011, 125 Stat. 5; Pub. L. 112–14, §2(a), May 26, 2011, 125 Stat. 216; Pub. L. 114–23, title VII, §705(a), (c), June 2, 2015, 129 Stat. 300; Pub. L. 116–69, div. B, title VII, §1703(a), Nov. 21, 2019, 133 Stat. 1143.)

Editorial Notes

Amendments

2019—Pub. L. 116–69 amended directory language of Pub. L. 109–177, §102(b)(1). See 2006 Amendment note below.

2015—Pub. L. 114–23, §705(a), (c), amended directory language of Pub. L. 109–177, §102(b)(1). See 2006 Amendment note below.

2011—Pub. L. 112–14 amended directory language of Pub. L. 109–177, §102(b)(1). See 2006 Amendment note below.

Pub. L. 112–3 amended directory language of Pub. L. 109–177, §102(b)(1). See 2006 Amendment note below.

2010—Pub. L. 111–141 amended directory language of Pub. L. 109–177, §102(b)(1). See 2006 Amendment note below.

2009—Pub. L. 111–118 amended directory language of Pub. L. 109–177, §102(b)(1). See 2006 Amendment note below.

2006—Pub. L. 109–177, §102(b)(1), revived this section to read as it read on Oct. 25, 2001.

Statutory Notes and Related Subsidiaries

Effective Date of Revival

Section, which had been repealed by Pub. L. 107–56, title II, §215, Oct. 26, 2001, 115 Stat. 287, was revived by section 102(b)(1) of Pub. L. 109–177 effective Mar. 15, 2020, except that former provisions to continue in effect with respect to any particular foreign intelligence investigation that began before Mar. 15, 2020, or with respect to any particular offense or potential offense that began or occurred before Mar. 15, 2020, see section 102(b) of Pub. L. 109–177, set out as an Effective Date of 2006 Amendment note under section 1805 of this title.

§1864. Notification of changes to retention of call detail record policies

(a) Requirement to retain

(1) In general

Not later than 15 days after learning that an electronic communication service provider that generates call detail records in the ordinary course of business has changed the policy of the provider on the retention of such call detail records to result in a retention period of less than 18 months, the Director of National Intelligence shall notify, in writing, the congressional intelligence committees of such change.

(2) Report

Not later than 30 days after December 18, 2015, the Director shall submit to the congressional intelligence committees a report identifying each electronic communication service provider that has, as of the date of the report, a policy to retain call detail records for a period of 18 months or less.

(b) Definitions

In this section:

(1) Call detail record

The term "call detail record" has the meaning given that term in section 1861(k) ¹ of this title.

(2) Electronic communication service provider

The term "electronic communication service provider" has the meaning given that term in section 1881(b)(4) of this title.

(Pub. L. 114–113, div. M, title III, §307, Dec. 18, 2015, 129 Stat. 2916.)

Editorial Notes

References in Text

Section 1861(k) of this title, referred to in subsec. (b)(1), means section 1861(k) of this title prior to the amendment of section 1861 by Pub. L. 109–177, title I, §102(b), Mar. 9, 2006, 120 Stat. 195, set out as an Effective Date of 2006 Amendment note under section 1805 of this title, which amended section 1861 of this title, effective Mar. 15, 2020, so that such section read as it read on Oct. 25, 2001, with certain exceptions.

Codification

Section was enacted as part of the Intelligence Authorization Act for Fiscal Year 2016, and also as part of the Consolidated Appropriations Act, 2016, and not as part of the Foreign Intelligence Surveillance Act of 1978 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Definitions

For definition of "congressional intelligence committees" as used in this section, see section 2 of div. M of Pub. L. 114–113, set out as a note under section 3003 of this title.

¹ See References in Text note below.

SUBCHAPTER V—OVERSIGHT

Editorial Notes

Codification

Pub. L. 114–23, title IV, §402(a)(1), June 2, 2015, 129 Stat. 281, substituted "OVERSIGHT" for "REPORTING REQUIREMENT" in heading.

§1871. Semiannual report of the Attorney General

(a) Report

On a semiannual basis, the Attorney General shall submit to the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Committees on the Judiciary of the House of Representatives and the Senate, in a manner consistent with the protection of the national security, a report setting forth with respect to the preceding 6-month period—

(1) the aggregate number of persons targeted for orders issued under this chapter, including a breakdown of those targeted for—

(A) electronic surveillance under section 1805 of this title;

(B) physical searches under section 1824 of this title;

(C) pen registers under section 1842 of this title;

(D) access to records under section 1861 ¹ of this title;

(E) acquisitions under section 1881b of this title; and

(F) acquisitions under section 1881c of this title;

(2) the number of individuals covered by an order issued pursuant to section 1801(b)(1)(C) ¹ of this title;

(3) the number of times that the Attorney General has authorized that information obtained under this chapter may be used in a criminal proceeding or any information derived therefrom may be used in a criminal proceeding;

(4) a summary of significant legal interpretations of this chapter involving matters before the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review, including interpretations presented in applications or pleadings filed with the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review by the Department of Justice; and

(5) copies of all decisions, orders, or opinions of the Foreign Intelligence Surveillance Court or Foreign Intelligence Surveillance Court of Review that include significant construction or interpretation of the provisions of this chapter.

(b) Frequency

The first report under this section shall be submitted not later than 6 months after December 17, 2004. Subsequent reports under this section shall be submitted semi-annually thereafter.

(c) Submissions to Congress

The Attorney General shall submit to the committees of Congress referred to in subsection (a)—

(1) not later than 45 days after the date on which the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review issues a decision, order, or opinion, including any denial or modification of an application under this chapter, that includes significant construction or interpretation of any provision of law or results in a change of application of any provision of this chapter or a novel application of any provision of this chapter, a copy of such decision, order, or opinion and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion;

(2) a copy of each such decision, order, or opinion, and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion, that was issued during the 5-year period ending on July 10, 2008, and not previously submitted in a report under subsection (a);

(3) for any hearing, oral argument, or other proceeding before the Foreign Intelligence Surveillance Court or Foreign Intelligence Surveillance Court of Review for which a court reporter produces a transcript, not later than 45 days after the government receives the final transcript or the date on which the matter of the hearing, oral argument, or other proceeding is resolved, whichever is later, a notice of the existence of such transcript. Not later than three business days after a committee referred to in subsection (a) requests to review an existing transcript, the Attorney General shall facilitate such request; and

(4) a copy of each declassified document that has undergone review under section 1872 of this title.

(d) Protection of national security

The Attorney General, in consultation with the Director of National Intelligence, may authorize redactions of materials described in subsection (c) that are provided to the committees of Congress referred to in subsection (a), if such redactions are necessary to protect the national security of the United States and are limited to sensitive sources and methods information or the identities of targets.

(e) Definitions

In this section:

(1) Foreign Intelligence Surveillance Court

The term "Foreign Intelligence Surveillance Court" means the court established under section 1803(a) of this title.

(2) Foreign Intelligence Surveillance Court of Review

The term "Foreign Intelligence Surveillance Court of Review" means the court established under section 1803(b) of this title.

(Pub. L. 95–511, title VI, §601, as added Pub. L. 108–458, title VI, §6002(a)(2), Dec. 17, 2004, 118 Stat. 3743; amended Pub. L. 110–261, title I, §§101(c)(2), 103, title IV, §403(b)(2)(B), July 10, 2008, 122 Stat. 2459, 2460, 2474; Pub. L. 114–23, title VI, §604, June 2, 2015, 129 Stat. 297; Pub. L. 118–49, §8(b), Apr. 20, 2024, 138 Stat. 874.)

Amendment of Subsection (a)(1)

Pub. L. 110–261, title IV, §403(b)(2), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, §2(a)(2), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, §201(a)(2), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, §7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, §19(a)(2), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a note under section 1801 of this title, effective two years after the date of enactment of the Reforming Intelligence and Securing America Act, Pub. L. 118–49, which was approved Apr. 20, 2024, subsection (a)(1) of this section is amended to read as it read on the day before July 10, 2008.

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (c)(1), was in the original "this Act", meaning Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

Section 1861 of this title, referred to in subsec. (a)(1)(D), means section 1861 of this title prior to the amendment of section 1861 by Pub. L. 109–177, title I, §102(b), Mar. 9, 2006, 120 Stat. 195, set out as an Effective Date of 2006 Amendment note under section 1805 of this title, which amended section 1861 of this title, effective Mar. 15, 2020, so that such section read as it read on Oct. 25, 2001, with certain exceptions.

Section 1801(b)(1)(C) of this title, referred to in subsec. (a)(2), was temporarily added by Pub. L. 108–458, title VI, §6001(a), Dec. 17, 2004, 118 Stat. 3742, and provided that, as used in subchapter I of this chapter, the term "agent of a foreign power" included any person other than a United States person who "engages in international terrorism or activities in preparation therefore". Such amendment ceased to have effect on Mar. 15, 2020; see section 6001(b) of Pub. L. 108–458, set out as a Termination Date of 2004 Amendment note under section 1801 of this title.

Prior Provisions

A prior section 601 of Pub. L. 95–511 was renumbered section 701 and was set out as a note under section 1801 of this title, prior to repeal by Pub. L. 110–261.

Amendments

2024—Subsec. (c)(3), (4). Pub. L. 118–49 added pars. (3) and (4).

2015—Subsec. (c)(1). Pub. L. 114–23 amended par. (1) generally. Prior to amendment, par. (1) read as follows: "a copy of any decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that includes significant construction or interpretation of any provision of this chapter, and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion, not later than 45 days after such decision, order, or opinion is issued; and".

2008—Subsec. (a)(1)(E), (F). Pub. L. 110–261, §101(c)(2), added subpars. (E) and (F).

Subsec. (a)(5). Pub. L. 110–261, §103(a), substituted ", orders," for "(not including orders)".

Subsecs. (c), (d). Pub. L. 110–261, §103(b), added subsecs. (c) and (d).

Subsec. (e). Pub. L. 110–261, §103(c), added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–261, title IV, §403(b)(2), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, §2(a)(2), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, §201(a)(2), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, §7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, §19(a)(2), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, the amendments made by section 403(b)(2) are effective two years after the date of enactment of the Reforming Intelligence and Securing America Act, Pub. L. 118–49, which was approved Apr. 20, 2024.

¹ See References in Text note below.

§1872. Declassification of significant decisions, orders, and opinions

(a) Declassification required

Subject to subsection (b), the Director of National Intelligence, in consultation with the Attorney General, shall conduct a declassification review, to be concluded as soon as practicable, but not later than 180 days after the commencement of such review, of each decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review (as defined in section 1871(e) of this title) that includes a significant construction or interpretation of any provision of law, including any novel or significant construction or interpretation of the term "specific selection term", and, consistent with that review, make publicly available to the greatest extent practicable each such decision, order, or opinion.

(b) Redacted form

The Director of National Intelligence, in consultation with the Attorney General, may satisfy the requirement under subsection (a) to make a decision, order, or opinion described in such subsection publicly available to the greatest extent practicable by making such decision, order, or opinion publicly available in redacted form.

(c) National security waiver

The Director of National Intelligence, in consultation with the Attorney General, may waive the requirement to declassify and make publicly available a particular decision, order, or opinion under subsection (a), if—

(1) the Director of National Intelligence, in consultation with the Attorney General, determines that a waiver of such requirement is necessary to protect the national security of the United States or properly classified intelligence sources or methods; and

(2) the Director of National Intelligence makes publicly available an unclassified statement prepared by the Attorney General, in consultation with the Director of National Intelligence—

(A) summarizing the significant construction or interpretation of any provision of law, which shall include, to the extent consistent with national security, a description of the context in which the matter arises and any significant construction or interpretation of any statute, constitutional provision, or other legal authority relied on by the decision; and

(B) that specifies that the statement has been prepared by the Attorney General and constitutes no part of the opinion of the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review.

(Pub. L. 95–511, title VI, §602, as added Pub. L. 114–23, title IV, §402(a)(2), June 2, 2015, 129 Stat. 281; amended Pub. L. 118–49, §7, Apr. 20, 2024, 138 Stat. 873.)

Editorial Notes

Amendments

2024—Subsec. (a). Pub. L. 118–49 inserted ", to be concluded as soon as practicable, but not later than 180 days after the commencement of such review," after "shall conduct a declassification review".

§1873. Annual reports

(a) Report by Director of the Administrative Office of the United States Courts

(1) Report required

The Director of the Administrative Office of the United States Courts shall annually submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate, subject to a declassification review by the Attorney General and the Director of National Intelligence, a report that includes—

(A) the number of applications or certifications for orders submitted under each of sections 1805, 1824, 1842, 1861,¹ 1881a, 1881b, and 1881c of this title;

(B) the number of such orders granted under each of those sections;

(C) the number of orders modified under each of those sections;

(D) the number of applications or certifications denied under each of those sections;

(E) the number of appointments of an individual to serve as amicus curiae under section 1803 of this title, including the name of each individual appointed to serve as amicus curiae;

(F) the number of findings issued under section 1803(i) of this title that such appointment is not appropriate and the text of any such findings; and

(G) the number of times the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review exercised authority under chapter 21 of title 18 and a description of each use of such authority.

(2) Publication

The Director shall make the report required under paragraph (1) publicly available on an Internet Web site, except that the Director shall not make publicly available on an Internet Web site the findings described in subparagraph (F) of paragraph (1).

(b) Mandatory reporting by Director of National Intelligence

Except as provided in subsection (d), the Director of National Intelligence shall annually make publicly available on an Internet Web site a report that identifies, for the preceding 12-month period—

(1) the total number of orders issued pursuant to subchapters I and II and sections 1881b and 1881c of this title and a good faith estimate of—

(A) the number of targets of such orders;

(B) the number of targets of such orders who are known to not be United States persons; and

(C) the number of targets of such orders who are known to be United States persons;

(2) the total number of orders issued pursuant to section 1881a of this title, including pursuant to subsection (f)(2) of such section, and a good faith estimate of—

(A) the number of targets of such orders;

(B) the number of search terms concerning a known United States person used to retrieve the unminimized contents of electronic communications or wire communications obtained through acquisitions authorized under such section, excluding the number of search terms used to prevent the return of information concerning a United States person;

(C) the number of queries concerning a known United States person of unminimized noncontents information relating to electronic communications or wire communications obtained through acquisitions authorized under such section, excluding the number of queries containing information used to prevent the return of information concerning a United States person; ²

(D) the number of instances in which the Federal Bureau of Investigation opened, under the Criminal Investigative Division or any successor division, an investigation of a United States person (who is not considered a threat to national security) based wholly or in part on an acquisition authorized under such section;

(3) the total number of orders issued pursuant to subchapter III and a good faith estimate of—

(A) the number of targets of such orders, including—

(i) the number of targets of such orders who are known to not be United States persons; and

(ii) the number of targets of such orders who are known to be United States persons; and

(B) the number of unique identifiers used to communicate information collected pursuant to such orders;

(4) the number of criminal proceedings in which the United States or a State or political subdivision thereof provided notice pursuant to subsection (c) or (d) of section 1806 of this title (including with respect to information acquired from an acquisition conducted under section 1881a of this title) or subsection (d) or (e) of section 1825 of this title of the intent of the government to enter into evidence or otherwise use or disclose any information obtained or derived from electronic surveillance, physical search, or an acquisition conducted pursuant to this chapter;

(5) the total number of orders issued pursuant to applications made under section 1861(b)(2)(B) ¹ of this title and a good faith estimate of—

(A) the number of targets of such orders; and

(B) the number of unique identifiers used to communicate information collected pursuant to such orders;

(6) the total number of orders issued pursuant to applications made under section 1861(b)(2)(C) ¹ of this title and a good faith estimate of—

(A) the number of targets of such orders;

(B) the number of unique identifiers used to communicate information collected pursuant to such orders; and

(C) the number of search terms that included information concerning a United States person that were used to query any database of call detail records obtained through the use of such orders; and

(7) the total number of national security letters issued and the number of requests for information contained within such national security letters.

(c) Timing

The annual reports required by subsections (a) and (b) shall be made publicly available during April of each year and include information relating to the previous calendar year.

(d) Exceptions

(1) Statement of numerical range

If a good faith estimate required to be reported under subparagraph (B) of any of paragraphs (3), (5), or (6) of subsection (b) is fewer than 500, it shall be expressed as a numerical range of "fewer than 500" and shall not be expressed as an individual number.

(2) Nonapplicability to certain information

(A) Federal Bureau of Investigation

Paragraphs (2)(B), (2)(C), and (6)(C) of subsection (b) shall not apply to information or records held by, or queries conducted by, the Federal Bureau of Investigation, except with respect to information required under paragraph (2) relating to orders issued under section 1881a(f)(2) of this title.

(B) Electronic mail address and telephone numbers

Paragraph (3)(B) of subsection (b) shall not apply to orders resulting in the acquisition of information by the Federal Bureau of Investigation that does not include electronic mail addresses or telephone numbers.

(3) Certification

(A) In general

If the Director of National Intelligence concludes that a good faith estimate required to be reported under subsection (b)(2)(C) cannot be determined accurately because some but not all of the relevant elements of the intelligence community are able to provide such good faith estimate, the Director shall—

(i) certify that conclusion in writing to the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives;

(ii) report the good faith estimate for those relevant elements able to provide such good faith estimate;

(iii) explain when it is reasonably anticipated that such an estimate will be able to be determined fully and accurately; and

(iv) make such certification publicly available on an Internet Web site.

(B) Form

A certification described in subparagraph (A) shall be prepared in unclassified form, but may contain a classified annex.

(C) Timing

If the Director of National Intelligence continues to conclude that the good faith estimates described in this paragraph cannot be determined accurately, the Director shall annually submit a certification in accordance with this paragraph.

(e) Mandatory reporting by Director of Federal Bureau of Investigation

The Director of the Federal Bureau of Investigation shall annually submit to the Permanent Select Committee on Intelligence and the Committee on Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate, a report describing the accountability actions taken by the Federal Bureau of Investigation in the preceding 12-month period for noncompliant querying of information acquired under section 1881a of this title and any such actions taken pursuant to section 1803(m) of this title, to include the number of ongoing personnel investigations, the outcome of any completed personnel investigations and any related adverse personnel actions taken.

(g) ³ Definitions

In this section:

(1) Contents

The term "contents" has the meaning given that term under section 2510 of title 18.

(2) Electronic communication

The term "electronic communication" has the meaning given that term under section 2510 of title 18.

(3) National security letter

The term "national security letter" means a request for a report, records, or other information under—

(A) section 2709 of title 18;

(B) section 3414(a)(5)(A) of title 12;

(C) subsection (a) or (b) of section 1681u of title 15; or

(D) section 1681v(a) of title 15.

(4) United States person

The term "United States person" means a citizen of the United States or an alien lawfully admitted for permanent residence (as defined in section 1101(a) of title 8).

(5) Wire communication

The term "wire communication" has the meaning given that term under section 2510 of title 18.

(Pub. L. 95–511, title VI, §603, as added Pub. L. 114–23, title VI, §602(a), June 2, 2015, 129 Stat. 292; amended Pub. L. 115–118, title I, §102(b), Jan. 19, 2018, 132 Stat. 9; Pub. L. 118–49, §§11(a)(1), 12(a), 14(b), Apr. 20, 2024, 138 Stat. 878, 879, 882.)

Amendment of Section

Pub. L. 118–49, §11(a), Apr. 20, 2024, 138 Stat. 878, provided that, effective on Jan. 1, 2025, this section is amended as follows:

(1) in subsection (b)(2)(B) by inserting "(or combined unminimized contents and noncontents information)" after "unminimized contents";

(2) by amending paragraph (d)(2) to read as follows:

"(2) Nonapplicability to electronic mail address and telephone numbers

"Paragraph (3)(B) of subsection (b) shall not apply to orders resulting in the acquisition of information by the Federal Bureau of Investigation that does not include electronic mail addresses or telephone numbers."; and

(3) by inserting the following new subsection:

(f) Mandatory Reporting on Section 702 by Director of Federal Bureau of Investigation

(1) Annual report

The Director of the Federal Bureau of Investigation shall annually submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate a report that includes—

(A) the number of United States person queries by the Federal Bureau of Investigation of unminimized contents or noncontents acquired pursuant to section 1881a(a) of this title;

(B) the number of approved queries using the Federal Bureau of Investigation's batch job technology, or successor tool;

(C) the number of queries using the Federal Bureau of Investigation's batch job technology, or successor tool, conducted by the Federal Bureau of Investigation against information acquired pursuant to section 1881a(a) of this title for which pre-approval was not obtained due to emergency circumstances;

(D) the number of United States person queries conducted by the Federal Bureau of Investigation of unminimized contents or noncontents acquired pursuant to section 1881a(a) of this title solely to retrieve evidence of a crime;

(E) a good faith estimate of the number of United States person query terms used by the Federal Bureau of Investigation to conduct queries of unminimized contents or noncontents acquired pursuant to section 1881a(a) of this title primarily to protect the United States person who is the subject of the query; and

(F) a good faith estimate of the number of United States person query terms used by the Federal Bureau of Investigation to conduct queries of unminimized contents or noncontents acquired pursuant to section 1881a(a) of this title where the United States person who is the subject of the query is a target or subject of an investigation by the Federal Bureau of Investigation.

(2) Public availability

Subject to declassification review by the Attorney General and the Director of National Intelligence, each annual report submitted pursuant to paragraph (1) shall be available to the public during the first April following the calendar year covered by the report.

(3) Quarterly report

Beginning on the date that is not later than 1 year after the effective date of this paragraph, the Director of the Federal Bureau of Investigation shall submit a quarterly report to the congressional intelligence committees and to the Committees on the Judiciary of the House of Representatives and of the Senate that includes the number of U.S. person queries conducted during that quarter.

See 2024 Amendment notes below.

Editorial Notes

References in Text

Section 1861 of this title, referred to in subsecs. (a)(1)(A) and (b)(5), (6), means section 1861 of this title prior to the amendment of section 1861 by Pub. L. 109–177, title I, §102(b), Mar. 9, 2006, 120 Stat. 195, set out as an Effective Date of 2006 Amendment note under section 1805 of this title, which amended section 1861 of this title, effective Mar. 15, 2020, so that such section read as it read on Oct. 25, 2001, with certain exceptions.

This chapter, referred to in subsec. (b)(4), was in the original "this Act", meaning Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

For the effective date of this paragraph, referred to in subsec. (f)(3), see Effective Date of 2024 Amendment note below.

Amendments

2024—Subsec. (a)(1)(G). Pub. L. 118–49, §14(b), added subpar. (G).

Subsec. (b)(2)(B). Pub. L. 118–49, §11(a)(1)(A), inserted "(or combined unminimized contents and noncontents information)" after "unminimized contents".

Subsec. (d)(2). Pub. L. 118–49, §11(a)(1)(B), amended par. (2) generally. Prior to amendment, par. (2) related to nonapplicability to certain information, consisting of subpar. (A) relating to certain information held by or queries conducted by the Federal Bureau of Investigation and subpar. (B) relating to electronic mail address and telephone numbers.

Subsec. (e). Pub. L. 118–49, §12(a)(2), added subsec. (e). Former subsec. (e) redesignated (g).

Subsec. (f). Pub. L. 118–49, §11(a)(1)(C), added subsec. (f).

Subsec. (g). Pub. L. 118–49, §12(a)(1), redesignated subsec. (e) as (g).

2018—Subsec. (b)(1). Pub. L. 115–118, §102(b)(1)(A), substituted "good faith estimate of—" for "good faith estimate of the number of targets of such orders;" and added subpars. (A) to (C).

Subsec. (b)(2). Pub. L. 115–118, §102(b)(1)(B), inserted ", including pursuant to subsection (f)(2) of such section," after "section 1881a of this title" in introductory provisions, added subpars. (A) and (D), and redesignated former subpars. (A) and (B) as (B) and (C), respectively.

Subsec. (b)(3)(A). Pub. L. 115–118, §102(b)(1)(C), substituted "orders, including—" for "orders; and" and added cls. (i) and (ii).

Subsec. (b)(4) to (7). Pub. L. 115–118, §102(b)(1)(D), (E), added par. (4) and redesignated former pars. (4) to (6) as (5) to (7), respectively.

Subsec. (d)(1). Pub. L. 115–118, §102(b)(2)(A), substituted "(5), or (6)" for "(4), or (5)".

Subsec. (d)(2)(A). Pub. L. 115–118, §102(b)(2)(B), substituted "Paragraphs (2)(B), (2)(C), and (6)(C)" for "Paragraphs (2)(A), (2)(B), and (5)(C)" and inserted before period at end ", except with respect to information required under paragraph (2) relating to orders issued under section 1881a(f)(2) of this title".

Subsec. (d)(3)(A). Pub. L. 115–118, §102(b)(2)(C), substituted "subsection (b)(2)(C)" for "subsection (b)(2)(B)" in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date of 2024 Amendment

Pub. L. 118–49, §11(a)(2), Apr. 20, 2024, 138 Stat. 879, provided that: "The amendments made by this subsection [amending this section] shall take effect on January 1, 2025."

¹ See References in Text note below.

² So in original. Probably should be followed by "and".

³ Subsec. (f) is set out in an Amendment of Section note below.

§1874. Public reporting by persons subject to orders

(a) Reporting

A person subject to a nondisclosure requirement accompanying an order or directive under this chapter or a national security letter may, with respect to such order, directive, or national security letter, publicly report the following information using one of the following structures:

(1) A semiannual report that aggregates the number of orders, directives, or national security letters with which the person was required to comply into separate categories of—

(A) the number of national security letters received, reported in bands of 1000 starting with 0–999;

(B) the number of customer selectors targeted by national security letters, reported in bands of 1000 starting with 0–999;

(C) the number of orders or directives received, combined, under this chapter for contents, reported in bands of 1000 starting with 0–999;

(D) the number of customer selectors targeted under orders or directives received, combined, under this chapter for contents, reported in bands of 1000 starting with 0–999;

(E) the number of orders received under this chapter for noncontents, reported in bands of 1000 starting with 0–999; and

(F) the number of customer selectors targeted under orders under this chapter for noncontents, reported in bands of 1000 starting with 0–999, pursuant to—

(i) subchapter III;

(ii) subchapter IV with respect to applications described in section 1861(b)(2)(B) ¹ of this title; and

(iii) subchapter IV with respect to applications described in section 1861(b)(2)(C) ¹ of this title.

(2) A semiannual report that aggregates the number of orders, directives, or national security letters with which the person was required to comply into separate categories of—

(A) the number of national security letters received, reported in bands of 500 starting with 0–499;

(B) the number of customer selectors targeted by national security letters, reported in bands of 500 starting with 0–499;

(C) the number of orders or directives received, combined, under this chapter for contents, reported in bands of 500 starting with 0–499;

(D) the number of customer selectors targeted under orders or directives received, combined, under this chapter for contents, reported in bands of 500 starting with 0–499;

(E) the number of orders received under this chapter for noncontents, reported in bands of 500 starting with 0–499; and

(F) the number of customer selectors targeted under orders received under this chapter for noncontents, reported in bands of 500 starting with 0–499.

(3) A semiannual report that aggregates the number of orders, directives, or national security letters with which the person was required to comply into separate categories of—

(A) the total number of all national security process received, including all national security letters, and orders or directives under this chapter, combined, reported in bands of 250 starting with 0–249; and

(B) the total number of customer selectors targeted under all national security process received, including all national security letters, and orders or directives under this chapter, combined, reported in bands of 250 starting with 0–249.

(4) An annual report that aggregates the number of orders, directives, and national security letters the person was required to comply with into separate categories of—

(A) the total number of all national security process received, including all national security letters, and orders or directives under this chapter, combined, reported in bands of 100 starting with 0–99; and

(B) the total number of customer selectors targeted under all national security process received, including all national security letters, and orders or directives under this chapter, combined, reported in bands of 100 starting with 0–99.

(b) Period of time covered by reports

(1) A report described in paragraph (1) or (2) of subsection (a) shall include only information—

(A) relating to national security letters for the previous 180 days; and

(B) relating to authorities under this chapter for the 180-day period of time ending on the date that is not less than 180 days prior to the date of the publication of such report, except that with respect to a platform, product, or service for which a person did not previously receive an order or directive (not including an enhancement to or iteration of an existing publicly available platform, product, or service) such report shall not include any information relating to such new order or directive until 540 days after the date on which such new order or directive is received.

(2) A report described in paragraph (3) of subsection (a) shall include only information relating to the previous 180 days.

(3) A report described in paragraph (4) of subsection (a) shall include only information for the 1-year period of time ending on the date that is not less than 1 year prior to the date of the publication of such report.

(c) Other forms of agreed to publication

Nothing in this section prohibits the Government and any person from jointly agreeing to the publication of information referred to in this subsection in a time, form, or manner other than as described in this section.

(d) Definitions

In this section:

(1) Contents

The term "contents" has the meaning given that term under section 2510 of title 18.

(2) National security letter

The term "national security letter" has the meaning given that term under section 1873 of this title.

(Pub. L. 95–511, title VI, §604, as added Pub. L. 114–23, title VI, §603(a), June 2, 2015, 129 Stat. 295; amended Pub. L. 115–118, title II, §205(a)(4), Jan. 19, 2018, 132 Stat. 21.)

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (b)(1)(B), was in the original "this Act", meaning Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

Section 1861(b)(2)(B), (C) of this title, referred to in subsec. (a)(1)(F)(ii), (iii), means section 1861(b)(2)(B), (C) of this title prior to the amendment of section 1861 by Pub. L. 109–177, title I, §102(b), Mar. 9, 2006, 120 Stat. 195, set out as an Effective Date of 2006 Amendment note under section 1805 of this title, which amended section 1861 of this title, effective Mar. 15, 2020, so that such section read as it read on Oct. 25, 2001, with certain exceptions.

Amendments

2018—Subsec. (a)(1)(D). Pub. L. 115–118, §205(a)(4)(A), substituted "contents," for "contents".

Subsec. (a)(3). Pub. L. 115–118, §205(a)(4)(B), substituted "comply into" for "comply in the into" in introductory provisions.

¹ See References in Text note below.

SUBCHAPTER VI—ADDITIONAL PROCEDURES REGARDING CERTAIN PERSONS OUTSIDE THE UNITED STATES

§1881. Definitions

(a) In general

In this subchapter, the terms "agent of a foreign power", "Attorney General", "contents", "electronic surveillance", "foreign intelligence information", "foreign power", "person", "United States", and "United States person" have the meanings given such terms in section 1801 of this title, except as specifically provided in this subchapter.

(b) Additional definitions

In this subchapter:

(1) Congressional intelligence committees

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.

(2) Foreign Intelligence Surveillance Court; Court

The terms "Foreign Intelligence Surveillance Court" and "Court" mean the court established under section 1803(a) of this title.

(3) Foreign Intelligence Surveillance Court of Review; Court of Review

The terms "Foreign Intelligence Surveillance Court of Review" and "Court of Review" mean the court established under section 1803(b) of this title.

(4) Electronic communication service provider

The term "electronic communication service provider" means—

(A) a telecommunications carrier, as that term is defined in section 153 of title 47;

(B) a provider of electronic communication service, as that term is defined in section 2510 of title 18;

(C) a provider of a remote computing service, as that term is defined in section 2711 of title 18;

(D) any other communication service provider who has access to wire or electronic communications either as such communications are transmitted or as such communications are stored;

(E) any other service provider who has access to equipment that is being or may be used to transmit or store wire or electronic communications, but not including any entity that serves primarily as—

(i) a public accommodation facility, as that term is defined in section 1861(4) of this title;

(ii) a dwelling, as that term is defined in section 3602 of title 42;

(iii) a community facility, as that term is defined in section 1592n of title 42; or

(iv) a food service establishment, as that term is defined in section 1638 of title 7; or

(F) an officer, employee, custodian, or agent of an entity described in subparagraph (A), (B), (C), (D), or (E).

(5) Intelligence community

The term "intelligence community" has the meaning given the term in section 3003(4) of this title.

(Pub. L. 95–511, title VII, §701, as added Pub. L. 110–261, title I, §101(a)(2), July 10, 2008, 122 Stat. 2437; amended Pub. L. 115–118, title II, §205(a)(5), Jan. 19, 2018, 132 Stat. 21; Pub. L. 118–49, §25(a), Apr. 20, 2024, 138 Stat. 893.)

Repeal of Section

Pub. L. 110–261, title IV, §403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, §2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, §201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, §7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, §19(a)(1), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a note under section 1801 of this title, effective two years after Apr. 20, 2024, this section is repealed.

Editorial Notes

Prior Provisions

A prior section 701 of Pub. L. 95–511 was set out as a note under section 1801 of this title, prior to repeal by Pub. L. 110–261.

Amendments

2024—Subsec. (b)(4)(D). Pub. L. 118–49, §25(a)(2), struck out "or" at end.

Subsec. (b)(4)(E). Pub. L. 118–49, §25(a)(3), added subpar. (E). Former subpar. (E) redesignated (F).

Subsec. (b)(4)(F). Pub. L. 118–49, §25(a)(1), (4), redesignated subpar. (E) as (F), inserted "custodian," after "employee," and substituted "(C), (D), or (E)" for "(C), or (D)".

2018—Subsec. (a). Pub. L. 115–118, §205(a)(5)(A), substituted "In this subchapter, the terms" for "The terms".

Subsec. (b). Pub. L. 115–118, §205(a)(5)(B)(i), inserted introductory provisions.

Subsec. (b)(5). Pub. L. 115–118, §205(a)(5)(B)(ii), made technical amendment to reference in original act which appears in text as reference to section 3003(4) of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Pub. L. 115–96, div. A, §1002, Dec. 22, 2017, 131 Stat. 2045, which temporarily extended the effective date of the amendments made by section 403(b) of Pub. L. 110–261 to Jan. 19, 2018, was repealed by its own terms upon the enactment, on Jan. 19, 2018, of section 201(a) of Pub. L. 115–118, which amended the dates specified in section 403(b) of Pub. L. 110–261, and by Pub. L. 115–120, div. B, §2002, Jan. 22, 2018, 132 Stat. 31, which was effective on Jan. 22, 2018.

Effective Date of Repeal

Pub. L. 110–261, title IV, §403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, §2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, §201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, §7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, §19(a)(1), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, the repeals made by section 403(b)(1) are effective two years after Apr. 20, 2024.

[Pub. L. 115–118, title II, §201(c), Jan. 19, 2018, 132 Stat. 19, provided that: "The amendments made to the FISA Amendments Act of 2008 (Public Law 110–261) by this section [amending sections 1881 to 1881g of this title and provisions set out as notes under section 1801 of this title and section 2511 of Title 18, Crimes and Criminal Procedure] shall take effect on December 31, 2017."]

§1881a. Procedures for targeting certain persons outside the United States other than United States persons

(a) Authorization

Notwithstanding any other provision of law, upon the issuance of an order in accordance with subsection (j)(3) or a determination under subsection (c)(2), the Attorney General and the Director of National Intelligence may authorize jointly, for a period of up to 1 year from the effective date of the authorization, the targeting of persons reasonably believed to be located outside the United States to acquire foreign intelligence information.

(b) Limitations

An acquisition authorized under subsection (a)—

(1) may not intentionally target any person known at the time of acquisition to be located in the United States;

(2) may not intentionally target a person reasonably believed to be located outside the United States if the purpose of such acquisition is to target a particular, known person reasonably believed to be in the United States;

(3) may not intentionally target a United States person reasonably believed to be located outside the United States;

(4) may not intentionally acquire any communication as to which the sender and all intended recipients are known at the time of the acquisition to be located in the United States;

(5) may not intentionally acquire communications that contain a reference to, but are not to or from, a target of an acquisition authorized under subsection (a); and

(6) shall be conducted in a manner consistent with the fourth amendment to the Constitution of the United States.

(c) Conduct of acquisition

(1) In general

An acquisition authorized under subsection (a) shall be conducted only in accordance with—

(A) the targeting and minimization procedures adopted in accordance with subsections (d) and (e); and

(B) upon submission of a certification in accordance with subsection (h), such certification.

(2) Determination

A determination under this paragraph and for purposes of subsection (a) is a determination by the Attorney General and the Director of National Intelligence that exigent circumstances exist because, without immediate implementation of an authorization under subsection (a), intelligence important to the national security of the United States may be lost or not timely acquired and time does not permit the issuance of an order pursuant to subsection (j)(3) prior to the implementation of such authorization.

(3) Timing of determination

The Attorney General and the Director of National Intelligence may make the determination under paragraph (2)—

(A) before the submission of a certification in accordance with subsection (h); or

(B) by amending a certification pursuant to subsection (j)(1)(C) at any time during which judicial review under subsection (j) of such certification is pending.

(4) Construction

Nothing in subchapter I shall be construed to require an application for a court order under such subchapter for an acquisition that is targeted in accordance with this section at a person reasonably believed to be located outside the United States.

(d) Targeting procedures

(1) Requirement to adopt

The Attorney General, in consultation with the Director of National Intelligence, shall adopt targeting procedures that are reasonably designed to—

(A) ensure that any acquisition authorized under subsection (a) is limited to targeting persons reasonably believed to be located outside the United States; and

(B) prevent the intentional acquisition of any communication as to which the sender and all intended recipients are known at the time of the acquisition to be located in the United States.

(2) Judicial review

The procedures adopted in accordance with paragraph (1) shall be subject to judicial review pursuant to subsection (j).

(e) Minimization procedures

(1) Requirement to adopt

The Attorney General, in consultation with the Director of National Intelligence, shall adopt minimization procedures that meet the definition of minimization procedures under section 1801(h) of this title or section 1821(4) of this title, as appropriate, for acquisitions authorized under subsection (a).

(2) Judicial review

The minimization procedures adopted in accordance with paragraph (1) shall be subject to judicial review pursuant to subsection (j).

(3) Publication

The Director of National Intelligence, in consultation with the Attorney General, shall—

(A) conduct a declassification review of any minimization procedures adopted or amended in accordance with paragraph (1); and

(B) consistent with such review, and not later than 180 days after conducting such review, make such minimization procedures publicly available to the greatest extent practicable, which may be in redacted form.

(f) Queries

(1) Procedures required

(A) Requirement to adopt

The Attorney General, in consultation with the Director of National Intelligence, shall adopt querying procedures consistent with the requirements of the fourth amendment to the Constitution of the United States for information collected pursuant to an authorization under subsection (a).

(B) Record of United States person query terms

The Attorney General, in consultation with the Director of National Intelligence, shall ensure that the procedures adopted under subparagraph (A) include a technical procedure whereby a record is kept of each United States person query term used for a query.

(C) Judicial review

The procedures adopted in accordance with subparagraph (A) shall be subject to judicial review pursuant to subsection (j).

(2) Prohibition on conduct of queries that are solely designed to find and extract evidence of a crime

(A) Limits on authorizations of United States person queries

The querying procedures adopted pursuant to paragraph (1) for the Federal Bureau of Investigation shall prohibit queries of information acquired under subsection (a) that are solely designed to find and extract evidence of criminal activity.

(B) Exceptions

The restriction under subparagraph (A) shall not apply with respect to a query if—

(i) there is a reasonable belief that such query may retrieve information that could assist in mitigating or eliminating a threat to life or serious bodily harm; or

(ii) such query is necessary to identify information that must be produced or preserved in connection with a litigation matter or to fulfill discovery obligations in criminal matters under the laws of the United States or any State thereof.

(3) Restrictions imposed on Federal Bureau of Investigation

(A) Limits on authorizations of United States person queries

(i) In general

Federal Bureau of Investigation personnel must obtain prior approval from a Federal Bureau of Investigation supervisor (or employee of equivalent or greater rank) or attorney who is authorized to access unminimized contents or noncontents obtained through acquisitions authorized under subsection (a) for any query of such unminimized contents or noncontents made using a United States person query term.

(ii) Exception

A United States person query to be conducted by the Federal Bureau of Investigation of unminimized contents or noncontents obtained through acquisitions authorized under subsection (a) using a United States person query term may be conducted without obtaining prior approval as specified in clause (i) only if the person conducting the United States person query has a reasonable belief that conducting the query could assist in mitigating or eliminating a threat to life or serious bodily harm.

(B) Notification requirement for certain FBI queries

(i) Requirement

The Director of the Federal Bureau of Investigation shall promptly notify appropriate congressional leadership of any query conducted by the Federal Bureau of Investigation using a query term that is reasonably believed to be the name or other personally identifying information of a member of Congress, and shall also notify the member who is the subject of such query.

(ii) Appropriate congressional leadership defined

In this subparagraph, the term "appropriate congressional leadership" means the following:

(I) The chairs and ranking minority members of the congressional intelligence committees.

(II) The Speaker and minority leader of the House of Representatives.

(III) The majority and minority leaders of the Senate.

(iii) National security considerations

In submitting a notification under clause (i), the Director shall give due regard to the protection of classified information, sources and methods, and national security.

(iv) Waiver

(I) In general

The Director may waive a notification required under clause (i) if the Director determines such notification would impede an ongoing national security or law enforcement investigation.

(II) Termination

A waiver under subclause (I) shall terminate on the date the Director determines the relevant notification would not impede the relevant national security or law enforcement investigation or on the date that such investigation ends, whichever is earlier.

(C) Consent required for FBI to conduct certain queries for purpose of defensive briefing

(i) Consent required

The Federal Bureau of Investigation may not, for the exclusive purpose of supplementing the contents of a briefing on the defense against a counterintelligence threat to a member of Congress, conduct a query using a query term that is the name or restricted personal information (as such term is defined in section 119 of title 18) of that member unless—

(I) the member provides consent to the use of the query term; or

(II) the Deputy Director of the Federal Bureau of Investigation determines that exigent circumstances exist sufficient to justify the conduct of such query.

(ii) Notification

(I) Notification of consent sought

Not later than three business days after submitting a request for consent from a member of Congress under clause (i), the Director of the Federal Bureau of Investigation shall notify the appropriate congressional leadership, regardless of whether the member provided such consent.

(II) Notification of exception used

Not later than three business days after the conduct of a query under clause (i) without consent on the basis of the existence of exigent circumstances determined under subclause (II) of such clause, the Director of the Federal Bureau of Investigation shall notify the appropriate congressional leadership.

(iii) Rule of construction

Nothing in this subparagraph may be construed as—

(I) applying to matters outside of the scope of the briefing on the defense against a counterintelligence threat to be provided or supplemented under clause (i); or

(II) limiting the lawful investigative activities of the Federal Bureau of Investigation other than supplementing the contents of a briefing on the defense against a counterintelligence threat to a member of Congress.

(iv) Appropriate congressional leadership defined

In this subparagraph, the term "appropriate congressional leadership" means the following:

(I) The chairs and ranking minority members of the congressional intelligence committees.

(II) The Speaker and minority leader of the House of Representatives.

(III) The majority and minority leaders of the Senate.

(D) Querying procedures applicable to Federal Bureau of Investigation

For any procedures adopted under paragraph (1) applicable to the Federal Bureau of Investigation, the Attorney General, in consultation with the Director of National Intelligence, shall include the following requirements:

(i) Training

A requirement that, prior to conducting any query, personnel of the Federal Bureau of Investigation successfully complete training on the querying procedures on an annual basis.

(ii) Additional prior approvals for sensitive queries

A requirement that, absent exigent circumstances, prior to conducting certain queries, personnel of the Federal Bureau of Investigation receive approval, at minimum, as follows:

(I) Approval from the Deputy Director of the Federal Bureau of Investigation if the query uses a query term reasonably believed to identify a United States elected official, an appointee of the President or a State governor, a United States political candidate, a United States political organization or a United States person prominent in such organization, or a United States media organization or a United States person who is a member of such organization.

(II) Approval from an attorney of the Federal Bureau of Investigation if the query uses a query term reasonably believed to identify a United States religious organization or a United States person who is prominent in such organization.

(III) Approval from an attorney of the Federal Bureau of Investigation if such conduct involves batch job technology (or successor tool).

(iii) Prior written justification

A requirement that, prior to conducting a query using a United States person query term, personnel of the Federal Bureau of Investigation provide a written statement of the specific factual basis to support the reasonable belief that such query meets the standards required by the procedures adopted under paragraph (1). For each United States person query, the Federal Bureau of Investigation shall keep a record of the query term, the date of the conduct of the query, the identifier of the personnel conducting the query, and such written statement.

(iv) Storage of certain contents and noncontents

Any system of the Federal Bureau of Investigation that stores unminimized contents or noncontents obtained through acquisitions authorized under subsection (a) together with contents or noncontents obtained through other lawful means shall be configured in a manner that—

(I) requires personnel of the Federal Bureau of Investigation to affirmatively elect to include such unminimized contents or noncontents obtained through acquisitions authorized under subsection (a) when running a query; or

(II) includes other controls reasonably expected to prevent inadvertent queries of such unminimized contents or noncontents.

(v) Waiver authority for Foreign Intelligence Surveillance Court

If the Foreign Intelligence Surveillance Court finds that the procedures adopted under paragraph (1) include measures that are reasonably expected to result in similar compliance outcomes as the measures specified in clauses (i) through (iv) of this subparagraph, the Foreign Intelligence Surveillance Court may waive one or more of the requirements specified in such clauses.

(vi) Prohibition on political appointees within the process to approve Federal Bureau of Investigation queries

The procedures shall prohibit any political personnel, such as those classified by the Office of Personnel Management as Presidential Appointment with Senate Confirmation, Presidential Appointment (without Senate Confirmation), Noncareer Senior Executive Service Appointment, or Schedule C Excepted Appointment, from inclusion in the Federal Bureau of Investigation's prior approval process under clause (ii).

(4) Minimum accountability standards

The Director of the Federal Bureau of Investigation shall issue minimum accountability standards that set forth escalating consequences for noncompliant querying of United States person terms within the contents of communications that were acquired under this section. Such standards shall include, at minimum, the following:

(A) Zero tolerance for willful misconduct.

(B) Escalating consequences for unintentional noncompliance, including the threshold for mandatory revocation of access to query information acquired under this section.

(C) Consequences for supervisors who oversee users that engage in noncompliant queries.

(5) Definitions

In this subsection:

(A) The term "contents" has the meaning given that term in section 2510(8) of title 18.

(B) The term "query" means the use of one or more terms to retrieve the unminimized contents or noncontents located in electronic and data storage systems of communications of or concerning United States persons obtained through acquisitions authorized under subsection (a).

(6) Vetting of non-United States persons

For any procedures for one or more agencies adopted under paragraph (1)(A), the Attorney General, in consultation with the Director of National Intelligence, shall ensure that the procedures enable the vetting of all non-United States persons who are being processed for travel to the United States using terms that do not qualify as United States person query terms under this chapter.

(g) Guidelines for compliance with limitations

(1) Requirement to adopt

The Attorney General, in consultation with the Director of National Intelligence, shall adopt guidelines to ensure—

(A) compliance with the limitations in subsection (b); and

(B) that an application for a court order is filed as required by this chapter.

(2) Submission of guidelines

The Attorney General shall provide the guidelines adopted in accordance with paragraph (1) to—

(A) the congressional intelligence committees;

(B) the Committees on the Judiciary of the Senate and the House of Representatives; and

(C) the Foreign Intelligence Surveillance Court.

(h) Certification

(1) In general

(A) Requirement

Subject to subparagraph (B), prior to the implementation of an authorization under subsection (a), the Attorney General and the Director of National Intelligence shall provide to the Foreign Intelligence Surveillance Court a written certification and any supporting affidavit, under oath and under seal, in accordance with this subsection.

(B) Exception

If the Attorney General and the Director of National Intelligence make a determination under subsection (c)(2) and time does not permit the submission of a certification under this subsection prior to the implementation of an authorization under subsection (a), the Attorney General and the Director of National Intelligence shall submit to the Court a certification for such authorization as soon as practicable but in no event later than 7 days after such determination is made.

(2) Requirements

A certification made under this subsection shall—

(A) attest that—

(i) there are targeting procedures in place that have been approved, have been submitted for approval, or will be submitted with the certification for approval by the Foreign Intelligence Surveillance Court that are reasonably designed to—

(I) ensure that an acquisition authorized under subsection (a) is limited to targeting persons reasonably believed to be located outside the United States; and

(II) prevent the intentional acquisition of any communication as to which the sender and all intended recipients are known at the time of the acquisition to be located in the United States;

(ii) the minimization procedures to be used with respect to such acquisition—

(I) meet the definition of minimization procedures under section 1801(h) or 1821(4) of this title, as appropriate; and

(II) have been approved, have been submitted for approval, or will be submitted with the certification for approval by the Foreign Intelligence Surveillance Court;

(iii) guidelines have been adopted in accordance with subsection (g) to ensure compliance with the limitations in subsection (b) and to ensure that an application for a court order is filed as required by this chapter;

(iv) the procedures and guidelines referred to in clauses (i), (ii), and (iii) are consistent with the requirements of the fourth amendment to the Constitution of the United States;

(v) a significant purpose of the acquisition is to obtain foreign intelligence information;

(vi) the acquisition involves obtaining foreign intelligence information from or with the assistance of an electronic communication service provider; and

(vii) the acquisition complies with the limitations in subsection (b);

(B) include the procedures adopted in accordance with subsections (d) and (e);

(C) be supported, as appropriate, by the affidavit of any appropriate official in the area of national security who is—

(i) appointed by the President, by and with the advice and consent of the Senate; or

(ii) the head of an element of the intelligence community;

(D) include—

(i) an effective date for the authorization that is at least 30 days after the submission of the written certification to the court; or

(ii) if the acquisition has begun or the effective date is less than 30 days after the submission of the written certification to the court, the date the acquisition began or the effective date for the acquisition; and

(E) if the Attorney General and the Director of National Intelligence make a determination under subsection (c)(2), include a statement that such determination has been made.

(3) Change in effective date

The Attorney General and the Director of National Intelligence may advance or delay the effective date referred to in paragraph (2)(D) by submitting an amended certification in accordance with subsection (j)(1)(C) to the Foreign Intelligence Surveillance Court for review pursuant to subsection (i).¹

(4) Limitation

A certification made under this subsection is not required to identify the specific facilities, places, premises, or property at which an acquisition authorized under subsection (a) will be directed or conducted.

(5) Maintenance of certification

The Attorney General or a designee of the Attorney General shall maintain a copy of a certification made under this subsection.

(6) Review

A certification submitted in accordance with this subsection shall be subject to judicial review pursuant to subsection (j).

(i) Directives and judicial review of directives

(1) Authority

With respect to an acquisition authorized under subsection (a), the Attorney General and the Director of National Intelligence may direct, in writing, an electronic communication service provider to—

(A) immediately provide the Government with all information, facilities, or assistance necessary to accomplish the acquisition in a manner that will protect the secrecy of the acquisition and produce a minimum of interference with the services that such electronic communication service provider is providing to the target of the acquisition; and

(B) maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the acquisition or the aid furnished that such electronic communication service provider wishes to maintain.

(2) Compensation

The Government shall compensate, at the prevailing rate, an electronic communication service provider for providing information, facilities, or assistance in accordance with a directive issued pursuant to paragraph (1).

(3) Release from liability

No cause of action shall lie in any court against any electronic communication service provider for providing any information, facilities, or assistance in accordance with a directive issued pursuant to paragraph (1).

(4) Challenging of directives

(A) Authority to challenge

An electronic communication service provider receiving a directive issued pursuant to paragraph (1) may file a petition to modify or set aside such directive with the Foreign Intelligence Surveillance Court, which shall have jurisdiction to review such petition.

(B) Assignment

The presiding judge of the Court shall assign a petition filed under subparagraph (A) to 1 of the judges serving in the pool established under section 1803(e)(1) of this title not later than 24 hours after the filing of such petition.

(C) Standards for review

A judge considering a petition filed under subparagraph (A) may grant such petition only if the judge finds that the directive does not meet the requirements of this section, or is otherwise unlawful.

(D) Procedures for initial review

A judge shall conduct an initial review of a petition filed under subparagraph (A) not later than 5 days after being assigned such petition. If the judge determines that such petition does not consist of claims, defenses, or other legal contentions that are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law, the judge shall immediately deny such petition and affirm the directive or any part of the directive that is the subject of such petition and order the recipient to comply with the directive or any part of it. Upon making a determination under this subparagraph or promptly thereafter, the judge shall provide a written statement for the record of the reasons for such determination.

(E) Procedures for plenary review

If a judge determines that a petition filed under subparagraph (A) requires plenary review, the judge shall affirm, modify, or set aside the directive that is the subject of such petition not later than 30 days after being assigned such petition. If the judge does not set aside the directive, the judge shall immediately affirm or affirm with modifications the directive, and order the recipient to comply with the directive in its entirety or as modified. The judge shall provide a written statement for the record of the reasons for a determination under this subparagraph.

(F) Continued effect

Any directive not explicitly modified or set aside under this paragraph shall remain in full effect.

(G) Contempt of Court

Failure to obey an order issued under this paragraph may be punished by the Court as contempt of court.

(5) Enforcement of directives

(A) Order to compel

If an electronic communication service provider fails to comply with a directive issued pursuant to paragraph (1), the Attorney General may file a petition for an order to compel the electronic communication service provider to comply with the directive with the Foreign Intelligence Surveillance Court, which shall have jurisdiction to review such petition.

(B) Assignment

The presiding judge of the Court shall assign a petition filed under subparagraph (A) to 1 of the judges serving in the pool established under section 1803(e)(1) of this title not later than 24 hours after the filing of such petition.

(C) Procedures for review

A judge considering a petition filed under subparagraph (A) shall, not later than 30 days after being assigned such petition, issue an order requiring the electronic communication service provider to comply with the directive or any part of it, as issued or as modified, if the judge finds that the directive meets the requirements of this section and is otherwise lawful. The judge shall provide a written statement for the record of the reasons for a determination under this paragraph.

(D) Contempt of Court

Failure to obey an order issued under this paragraph may be punished by the Court as contempt of court.

(E) Process

Any process under this paragraph may be served in any judicial district in which the electronic communication service provider may be found.

(6) Appeal

(A) Appeal to the Court of Review

The Government or an electronic communication service provider receiving a directive issued pursuant to paragraph (1) may file a petition with the Foreign Intelligence Surveillance Court of Review for review of a decision issued pursuant to paragraph (4) or (5). The Court of Review shall have jurisdiction to consider such petition and shall provide a written statement for the record of the reasons for a decision under this subparagraph.

(B) Certiorari to the Supreme Court

The Government or an electronic communication service provider receiving a directive issued pursuant to paragraph (1) may file a petition for a writ of certiorari for review of a decision of the Court of Review issued under subparagraph (A). The record for such review shall be transmitted under seal to the Supreme Court of the United States, which shall have jurisdiction to review such decision.

(j) Judicial review of certifications and procedures

(1) In general

(A) Review by the Foreign Intelligence Surveillance Court

The Foreign Intelligence Surveillance Court shall have jurisdiction to review a certification submitted in accordance with subsection (g) ¹ and the targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1), and amendments to such certification or such procedures.

(B) Time period for review

The Court shall review a certification submitted in accordance with subsection (g) ¹ and the targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1) and shall complete such review and issue an order under paragraph (3) not later than 30 days after the date on which such certification and such procedures are submitted.

(C) Amendments

The Attorney General and the Director of National Intelligence may amend a certification submitted in accordance with subsection (g) ¹ or the targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1) as necessary at any time, including if the Court is conducting or has completed review of such certification or such procedures, and shall submit the amended certification or amended procedures to the Court not later than 7 days after amending such certification or such procedures. The Court shall review any amendment under this subparagraph under the procedures set forth in this subsection. The Attorney General and the Director of National Intelligence may authorize the use of an amended certification or amended procedures pending the Court's review of such amended certification or amended procedures.

(2) Review

The Court shall review the following:

(A) Certification

A certification submitted in accordance with subsection (h) to determine whether the certification contains all the required elements.

(B) Targeting procedures

The targeting procedures adopted in accordance with subsection (d) to assess whether the procedures are reasonably designed to—

(i) ensure that an acquisition authorized under subsection (a) is limited to targeting persons reasonably believed to be located outside the United States; and

(ii) prevent the intentional acquisition of any communication as to which the sender and all intended recipients are known at the time of the acquisition to be located in the United States.

(C) Minimization procedures

The minimization procedures adopted in accordance with subsection (e) to assess whether such procedures meet the definition of minimization procedures under section 1801(h) of this title or section 1821(4) of this title, as appropriate.

(D) Querying procedures

The querying procedures adopted in accordance with subsection (f)(1) to assess whether such procedures comply with the requirements of such subsection.

(3) Orders

(A) Approval

If the Court finds that a certification submitted in accordance with subsection (h) contains all the required elements and that the targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1) are consistent with the requirements of those subsections and with the fourth amendment to the Constitution of the United States, the Court shall enter an order approving the certification and the use, or continued use in the case of an acquisition authorized pursuant to a determination under subsection (c)(2), of the procedures for the acquisition.

(B) Correction of deficiencies

If the Court finds that a certification submitted in accordance with subsection (h) does not contain all the required elements, or that the procedures adopted in accordance with subsections (d), (e), and (f)(1) are not consistent with the requirements of those subsections or the fourth amendment to the Constitution of the United States, the Court shall issue an order directing the Government to, at the Government's election and to the extent required by the Court's order—

(i) correct any deficiency identified by the Court's order not later than 30 days after the date on which the Court issues the order; or

(ii) cease, or not begin, the implementation of the authorization for which such certification was submitted.

(C) Requirement for written statement

In support of an order under this subsection, the Court shall provide, simultaneously with the order, for the record a written statement of the reasons for the order.

(D) Limitation on use of information

(i) In general

Except as provided in clause (ii), if the Court orders a correction of a deficiency in a certification or procedures under subparagraph (B), no information obtained or evidence derived pursuant to the part of the certification or procedures that has been identified by the Court as deficient concerning any United States person shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired pursuant to such part of such certification or procedures shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of the United States person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.

(ii) Exception

If the Government corrects any deficiency identified by the order of the Court under subparagraph (B), the Court may permit the use or disclosure of information obtained before the date of the correction under such minimization procedures as the Court may approve for purposes of this clause.

(4) Appeal

(A) Appeal to the Court of Review

The Government may file a petition with the Foreign Intelligence Surveillance Court of Review for review of an order under this subsection. The Court of Review shall have jurisdiction to consider such petition. For any decision under this subparagraph affirming, reversing, or modifying an order of the Foreign Intelligence Surveillance Court, the Court of Review shall provide for the record a written statement of the reasons for the decision.

(B) Continuation of acquisition pending rehearing or appeal

Any acquisition affected by an order under paragraph (3)(B) may continue—

(i) during the pendency of any rehearing of the order by the Court en banc; and

(ii) if the Government files a petition for review of an order under this section, until the Court of Review enters an order under subparagraph (C).

(C) Implementation pending appeal

Not later than 60 days after the filing of a petition for review of an order under paragraph (3)(B) directing the correction of a deficiency, the Court of Review shall determine, and enter a corresponding order regarding, whether all or any part of the correction order, as issued or modified, shall be implemented during the pendency of the review.

(D) Certiorari to the Supreme Court

The Government may file a petition for a writ of certiorari for review of a decision of the Court of Review issued under subparagraph (A). The record for such review shall be transmitted under seal to the Supreme Court of the United States, which shall have jurisdiction to review such decision.

(5) Schedule

(A) Reauthorization of authorizations in effect

If the Attorney General and the Director of National Intelligence seek to reauthorize or replace an authorization issued under subsection (a), the Attorney General and the Director of National Intelligence shall, to the extent practicable, submit to the Court the certification prepared in accordance with subsection (h) and the procedures adopted in accordance with subsections (d), (e), and (f)(1) at least 30 days prior to the expiration of such authorization.

(B) Reauthorization of orders, authorizations, and directives

If the Attorney General and the Director of National Intelligence seek to reauthorize or replace an authorization issued under subsection (a) by filing a certification pursuant to subparagraph (A), that authorization, and any directives issued thereunder and any order related thereto, shall remain in effect, notwithstanding the expiration provided for in subsection (a), until the Court issues an order with respect to such certification under paragraph (3) at which time the provisions of that paragraph and paragraph (4) shall apply with respect to such certification.

(k) Judicial proceedings

(1) Expedited judicial proceedings

Judicial proceedings under this section shall be conducted as expeditiously as possible.

(2) Time limits

A time limit for a judicial decision in this section shall apply unless the Court, the Court of Review, or any judge of either the Court or the Court of Review, by order for reasons stated, extends that time as necessary for good cause in a manner consistent with national security.

(l) Maintenance and security of records and proceedings

(1) Standards

The Foreign Intelligence Surveillance Court shall maintain a record of a proceeding under this section, including petitions, appeals, orders, and statements of reasons for a decision, under security measures adopted by the Chief Justice of the United States, in consultation with the Attorney General and the Director of National Intelligence.

(2) Filing and review

All petitions under this section shall be filed under seal. In any proceedings under this section, the Court shall, upon request of the Government, review ex parte and in camera any Government submission, or portions of a submission, which may include classified information.

(3) Retention of records

The Attorney General and the Director of National Intelligence shall retain a directive or an order issued under this section for a period of not less than 10 years from the date on which such directive or such order is issued.

(m) Assessments and reviews

(1) Semiannual assessment

Not less frequently than once every 6 months, the Attorney General and Director of National Intelligence shall assess compliance with the targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1) and the guidelines adopted in accordance with subsection (g) and shall submit each assessment to—

(A) the Foreign Intelligence Surveillance Court; and

(B) consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution—

(i) the congressional intelligence committees; and

(ii) the Committees on the Judiciary of the House of Representatives and the Senate.

(2) Agency assessment

The Inspector General of the Department of Justice and the Inspector General of each element of the intelligence community authorized to acquire foreign intelligence information under subsection (a), with respect to the department or element of such Inspector General—

(A) are authorized to review compliance with the targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1) and the guidelines adopted in accordance with subsection (g);

(B) with respect to acquisitions authorized under subsection (a), shall review the number of disseminated intelligence reports containing a reference to a United States-person identity and the number of United States-person identities subsequently disseminated by the element concerned in response to requests for identities that were not referred to by name or title in the original reporting;

(C) with respect to acquisitions authorized under subsection (a), shall review the number of targets that were later determined to be located in the United States and, to the extent possible, whether communications of such targets were reviewed; and

(D) shall provide each such review to—

(i) the Attorney General;

(ii) the Director of National Intelligence; and

(iii) consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution—

(I) the congressional intelligence committees; and

(II) the Committees on the Judiciary of the House of Representatives and the Senate.

(3) Annual review

(A) Requirement to conduct

The head of each element of the intelligence community conducting an acquisition authorized under subsection (a) shall conduct an annual review to determine whether there is reason to believe that foreign intelligence information has been or will be obtained from the acquisition. The annual review shall provide, with respect to acquisitions authorized under subsection (a)—

(i) an accounting of the number of disseminated intelligence reports containing a reference to a United States-person identity;

(ii) an accounting of the number of United States-person identities subsequently disseminated by that element in response to requests for identities that were not referred to by name or title in the original reporting;

(iii) the number of targets that were later determined to be located in the United States and, to the extent possible, whether communications of such targets were reviewed; and

(iv) a description of any procedures developed by the head of such element of the intelligence community and approved by the Director of National Intelligence to assess, in a manner consistent with national security, operational requirements and the privacy interests of United States persons, the extent to which the acquisitions authorized under subsection (a) acquire the communications of United States persons, and the results of any such assessment.

(B) Use of review

The head of each element of the intelligence community that conducts an annual review under subparagraph (A) shall use each such review to evaluate the adequacy of the minimization procedures utilized by such element and, as appropriate, the application of the minimization procedures to a particular acquisition authorized under subsection (a).

(C) Provision of review

The head of each element of the intelligence community that conducts an annual review under subparagraph (A) shall provide such review to—

(i) the Foreign Intelligence Surveillance Court;

(ii) the Attorney General;

(iii) the Director of National Intelligence; and

(iv) consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution—

(I) the congressional intelligence committees; and

(II) the Committees on the Judiciary of the House of Representatives and the Senate.

(n) Restriction on certain information available to Federal Bureau of Investigation

(1) Restriction

The Federal Bureau of Investigation may not ingest unminimized information acquired under this section into its analytic repositories unless the targeted person is relevant to an existing, open, predicated full national security investigation by the Federal Bureau of Investigation.

(2) Exception for exigent circumstances

Paragraph (1) does not apply if the Director of the Federal Bureau of Investigation decides it is necessary due to exigent circumstances and provides notification within three business days to the congressional intelligence committees, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate.

(3) Exception for assistance to other agencies

Paragraph (1) does not apply where the Federal Bureau of Investigation has agreed to provide technical, analytical, or linguistic assistance at the request of another Federal agency.

(Pub. L. 95–511, title VII, §702, as added Pub. L. 110–261, title I, §101(a)(2), July 10, 2008, 122 Stat. 2438; amended Pub. L. 114–23, title III, §301, June 2, 2015, 129 Stat. 278; Pub. L. 115–118, title I, §§101(a)(1), (b)(1), 103, formerly 103(a), (b)(5), 104, title II, §205(a)(6), Jan. 19, 2018, 132 Stat. 4, 6, 10, 12, 13, 21, renumbered §103, Pub. L. 118–49, §22(b)(2)(B), Apr. 20, 2024, 138 Stat. 892; Pub. L. 118–49, §§2(a), (b), (d), (e), (f), 3, 16(a)(1), 22(a), (b)(1), 24, Apr. 20, 2024, 138 Stat. 862, 863, 865-867, 883, 891-893.)

Repeal of Section

Pub. L. 110–261, title IV, §403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, §2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, §201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, §7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, §19(a)(1), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a note under section 1801 of this title, effective two years after Apr. 20, 2024, this section is repealed.

Editorial Notes

References in Text

This chapter, referred to in subsecs. (f)(1)(B), (6) and (g)(2)(A)(iii), was in the original "this Act", meaning Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

Subsection (i), referred to in subsec. (h)(3), was redesignated subsection (j) of this section by Pub. L. 115–118, title I, §101(a)(1)(A), Jan. 19, 2018, 132 Stat. 4.

Subsection (g), referred to in subsec. (j)(1), was redesignated subsection (h) of this section by Pub. L. 115–118, title I, §101(a)(1)(A), Jan. 19, 2018, 132 Stat. 4.

Senate Resolution 400 of the 94th Congress, referred to in subsec. (l), was agreed to May 19, 1976, and was subsequently amended by both Senate resolution and public law. The Resolution, which established the Senate Select Committee on Intelligence, is not classified to the Code.

Amendments

2024—Subsec. (b)(5). Pub. L. 118–49, §22(a), struck out ", except as provided under section 103(b) of the FISA Amendments Reauthorization Act of 2017" after "subsection (a)".

Subsec. (f)(2). Pub. L. 118–49, §3(a), amended par. (2) generally. Prior to amendment, par. (2) related to access to results of certain queries conducted by FBI.

Subsec. (f)(3). Pub. L. 118–49, §2(a)(2), added par. (3). Former par. (3) redesignated (5).

Subsec. (f)(3)(B). Pub. L. 118–49, §2(e), added subpar. (B).

Subsec. (f)(3)(C). Pub. L. 118–49, §2(f), added subpar. (C).

Subsec. (f)(3)(D). Pub. L. 118–49, §2(d), added subpar. (D).

Subsec. (f)(3)(D)(vi). Pub. L. 118–49, §2(b), added cl. (vi).

Subsec. (f)(4). Pub. L. 118–49, §16(a)(1), added par. (4).

Subsec. (f)(5). Pub. L. 118–49, §2(a)(1), redesignated par. (3) as (5).

Subsec. (f)(6). Pub. L. 118–49, §24, added par. (6).

Subsec. (m). Pub. L. 118–49, §22(b)(1)(A), substituted "and reviews" for "reviews, and reporting" in heading.

Subsec. (m)(4). Pub. L. 118–49, §22(b)(1)(B), struck out par. (4) which related to reporting of material breach.

Subsec. (n). Pub. L. 118–49, §3(b), added subsec. (n).

2018—Subsec. (a). Pub. L. 115–118, §101(b)(1)(A), substituted "with subsection (j)(3)" for "with subsection (i)(3)".

Subsec. (b)(5), (6). Pub. L. 115–118, §103, formerly §103(a), as renumbered by Pub. L. 118–49, §22(b)(2)(B), added par. (5) and redesignated former par. (5) as (6).

Subsec. (c)(1)(B). Pub. L. 115–118, §101(b)(1)(B)(i), substituted "with subsection (h)" for "with subsection (g)".

Subsec. (c)(2). Pub. L. 115–118, §101(b)(1)(B)(ii), substituted "to subsection (j)(3)" for "to subsection (i)(3)".

Subsec. (c)(3)(A). Pub. L. 115–118, §101(b)(1)(B)(iii)(I), substituted "with subsection (h)" for "with subsection (g)".

Subsec. (c)(3)(B). Pub. L. 115–118, §101(b)(1)(B)(iii)(II), substituted "to subsection (j)(1)(C)" for "to subsection (i)(1)(C)" and "under subsection (j)" for "under subsection (i)".

Subsec. (d)(2). Pub. L. 115–118, §101(b)(1)(C), substituted "to subsection (j)" for "to subsection (i)".

Subsec. (e)(2). Pub. L. 115–118, §101(b)(1)(D), substituted "to subsection (j)" for "to subsection (i)".

Subsec. (e)(3). Pub. L. 115–118, §104, added par. (3).

Subsecs. (f) to (h). Pub. L. 115–118, §101(a)(1), added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively. Former subsec. (h) redesignated (i).

Subsec. (h)(2)(A)(i). Pub. L. 115–118, §205(a)(6), inserted "targeting" before "procedures in place" in introductory provisions.

Subsec. (h)(2)(A)(iii). Pub. L. 115–118, §101(b)(1)(E)(i), substituted "with subsection (g)" for "with subsection (f)".

Subsec. (h)(3). Pub. L. 115–118, §101(b)(1)(E)(ii), substituted "with subsection (j)(1)(C)" for "with subsection (i)(1)(C)".

Subsec. (h)(6). Pub. L. 115–118, §101(b)(1)(E)(iii), substituted "to subsection (j)" for "to subsection (i)".

Subsecs. (i), (j). Pub. L. 115–118, §101(a)(1)(A), redesignated subsecs. (h) and (i) as (i) and (j), respectively. Former subsec. (j) redesignated (k).

Subsec. (j)(1). Pub. L. 115–118, §101(b)(1)(F)(i), substituted "targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1)" for "targeting and minimization procedures adopted in accordance with subsections (d) and (e)" in subpars. (A) to (C).

Subsec. (j)(2)(A). Pub. L. 115–118, §101(b)(1)(F)(ii)(I), substituted "with subsection (h)" for "with subsection (g)".

Subsec. (j)(2)(D). Pub. L. 115–118, §101(b)(1)(F)(ii)(II), added subpar. (D).

Subsec. (j)(3)(A). Pub. L. 115–118, §101(b)(1)(F)(iii)(I), substituted "with subsection (h)" for "with subsection (g)" and "targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1)" for "targeting and minimization procedures adopted in accordance with subsections (d) and (e)".

Subsec. (j)(3)(B). Pub. L. 115–118, §101(b)(1)(F)(iii)(II), substituted "with subsection (h)" for "with subsection (g)" and "with subsections (d), (e), and (f)(1)" for "with subsections (d) and (e)" in introductory provisions.

Subsec. (j)(5)(A). Pub. L. 115–118, §101(b)(1)(F)(iv), substituted "with subsection (h)" for "with subsection (g)" and "with subsections (d), (e), and (f)(1)" for "with subsections (d) and (e)".

Subsecs. (k), (l). Pub. L. 115–118, §101(a)(1)(A), redesignated subsecs. (j) and (k) as (k) and (l), respectively. Former subsec. (l) redesignated (m).

Subsec. (m). Pub. L. 115–118, §103(b)(5)(A), substituted "reviews, and reporting" for "and reviews" in heading. Section 103(b) of Pub. L. 115–118 was struck out by Pub. L. 118–49, §22(b)(2)(B).

Pub. L. 115–118, §101(a)(1)(A), redesignated subsec. (l) as (m).

Subsec. (m)(1). Pub. L. 115–118, §101(b)(1)(G)(i), substituted "targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1)" for "targeting and minimization procedures adopted in accordance with subsections (d) and (e)" and "with subsection (g)" for "with subsection (f)" in introductory provisions.

Subsec. (m)(2)(A). Pub. L. 115–118, §101(b)(1)(G)(ii), substituted "targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1)" for "targeting and minimization procedures adopted in accordance with subsections (d) and (e)" and "with subsection (g)" for "with subsection (f)".

Subsec. (m)(4). Pub. L. 115–118, §103(b)(5)(B), added par. (4). Section 103(b) of Pub. L. 115–118 was struck out by Pub. L. 118–49, §22(b)(2)(B).

2015—Subsec. (i)(3)(D). Pub. L. 114–23 added subpar. (D).

Statutory Notes and Related Subsidiaries

Effective Date of 2024 Amendment

Pub. L. 118–49, §18(d)(2), Apr. 20, 2024, 138 Stat. 891, provided that: "Subsection (f) of section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), as amended by this Act, shall apply with respect to certifications submitted under subsection (h) of such section to the Foreign Intelligence Surveillance Court after January 1, 2024."

Effective Date of 2018 Amendment

Pub. L. 115–118, title I, §101(a)(2), Jan. 19, 2018, 132 Stat. 6, provided that: "Subsection (f) of section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), as added by paragraph (1), shall apply with respect to certifications submitted under subsection (h) of such section to the Foreign Intelligence Surveillance Court after January 1, 2018."

Effective Date of Repeal

Pub. L. 110–261, title IV, §403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, §2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, §201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, §7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, §19(a)(1), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, the repeals made by section 403(b)(1) are effective two years after Apr. 20, 2024.

Mandatory Audits of United States Person Queries Conducted by Federal Bureau of Investigation

Pub. L. 118–49, §2(c), Apr. 20, 2024, 138 Stat. 863, provided that:

"(1) Audits required.—For each query identified by the Federal Bureau of Investigation as a United States person query against information acquired pursuant to subsection (a) of section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) conducted by the Federal Bureau of Investigation, not later than 180 days after the conduct of such query, the Department of Justice shall conduct an audit of such query.

"(2) Applicability.—The requirement under paragraph (1) shall apply with respect to queries conducted on or after the date of the enactment of this Act [Apr. 20, 2024].

"(3) Sunset.—This section [probably should be "subsection"] shall terminate on the earlier of the following:

"(A) The date that is 2 years after the date of the enactment of this Act [Apr. 20, 2024].

"(B) The date on which the Attorney General submits to the appropriate congressional committees a certification that the Federal Bureau of Investigation has implemented a process for the internal audit of all queries referred to in paragraph (1).

"(4) Appropriate congressional committees defined.—In this section [probably should be "subsection"], the term 'appropriate congressional committees' means—

"(A) the congressional intelligence committees, as such term is defined in subsection (b) of section 701 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881); and

"(B) the Committees on the Judiciary of the House of Representatives and of the Senate."

Targeting Decisions Under Section 702

Pub. L. 118–49, §4, Apr. 20, 2024, 138 Stat. 867, provided that:

"(a) Sense of Congress on the Targeted Collection of United States Person Information.—It is the sense of Congress that, as proscribed in section 702(b)(2) [50 U.S.C. 1881a(b)(2)], section 702 of the Foreign Intelligence Surveillance Act of 1978 [50 U.S.C. 1881a] has always prohibited, and continues to prohibit, the intelligence community from targeting a United States person for collection of foreign intelligence information. If the intelligence community intends to target a United States person for collection of foreign intelligence information under the Foreign Intelligence Surveillance Act of 1978, the Government must first obtain an individualized court order based upon a finding of probable cause that the United States person is a foreign power, an agent of a foreign power, or an officer or employee of a foreign power, in order to conduct surveillance targeting that United States person.

"(b) Annual Audit of Targeting Decisions Under Section 702.—

"(1) Mandatory review.—Not less frequently than annually, the Department of Justice National Security Division shall review each person targeted under section 702 of the Foreign Intelligence Surveillance Act of 1978 in the preceding year to ensure that the purpose of each targeting decision is not to target a known United States person. The results of this review shall be submitted to the Department of Justice Office of the Inspector General, the congressional intelligence committees, and the Committees on the Judiciary of the House of Representatives and of the Senate, subject to a declassification review.

"(2) Inspector general audit.—Not less frequently than annually, the Department of Justice Office of the Inspector General shall audit a sampling of the targeting decisions reviewed by the National Security Division under paragraph (1) and submit a report to the congressional intelligence committees and the Committees on the Judiciary of the House of Representatives and of the Senate.

"(3) Certification.—Within 180 days of enactment of this Act [Apr. 20, 2024], and annually thereafter, each agency authorized to target non-United States persons under section 702 shall certify to Congress that the purpose of each targeting decision made in the prior year was not to target a known United States person.

"(4) Application.—The requirements under this subsection apply for any year to the extent that section 702 of the Foreign Intelligence Surveillance Act of 1978 was in effect during any portion of the previous year."

Minimum Accountability Standards

Pub. L. 118–49, §16(a)(2), Apr. 20, 2024, 138 Stat. 883, provided that: "Not later than 90 days after the date of the enactment of this Act [Apr. 20, 2024], the Director of the Federal Bureau of Investigation shall issue the minimum accountability standards required under subsection (f)(4) of section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a)."

Notification to Congress of Certain Unauthorized Disclosures

Pub. L. 118–49, §18(a), Apr. 20, 2024, 138 Stat. 884, provided that: "If the Director of National Intelligence becomes aware of an actual or potential significant unauthorized disclosure or compromise of information acquired under section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), as soon as practicable, but not later than 7 days after the date on which the Director becomes so aware, the Director shall notify the congressional intelligence committees of such actual or potential disclosure or compromise."

Requirement for Recertification

Pub. L. 118–49, §21, Apr. 20, 2024, 138 Stat. 892, provided that: "Notwithstanding any orders or authorizations issued or made under section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) during the period beginning on January 1, 2024 and ending on April 30, 2024, no later than 90 days after the date of enactment of this Act [Apr. 20, 2024], the Attorney General and the Director of National Intelligence shall be required to seek new orders consistent with the provisions of the Foreign Intelligence Surveillance Act of 1978 [50 U.S.C. 1801 et seq.], as amended by this Act, and thereafter to issue new authorizations consistent with such new orders."

Congressional Review and Oversight of Abouts Collection

Pub. L. 115–118, title I, §103(b), Jan. 19, 2018, 132 Stat. 10, which required the Attorney General and Director of National Intelligence to provide written notice to Congress of the intent to implement authorization of the intentional acquisition of abouts communication and provided for a 30-day congressional review period and exception for emergency acquisition, was repealed by Pub. L. 118–49, §22(b)(2)(A), Apr. 20, 2024, 138 Stat. 892.

¹ See References in Text note below.

§1881b. Certain acquisitions inside the United States targeting United States persons outside the United States

(a) Jurisdiction of the Foreign Intelligence Surveillance Court

(1) In general

The Foreign Intelligence Surveillance Court shall have jurisdiction to review an application and to enter an order approving the targeting of a United States person reasonably believed to be located outside the United States to acquire foreign intelligence information, if the acquisition constitutes electronic surveillance or the acquisition of stored electronic communications or stored electronic data that requires an order under this chapter, and such acquisition is conducted within the United States.

(2) Limitation

If a United States person targeted under this subsection is reasonably believed to be located in the United States during the effective period of an order issued pursuant to subsection (c), an acquisition targeting such United States person under this section shall cease unless the targeted United States person is again reasonably believed to be located outside the United States while an order issued pursuant to subsection (c) is in effect. Nothing in this section shall be construed to limit the authority of the Government to seek an order or authorization under, or otherwise engage in any activity that is authorized under, any other subchapter of this chapter.

(b) Application

(1) In general

Each application for an order under this section shall be made by a Federal officer in writing upon oath or affirmation to a judge having jurisdiction under subsection (a)(1). Each application shall require the approval of the Attorney General based upon the Attorney General's finding that it satisfies the criteria and requirements of such application, as set forth in this section, and shall include—

(A) the identity of the Federal officer making the application;

(B) the identity, if known, or a description of the United States person who is the target of the acquisition;

(C) a sworn statement of the facts and circumstances relied upon to justify the applicant's belief that the United States person who is the target of the acquisition is—

(i) a person reasonably believed to be located outside the United States; and

(ii) a foreign power, an agent of a foreign power, or an officer or employee of a foreign power;

(D) a statement of proposed minimization procedures that meet the definition of minimization procedures under section 1801(h) or 1821(4) of this title, as appropriate;

(E) a description of the nature of the information sought and the type of communications or activities to be subjected to acquisition;

(F) a certification made by the Attorney General or an official specified in section 1804(a)(6) of this title that—

(i) the certifying official deems the information sought to be foreign intelligence information;

(ii) a significant purpose of the acquisition is to obtain foreign intelligence information;

(iii) such information cannot reasonably be obtained by normal investigative techniques;

(iv) designates the type of foreign intelligence information being sought according to the categories described in section 1801(e) of this title; and

(v) includes a statement of the basis for the certification that—

(I) the information sought is the type of foreign intelligence information designated; and

(II) such information cannot reasonably be obtained by normal investigative techniques;

(G) a summary statement of the means by which the acquisition will be conducted and whether physical entry is required to effect the acquisition;

(H) the identity of any electronic communication service provider necessary to effect the acquisition, provided that the application is not required to identify the specific facilities, places, premises, or property at which the acquisition authorized under this section will be directed or conducted;

(I) a statement of the facts concerning any previous applications that have been made to any judge of the Foreign Intelligence Surveillance Court involving the United States person specified in the application and the action taken on each previous application;

(J) a statement of the period of time for which the acquisition is required to be maintained, provided that such period of time shall not exceed 90 days per application;

(K) a certification by the applicant that, to the best knowledge of the applicant, the Attorney General or a designated attorney for the Government has been apprised of all information that might reasonably—

(i) call into question the accuracy of the application or the reasonableness of any assessment in the application conducted by the department or agency on whose behalf the application is made; or

(ii) otherwise raise doubts with respect to the findings required under subsection (c); and

(L) non-cumulative information known to the applicant or declarant that is potentially exculpatory regarding the requested legal findings or any assessment in the application.

(2) Other requirements of the Attorney General

The Attorney General may require any other affidavit or certification from any other officer in connection with the application.

(3) Other requirements of the judge

The judge may require the applicant to furnish such other information as may be necessary to make the findings required by subsection (c)(1).

(c) Order

(1) Findings

Upon an application made pursuant to subsection (b), the Foreign Intelligence Surveillance Court shall enter an ex parte order as requested or as modified by the Court approving the acquisition if the Court finds that—

(A) the application has been made by a Federal officer and approved by the Attorney General;

(B) on the basis of the facts submitted by the applicant, for the United States person who is the target of the acquisition, there is probable cause to believe that the target is—

(i) a person reasonably believed to be located outside the United States; and

(ii) a foreign power, an agent of a foreign power, or an officer or employee of a foreign power;

(C) the proposed minimization procedures meet the definition of minimization procedures under section 1801(h) or 1821(4) of this title, as appropriate; and

(D) the application that has been filed contains all statements and certifications required by subsection (b) and the certification or certifications are not clearly erroneous on the basis of the statement made under subsection (b)(1)(F)(v) and any other information furnished under subsection (b)(3).

(2) Probable cause

In determining whether or not probable cause exists for purposes of paragraph (1)(B), a judge having jurisdiction under subsection (a)(1) may consider past activities of the target and facts and circumstances relating to current or future activities of the target. No United States person may be considered a foreign power, agent of a foreign power, or officer or employee of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States.

(3) Review

(A) Limitation on review

Review by a judge having jurisdiction under subsection (a)(1) shall be limited to that required to make the findings described in paragraph (1).

(B) Review of probable cause

If the judge determines that the facts submitted under subsection (b) are insufficient to establish probable cause under paragraph (1)(B), the judge shall enter an order so stating and provide a written statement for the record of the reasons for the determination. The Government may appeal an order under this subparagraph pursuant to subsection (f).

(C) Review of minimization procedures

If the judge determines that the proposed minimization procedures referred to in paragraph (1)(C) do not meet the definition of minimization procedures under section 1801(h) or 1821(4) of this title, as appropriate, the judge shall enter an order so stating and provide a written statement for the record of the reasons for the determination. The Government may appeal an order under this subparagraph pursuant to subsection (f).

(D) Review of certification

If the judge determines that an application pursuant to subsection (b) does not contain all of the required elements, or that the certification or certifications are clearly erroneous on the basis of the statement made under subsection (b)(1)(F)(v) and any other information furnished under subsection (b)(3), the judge shall enter an order so stating and provide a written statement for the record of the reasons for the determination. The Government may appeal an order under this subparagraph pursuant to subsection (f).

(4) Specifications

An order approving an acquisition under this subsection shall specify—

(A) the identity, if known, or a description of the United States person who is the target of the acquisition identified or described in the application pursuant to subsection (b)(1)(B);

(B) if provided in the application pursuant to subsection (b)(1)(H), the nature and location of each of the facilities or places at which the acquisition will be directed;

(C) the nature of the information sought to be acquired and the type of communications or activities to be subjected to acquisition;

(D) a summary of the means by which the acquisition will be conducted and whether physical entry is required to effect the acquisition; and

(E) the period of time during which the acquisition is approved.

(5) Directives

An order approving an acquisition under this subsection shall direct—

(A) that the minimization procedures referred to in paragraph (1)(C), as approved or modified by the Court, be followed;

(B) if applicable, an electronic communication service provider to provide to the Government forthwith all information, facilities, or assistance necessary to accomplish the acquisition authorized under such order in a manner that will protect the secrecy of the acquisition and produce a minimum of interference with the services that such electronic communication service provider is providing to the target of the acquisition;

(C) if applicable, an electronic communication service provider to maintain under security procedures approved by the Attorney General any records concerning the acquisition or the aid furnished that such electronic communication service provider wishes to maintain; and

(D) if applicable, that the Government compensate, at the prevailing rate, such electronic communication service provider for providing such information, facilities, or assistance.

(6) Duration

An order approved under this subsection shall be effective for a period not to exceed 90 days and such order may be renewed for additional 90-day periods upon submission of renewal applications meeting the requirements of subsection (b).

(7) Compliance

At or prior to the end of the period of time for which an acquisition is approved by an order or extension under this section, the judge may assess compliance with the minimization procedures referred to in paragraph (1)(C) by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated.

(d) Emergency authorization

(1) Authority for emergency authorization

Notwithstanding any other provision of this chapter, if the Attorney General reasonably determines that—

(A) an emergency situation exists with respect to the acquisition of foreign intelligence information for which an order may be obtained under subsection (c) before an order authorizing such acquisition can with due diligence be obtained, and

(B) the factual basis for issuance of an order under this subsection to approve such acquisition exists,

the Attorney General may authorize such acquisition if a judge having jurisdiction under subsection (a)(1) is informed by the Attorney General, or a designee of the Attorney General, at the time of such authorization that the decision has been made to conduct such acquisition and if an application in accordance with this section is made to a judge of the Foreign Intelligence Surveillance Court as soon as practicable, but not more than 7 days after the Attorney General authorizes such acquisition.

(2) Minimization procedures

If the Attorney General authorizes an acquisition under paragraph (1), the Attorney General shall require that the minimization procedures referred to in subsection (c)(1)(C) for the issuance of a judicial order be followed.

(3) Termination of emergency authorization

In the absence of a judicial order approving an acquisition under paragraph (1), such acquisition shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 7 days from the time of authorization by the Attorney General, whichever is earliest.

(4) Use of information

If an application for approval submitted pursuant to paragraph (1) is denied, or in any other case where the acquisition is terminated and no order is issued approving the acquisition, no information obtained or evidence derived from such acquisition, except under circumstances in which the target of the acquisition is determined not to be a United States person, shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such acquisition shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.

(e) Release from liability

No cause of action shall lie in any court against any electronic communication service provider for providing any information, facilities, or assistance in accordance with an order or request for emergency assistance issued pursuant to subsection (c) or (d), respectively.

(f) Appeal

(1) Appeal to the Foreign Intelligence Surveillance Court of Review

The Government may file a petition with the Foreign Intelligence Surveillance Court of Review for review of an order issued pursuant to subsection (c). The Court of Review shall have jurisdiction to consider such petition and shall provide a written statement for the record of the reasons for a decision under this paragraph.

(2) Certiorari to the Supreme Court

The Government may file a petition for a writ of certiorari for review of a decision of the Court of Review issued under paragraph (1). The record for such review shall be transmitted under seal to the Supreme Court of the United States, which shall have jurisdiction to review such decision.

(g) Construction

Except as provided in this section, nothing in this chapter shall be construed to require an application for a court order for an acquisition that is targeted in accordance with this section at a United States person reasonably believed to be located outside the United States.

(Pub. L. 95–511, title VII, §703, as added Pub. L. 110–261, title I, §101(a)(2), July 10, 2008, 122 Stat. 2448; amended Pub. L. 118–49, §§6(a)(3), 10(a)(5)(A), (b)(5)(A), Apr. 20, 2024, 138 Stat. 870, 876, 878.)

Repeal of Section

Pub. L. 110–261, title IV, §403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, §2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, §201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, §7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, §19(a)(1), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a note under section 1801 of this title, effective two years after Apr. 20, 2024, this section is repealed.

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a), (d)(1), and (g), was in the original "this Act", meaning Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

Amendments

2024—Subsec. (b)(1)(C). Pub. L. 118–49, §6(a)(3), substituted "a sworn statement of" for "a statement of" in introductory provisions.

Subsec. (b)(1)(K). Pub. L. 118–49, §10(a)(5)(A), added subpar. (K).

Subsec. (b)(1)(L). Pub. L. 118–49, §10(b)(5)(A), added subpar. (L).

Statutory Notes and Related Subsidiaries

Effective Date of 2024 Amendment

Amendment by section 6(a)(3) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 6(a)(5) of Pub. L. 118–49, set out as a note under section 1804 of this title.

Amendment by section 10(a)(5)(A) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 10(a)(6) of Pub. L. 118–49, set out as a note under section 1804 of this title.

Amendment by section 10(b)(5)(A) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 10(b)(6) of Pub. L. 118–49, set out as a note under section 1804 of this title.

Effective Date of Repeal

Pub. L. 110–261, title IV, §403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, §2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, §201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, §7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, §19(a)(1), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, the repeals made by section 403(b)(1) are effective two years after Apr. 20, 2024.

§1881c. Other acquisitions targeting United States persons outside the United States

(a) Jurisdiction and scope

(1) Jurisdiction

The Foreign Intelligence Surveillance Court shall have jurisdiction to enter an order pursuant to subsection (c).

(2) Scope

No element of the intelligence community may intentionally target, for the purpose of acquiring foreign intelligence information, a United States person reasonably believed to be located outside the United States under circumstances in which the targeted United States person has a reasonable expectation of privacy and a warrant would be required if the acquisition were conducted inside the United States for law enforcement purposes, unless a judge of the Foreign Intelligence Surveillance Court has entered an order with respect to such targeted United States person or the Attorney General has authorized an emergency acquisition pursuant to subsection (c) or (d), respectively, or any other provision of this chapter.

(3) Limitations

(A) Moving or misidentified targets

If a United States person targeted under this subsection is reasonably believed to be located in the United States during the effective period of an order issued pursuant to subsection (c), an acquisition targeting such United States person under this section shall cease unless the targeted United States person is again reasonably believed to be located outside the United States during the effective period of such order.

(B) Applicability

If an acquisition for foreign intelligence purposes is to be conducted inside the United States and could be authorized under section 1881b of this title, the acquisition may only be conducted if authorized under section 1881b of this title or in accordance with another provision of this chapter other than this section.

(C) Construction

Nothing in this paragraph shall be construed to limit the authority of the Government to seek an order or authorization under, or otherwise engage in any activity that is authorized under, any other subchapter of this chapter.

(b) Application

Each application for an order under this section shall be made by a Federal officer in writing upon oath or affirmation to a judge having jurisdiction under subsection (a)(1). Each application shall require the approval of the Attorney General based upon the Attorney General's finding that it satisfies the criteria and requirements of such application as set forth in this section and shall include—

(1) the identity of the Federal officer making the application;

(2) the identity, if known, or a description of the specific United States person who is the target of the acquisition;

(3) a sworn statement of the facts and circumstances relied upon to justify the applicant's belief that the United States person who is the target of the acquisition is—

(A) a person reasonably believed to be located outside the United States; and

(B) a foreign power, an agent of a foreign power, or an officer or employee of a foreign power;

(4) a statement of proposed minimization procedures that meet the definition of minimization procedures under section 1801(h) or 1821(4) of this title, as appropriate;

(5) a certification made by the Attorney General, an official specified in section 1804(a)(6) of this title, or the head of an element of the intelligence community that—

(A) the certifying official deems the information sought to be foreign intelligence information; and

(B) a significant purpose of the acquisition is to obtain foreign intelligence information;

(6) a statement of the facts concerning any previous applications that have been made to any judge of the Foreign Intelligence Surveillance Court involving the United States person specified in the application and the action taken on each previous application;

(7) a statement of the period of time for which the acquisition is required to be maintained, provided that such period of time shall not exceed 90 days per application;

(8) a certification by the applicant that, to the best knowledge of the applicant, the Attorney General or a designated attorney for the Government has been apprised of all information that might reasonably—

(A) call into question the accuracy of the application or the reasonableness of any assessment in the application conducted by the department or agency on whose behalf the application is made; or

(B) otherwise raise doubts with respect to the findings required under subsection (c); and

(9) non-cumulative information known to the applicant or declarant that is potentially exculpatory regarding the requested legal findings or any assessment in the application.

(c) Order

(1) Findings

Upon an application made pursuant to subsection (b), the Foreign Intelligence Surveillance Court shall enter an ex parte order as requested or as modified by the Court if the Court finds that—

(A) the application has been made by a Federal officer and approved by the Attorney General;

(B) on the basis of the facts submitted by the applicant, for the United States person who is the target of the acquisition, there is probable cause to believe that the target is—

(i) a person reasonably believed to be located outside the United States; and

(ii) a foreign power, an agent of a foreign power, or an officer or employee of a foreign power;

(C) the proposed minimization procedures, with respect to their dissemination provisions, meet the definition of minimization procedures under section 1801(h) or 1821(4) of this title, as appropriate; and

(D) the application that has been filed contains all statements and certifications required by subsection (b) and the certification provided under subsection (b)(5) is not clearly erroneous on the basis of the information furnished under subsection (b).

(2) Probable cause

In determining whether or not probable cause exists for purposes of paragraph (1)(B), a judge having jurisdiction under subsection (a)(1) may consider past activities of the target and facts and circumstances relating to current or future activities of the target. No United States person may be considered a foreign power, agent of a foreign power, or officer or employee of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States.

(3) Review

(A) Limitations on review

Review by a judge having jurisdiction under subsection (a)(1) shall be limited to that required to make the findings described in paragraph (1). The judge shall not have jurisdiction to review the means by which an acquisition under this section may be conducted.

(B) Review of probable cause

If the judge determines that the facts submitted under subsection (b) are insufficient to establish probable cause to issue an order under this subsection, the judge shall enter an order so stating and provide a written statement for the record of the reasons for such determination. The Government may appeal an order under this subparagraph pursuant to subsection (e).

(C) Review of minimization procedures

If the judge determines that the minimization procedures applicable to dissemination of information obtained through an acquisition under this subsection do not meet the definition of minimization procedures under section 1801(h) or 1821(4) of this title, as appropriate, the judge shall enter an order so stating and provide a written statement for the record of the reasons for such determination. The Government may appeal an order under this subparagraph pursuant to subsection (e).

(D) Scope of review of certification

If the judge determines that an application under subsection (b) does not contain all the required elements, or that the certification provided under subsection (b)(5) is clearly erroneous on the basis of the information furnished under subsection (b), the judge shall enter an order so stating and provide a written statement for the record of the reasons for such determination. The Government may appeal an order under this subparagraph pursuant to subsection (e).

(4) Duration

An order under this paragraph shall be effective for a period not to exceed 90 days and such order may be renewed for additional 90-day periods upon submission of renewal applications meeting the requirements of subsection (b).

(5) Compliance

At or prior to the end of the period of time for which an order or extension is granted under this section, the judge may assess compliance with the minimization procedures referred to in paragraph (1)(C) by reviewing the circumstances under which information concerning United States persons was disseminated, provided that the judge may not inquire into the circumstances relating to the conduct of the acquisition.

(d) Emergency authorization

(1) Authority for emergency authorization

Notwithstanding any other provision of this section, if the Attorney General reasonably determines that—

(A) an emergency situation exists with respect to the acquisition of foreign intelligence information for which an order may be obtained under subsection (c) before an order under that subsection can, with due diligence, be obtained, and

(B) the factual basis for the issuance of an order under this section exists,

the Attorney General may authorize the emergency acquisition if a judge having jurisdiction under subsection (a)(1) is informed by the Attorney General or a designee of the Attorney General at the time of such authorization that the decision has been made to conduct such acquisition and if an application in accordance with this section is made to a judge of the Foreign Intelligence Surveillance Court as soon as practicable, but not more than 7 days after the Attorney General authorizes such acquisition.

(2) Minimization procedures

If the Attorney General authorizes an emergency acquisition under paragraph (1), the Attorney General shall require that the minimization procedures referred to in subsection (c)(1)(C) be followed.

(3) Termination of emergency authorization

In the absence of an order under subsection (c), an emergency acquisition under paragraph (1) shall terminate when the information sought is obtained, if the application for the order is denied, or after the expiration of 7 days from the time of authorization by the Attorney General, whichever is earliest.

(4) Use of information

If an application submitted to the Court pursuant to paragraph (1) is denied, or in any other case where the acquisition is terminated and no order with respect to the target of the acquisition is issued under subsection (c), no information obtained or evidence derived from such acquisition, except under circumstances in which the target of the acquisition is determined not to be a United States person, shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such acquisition shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.

(e) Appeal

(1) Appeal to the Court of Review

The Government may file a petition with the Foreign Intelligence Surveillance Court of Review for review of an order issued pursuant to subsection (c). The Court of Review shall have jurisdiction to consider such petition and shall provide a written statement for the record of the reasons for a decision under this paragraph.

(2) Certiorari to the Supreme Court

The Government may file a petition for a writ of certiorari for review of a decision of the Court of Review issued under paragraph (1). The record for such review shall be transmitted under seal to the Supreme Court of the United States, which shall have jurisdiction to review such decision.

(Pub. L. 95–511, title VII, §704, as added Pub. L. 110–261, title I, §101(a)(2), July 10, 2008, 122 Stat. 2453; amended Pub. L. 118–49, §§6(a)(4), 10(a)(5)(B), (b)(5)(B), Apr. 20, 2024, 138 Stat. 870, 876, 878.)

Repeal of Section

Pub. L. 110–261, title IV, §403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, §2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, §201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, §7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, §19(a)(1), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a note under section 1801 of this title, effective two years after Apr. 20, 2024, this section is repealed.

Editorial Notes

References in Text

This chapter, referred to in subsec. (a)(2), (3)(B), (C), was in the original "this Act", meaning Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

Amendments

2024—Subsec. (b)(3). Pub. L. 118–49, §6(a)(4), substituted "a sworn statement of" for "a statement of" in introductory provisions.

Subsec. (b)(8). Pub. L. 118–49, §10(a)(5)(B), added par. (8).

Subsec. (b)(9). Pub. L. 118–49, §10(b)(5)(B), added par. (9).

Statutory Notes and Related Subsidiaries

Effective Date of 2024 Amendment

Amendment by section 6(a)(4) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 6(a)(5) of Pub. L. 118–49, set out as a note under section 1804 of this title.

Amendment by section 10(a)(5)(B) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 10(a)(6) of Pub. L. 118–49, set out as a note under section 1804 of this title.

Amendment by section 10(b)(5)(B) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 10(b)(6) of Pub. L. 118–49, set out as a note under section 1804 of this title.

Effective Date of Repeal

Pub. L. 110–261, title IV, §403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, §2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, §201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, §7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, §19(a)(1), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, the repeals made by section 403(b)(1) are effective two years after Apr. 20, 2024.

§1881d. Joint applications and concurrent authorizations

(a) Joint applications and orders

If an acquisition targeting a United States person under section 1881b or 1881c of this title is proposed to be conducted both inside and outside the United States, a judge having jurisdiction under section 1881b(a)(1) or 1881c(a)(1) of this title may issue simultaneously, upon the request of the Government in a joint application complying with the requirements of sections 1881b(b) and 1881c(b) of this title, orders under sections 1881b(c) and 1881c(c) of this title, as appropriate.

(b) Concurrent authorization

If an order authorizing electronic surveillance or physical search has been obtained under section 1805 or 1824 of this title, the Attorney General may authorize, for the effective period of that order, without an order under section 1881b or 1881c of this title, the targeting of that United States person for the purpose of acquiring foreign intelligence information while such person is reasonably believed to be located outside the United States.

(c) Emergency authorization

(1) Concurrent authorization

If the Attorney General authorized the emergency employment of electronic surveillance or a physical search pursuant to section 1805 or 1824 of this title, the Attorney General may authorize, for the effective period of the emergency authorization and subsequent order pursuant to section 1805 or 1824 of this title, without a separate order under section 1881b or 1881c of this title, the targeting of a United States person subject to such emergency employment for the purpose of acquiring foreign intelligence information while such United States person is reasonably believed to be located outside the United States.

(2) Use of information

If an application submitted to the Court pursuant to section 1804 or 1823 of this title is denied, or in any other case in which the acquisition pursuant to paragraph (1) is terminated and no order with respect to the target of the acquisition is issued under section 1805 or 1824 of this title, all information obtained or evidence derived from such acquisition shall be handled in accordance with section 1881c(d)(4) of this title.

(Pub. L. 95–511, title VII, §705, as added Pub. L. 110–261, title I, §101(a)(2), July 10, 2008, 122 Stat. 2457; amended Pub. L. 115–118, title I, §105, Jan. 19, 2018, 132 Stat. 13.)

Repeal of Section

Pub. L. 110–261, title IV, §403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, §2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, §201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, §7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, §19(a)(1), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a note under section 1801 of this title, effective two years after Apr. 20, 2024, this section is repealed.

Editorial Notes

Amendments

2018—Subsec. (c). Pub. L. 115–118 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 110–261, title IV, §403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, §2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, §201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, §7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, §19(a)(1), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, the repeals made by section 403(b)(1) are effective two years after Apr. 20, 2024.

§1881e. Use of information acquired under this subchapter

(a) Information acquired under section 1881a

(1) In general

Information acquired from an acquisition conducted under section 1881a of this title shall be deemed to be information acquired from an electronic surveillance pursuant to subchapter I for purposes of section 1806 of this title, except for the purposes of subsection (j) of such section.

(2) United States persons

(A) In general

Any information concerning a United States person acquired under section 1881a of this title shall not be used in evidence against that United States person pursuant to paragraph (1) in any criminal proceeding unless—

(i) the Federal Bureau of Investigation obtained an order of the Foreign Intelligence Surveillance Court to access such information pursuant to section 1881a(f)(2) of this title; or

(ii) the Attorney General determines that—

(I) the criminal proceeding affects, involves, or is related to the national security of the United States; or

(II) the criminal proceeding involves—

(aa) death;

(bb) kidnapping;

(cc) serious bodily injury, as defined in section 1365 of title 18;

(dd) conduct that constitutes a criminal offense that is a specified offense against a minor, as defined in section 20911 of title 34;

(ee) incapacitation or destruction of critical infrastructure, as defined in section 5195c(e) of title 42;

(ff) cybersecurity, including conduct described in section 5195c(e) of title 42 or section 1029, 1030, or 2511 of title 18;

(gg) transnational crime, including transnational narcotics trafficking and transnational organized crime; or

(hh) human trafficking.

(B) No judicial review

A determination by the Attorney General under subparagraph (A)(ii) is not subject to judicial review.

(b) Information acquired under section 1881b

Information acquired from an acquisition conducted under section 1881b of this title shall be deemed to be information acquired from an electronic surveillance pursuant to subchapter I for purposes of section 1806 of this title.

(Pub. L. 95–511, title VII, §706, as added Pub. L. 110–261, title I, §101(a)(2), July 10, 2008, 122 Stat. 2457; amended Pub. L. 115–118, title I, §102(a), Jan. 19, 2018, 132 Stat. 8.)

Repeal of Section

Pub. L. 110–261, title IV, §403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, §2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, §201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, §7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, §19(a)(1), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a note under section 1801 of this title, effective two years after Apr. 20, 2024, this section is repealed.

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–118 designated existing provisions as par. (1), inserted par. heading, and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 110–261, title IV, §403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, §2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, §201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, §7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, §19(a)(1), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, the repeals made by section 403(b)(1) are effective two years after Apr. 20, 2024.

§1881f. Congressional oversight

(a) Semiannual report

Not less frequently than once every 6 months, the Attorney General shall fully inform, in a manner consistent with national security, the congressional intelligence committees and the Committees on the Judiciary of the Senate and the House of Representatives, consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution, concerning the implementation of this subchapter.

(b) Content

Each report under subsection (a) shall include—

(1) with respect to section 1881a of this title—

(A) any certifications submitted in accordance with section 1881a(h) of this title during the reporting period;

(B) with respect to each determination under section 1881a(c)(2) of this title, the reasons for exercising the authority under such section;

(C) any directives issued under section 1881a(i) of this title during the reporting period;

(D) a description of the judicial review during the reporting period of such certifications and targeting and minimization procedures adopted in accordance with subsections (d) and (e) of section 1881a of this title and utilized with respect to an acquisition under such section, including a copy of an order or pleading in connection with such review that contains a significant legal interpretation of the provisions of section 1881a of this title;

(E) any actions taken to challenge or enforce a directive under paragraph (4) or (5) of section 1881a(i) of this title;

(F) any compliance reviews conducted by the Attorney General or the Director of National Intelligence of acquisitions authorized under section 1881a(a) of this title;

(G) a description of any incidents of noncompliance—

(i) with a directive issued by the Attorney General and the Director of National Intelligence under section 1881a(i) of this title, including incidents of noncompliance by a specified person to whom the Attorney General and Director of National Intelligence issued a directive under section 1881a(i) of this title; and

(ii) by an element of the intelligence community with procedures and guidelines adopted in accordance with subsections (d), (e), (f)(1), and (g) of section 1881a of this title; and

(H) any procedures implementing section 1881a of this title;

(2) with respect to section 1881b of this title—

(A) the total number of applications made for orders under section 1881b(b) of this title;

(B) the total number of such orders—

(i) granted;

(ii) modified; and

(iii) denied; and

(C) the total number of emergency acquisitions authorized by the Attorney General under section 1881b(d) of this title and the total number of subsequent orders approving or denying such acquisitions; and

(3) with respect to section 1881c of this title—

(A) the total number of applications made for orders under section 1881c(b) of this title;

(B) the total number of such orders—

(i) granted;

(ii) modified; and

(iii) denied; and

(C) the total number of emergency acquisitions authorized by the Attorney General under section 1881c(d) of this title and the total number of subsequent orders approving or denying such applications.

(Pub. L. 95–511, title VII, §707, as added Pub. L. 110–261, title I, §101(a)(2), July 10, 2008, 122 Stat. 2457; amended Pub. L. 115–118, title I, §101(b)(2), Jan. 19, 2018, 132 Stat. 8.)

Repeal of Section

Pub. L. 110–261, title IV, §403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, §2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, §201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, §7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, §19(a)(1), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a note under section 1801 of this title, effective two years after Apr. 20, 2024, this section is repealed.

Editorial Notes

References in Text

Senate Resolution 400 of the 94th Congress, referred to in subsec. (a), was agreed to May 19, 1976, and was subsequently amended by both Senate resolution and public law. The Resolution, which established the Senate Select Committee on Intelligence, is not classified to the Code.

Amendments

2018—Subsec. (b)(1)(A). Pub. L. 115–118, §101(b)(2)(B), substituted "section 1881a(h) of this title" for "section 1881a(g) of this title".

Subsec. (b)(1)(C), (E). Pub. L. 115–118, §102(b)(2)(A), substituted "section 1881a(i) of this title" for "section 1881a(h) of this title".

Subsec. (b)(1)(G)(i). Pub. L. 115–118, §102(b)(2)(A), substituted "section 1881a(i) of this title" for "section 1881a(h) of this title" in two places.

Subsec. (b)(1)(G)(ii). Pub. L. 115–118, §101(b)(2)(C), substituted "subsections (d), (e), (f)(1), and (g)" for "subsections (d), (e), and (f)".

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 110–261, title IV, §403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, §2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, §201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, §7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, §19(a)(1), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, the repeals made by section 403(b)(1) are effective two years after Apr. 20, 2024.

§1881g. Savings provision

Nothing in this subchapter shall be construed to limit the authority of the Government to seek an order or authorization under, or otherwise engage in any activity that is authorized under, any other subchapter of this chapter.

(Pub. L. 95–511, title VII, §708, as added Pub. L. 110–261, title I, §101(a)(2), July 10, 2008, 122 Stat. 2458.)

Repeal of Section

Pub. L. 110–261, title IV, §403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, §2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, §201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, §7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, §19(a)(1), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a note under section 1801 of this title, effective two years after Apr. 20, 2024, this section is repealed.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 110–261, title IV, §403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, §2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, §201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, §7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, §19(a)(1), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, the repeals made by section 403(b)(1) are effective two years after Apr. 20, 2024.

§1881h. Penalties for unauthorized disclosure

(a) Offense

A person is guilty of an offense under this section if that person knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information that contains the contents of any communication acquired under this subchapter to which a known United States person is a party.

(b) Penalty

A person guilty of an offense in this section shall be fined under title 18, imprisoned for not more than 8 years, or both.

(c) Jurisdiction

There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed.

(Pub. L. 95–511, title VII, §709, as added Pub. L. 118–49, §13(c), Apr. 20, 2024, 138 Stat. 882.)

Repeal of Section

Pub. L. 110–261, title IV, §403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, §2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, §201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, §7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, §19(a)(1), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a note under section 1801 of this title, effective two years after Apr. 20, 2024, this section is repealed.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 110–261, title IV, §403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, §2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, §201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, §7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, §19(a)(1), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, the repeals made by section 403(b)(1) are effective two years after Apr. 20, 2024.

SUBCHAPTER VII—PROTECTION OF PERSONS ASSISTING THE GOVERNMENT

§1885. Definitions

In this subchapter:

(1) Assistance

The term "assistance" means the provision of, or the provision of access to, information (including communication contents, communications records, or other information relating to a customer or communication), facilities, or another form of assistance.

(2) Civil action

The term "civil action" includes a covered civil action.

(3) Congressional intelligence committees

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.

(4) Contents

The term "contents" has the meaning given that term in section 1801(n) of this title.

(5) Covered civil action

The term "covered civil action" means a civil action filed in a Federal or State court that—

(A) alleges that an electronic communication service provider furnished assistance to an element of the intelligence community; and

(B) seeks monetary or other relief from the electronic communication service provider related to the provision of such assistance.

(6) Electronic communication service provider

The term "electronic communication service provider" means—

(A) a telecommunications carrier, as that term is defined in section 153 of title 47;

(B) a provider of electronic communication service, as that term is defined in section 2510 of title 18;

(C) a provider of a remote computing service, as that term is defined in section 2711 of title 18;

(D) any other communication service provider who has access to wire or electronic communications either as such communications are transmitted or as such communications are stored;

(E) any other service provider who has access to equipment that is being or may be used to transmit or store wire or electronic communications, but not including any entity that serves primarily as—

(i) a public accommodation facility, as that term is defined in section 1861(4) of this title;

(ii) a dwelling, as that term is defined in section 3602 of title 42;

(iii) a community facility, as that term is defined in section 1592n of title 42; or

(iv) a food service establishment, as that term is defined in section 1638 of title 7;

(F) a parent, subsidiary, affiliate, successor, or assignee of an entity described in subparagraph (A), (B), (C), or (D);

(G) an officer, employee, custodian, or agent of an entity described in subparagraph (A), (B), (C), (D), (E), or (F).

(7) Intelligence community

The term "intelligence community" has the meaning given the term in section 3003(4) of this title.

(8) Person

The term "person" means—

(A) an electronic communication service provider; or

(B) a landlord, custodian, or other person who may be authorized or required to furnish assistance pursuant to—

(i) an order of the court established under section 1803(a) of this title directing such assistance;

(ii) a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18; or

(iii) a directive under section 1802(a)(4), 1805b(e), as added by section 2 of the Protect America Act of 2007 (Public Law 110–55), or 1881a(i) of this title.

(9) State

The term "State" means any State, political subdivision of a State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States, and includes any officer, public utility commission, or other body authorized to regulate an electronic communication service provider.

(Pub. L. 95–511, title VIII, §801, as added Pub. L. 110–261, title II, §201, July 10, 2008, 122 Stat. 2467; amended Pub. L. 115–118, title I, §101(b)(2)(A), title II, §205(a)(7), Jan. 19, 2018, 132 Stat. 8, 21; Pub. L. 118–49, §25(b), Apr. 20, 2024, 138 Stat. 893.)

Editorial Notes

References in Text

Section 1805b of this title, referred to in par. (8)(B)(iii), was repealed by Pub. L. 110–261, title IV, §403(a)(1)(A), July 10, 2008, 122 Stat. 2473.

Amendments

2024—Par. (6)(E). Pub. L. 118–49, §25(b)(3), added subpar. (E). Former subpar. (E) redesignated (F).

Par. (6)(F). Pub. L. 118–49, §25(b)(1), (2), redesignated subpar. (E) as (F) and struck out "or" at end. Former subpar. (F) redesignated (G).

Par. (6)(G). Pub. L. 118–49, §25(b)(1), (4), redesignated subpar. (F) as (G), inserted "custodian," after "employee,", and substituted "(D), (E), or (F)" for "(D), or (E)".

2018—Par. (7). Pub. L. 115–118, §205(a)(7), made technical amendment to reference in original act which appears in text as reference to section 3003(4) of this title.

Par. (8)(B)(iii). Pub. L. 115–118, §101(b)(2)(A), which directed substitution of "section 1881a(i) of this title" for "section 1881a(h) of this title", was executed by substituting "1881a(i) of this title" for "1881a(h) of this title" to reflect the probable intent of Congress.

§1885a. Procedures for implementing statutory defenses

(a) Requirement for certification

Notwithstanding any other provision of law, a civil action may not lie or be maintained in a Federal or State court against any person for providing assistance to an element of the intelligence community, and shall be promptly dismissed, if the Attorney General certifies to the district court of the United States in which such action is pending that—

(1) any assistance by that person was provided pursuant to an order of the court established under section 1803(a) of this title directing such assistance;

(2) any assistance by that person was provided pursuant to a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18;

(3) any assistance by that person was provided pursuant to a directive under section 1802(a)(4), 1805b(e), as added by section 2 of the Protect America Act of 2007 (Public Law 110–55), or 1881a(i) of this title directing such assistance;

(4) in the case of a covered civil action, the assistance alleged to have been provided by the electronic communication service provider was—

(A) in connection with an intelligence activity involving communications that was—

(i) authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007; and

(ii) designed to detect or prevent a terrorist attack, or activities in preparation for a terrorist attack, against the United States; and

(B) the subject of a written request or directive, or a series of written requests or directives, from the Attorney General or the head of an element of the intelligence community (or the deputy of such person) to the electronic communication service provider indicating that the activity was—

(i) authorized by the President; and

(ii) determined to be lawful; or

(5) the person did not provide the alleged assistance.

(b) Judicial review

(1) Review of certifications

A certification under subsection (a) shall be given effect unless the court finds that such certification is not supported by substantial evidence provided to the court pursuant to this section.

(2) Supplemental materials

In its review of a certification under subsection (a), the court may examine the court order, certification, written request, or directive described in subsection (a) and any relevant court order, certification, written request, or directive submitted pursuant to subsection (d).

(c) Limitations on disclosure

If the Attorney General files a declaration under section 1746 of title 28 that disclosure of a certification made pursuant to subsection (a) or the supplemental materials provided pursuant to subsection (b) or (d) would harm the national security of the United States, the court shall—

(1) review such certification and the supplemental materials in camera and ex parte; and

(2) limit any public disclosure concerning such certification and the supplemental materials, including any public order following such in camera and ex parte review, to a statement as to whether the case is dismissed and a description of the legal standards that govern the order, without disclosing the paragraph of subsection (a) that is the basis for the certification.

(d) Role of the parties

Any plaintiff or defendant in a civil action may submit any relevant court order, certification, written request, or directive to the district court referred to in subsection (a) for review and shall be permitted to participate in the briefing or argument of any legal issue in a judicial proceeding conducted pursuant to this section, but only to the extent that such participation does not require the disclosure of classified information to such party. To the extent that classified information is relevant to the proceeding or would be revealed in the determination of an issue, the court shall review such information in camera and ex parte, and shall issue any part of the court's written order that would reveal classified information in camera and ex parte and maintain such part under seal.

(e) Nondelegation

The authority and duties of the Attorney General under this section shall be performed by the Attorney General (or Acting Attorney General) or the Deputy Attorney General.

(f) Appeal

The courts of appeals shall have jurisdiction of appeals from interlocutory orders of the district courts of the United States granting or denying a motion to dismiss or for summary judgment under this section.

(g) Removal

A civil action against a person for providing assistance to an element of the intelligence community that is brought in a State court shall be deemed to arise under the Constitution and laws of the United States and shall be removable under section 1441 of title 28.

(h) Relationship to other laws

Nothing in this section shall be construed to limit any otherwise available immunity, privilege, or defense under any other provision of law.

(i) Applicability

This section shall apply to a civil action pending on or filed after July 10, 2008.

(Pub. L. 95–511, title VIII, §802, as added Pub. L. 110–261, title II, §201, July 10, 2008, 122 Stat. 2468; amended Pub. L. 115–118, title I, §101(b)(2)(A), Jan. 19, 2018, 132 Stat. 8.)

Editorial Notes

References in Text

Section 1805b of this title, referred to in subsec. (a)(3), was repealed by Pub. L. 110–261, title IV, §403(a)(1)(A), July 10, 2008, 122 Stat. 2473.

Amendments

2018—Subsec. (a)(3). Pub. L. 115–118, which directed substitution of "section 1881a(i) of this title" for "section 1881a(h) of this title", was executed by substituting "1881a(i) of this title" for "1881a(h) of this title" to reflect the probable intent of Congress.

§1885b. Preemption

(a) In general

No State shall have authority to—

(1) conduct an investigation into an electronic communication service provider's alleged assistance to an element of the intelligence community;

(2) require through regulation or any other means the disclosure of information about an electronic communication service provider's alleged assistance to an element of the intelligence community;

(3) impose any administrative sanction on an electronic communication service provider for assistance to an element of the intelligence community; or

(4) commence or maintain a civil action or other proceeding to enforce a requirement that an electronic communication service provider disclose information concerning alleged assistance to an element of the intelligence community.

(b) Suits by the United States

The United States may bring suit to enforce the provisions of this section.

(c) Jurisdiction

The district courts of the United States shall have jurisdiction over any civil action brought by the United States to enforce the provisions of this section.

(d) Application

This section shall apply to any investigation, action, or proceeding that is pending on or commenced after July 10, 2008.

(Pub. L. 95–511, title VIII, §803, as added Pub. L. 110–261, title II, §201, July 10, 2008, 122 Stat. 2470.)

§1885c. Reporting

(a) Semiannual report

Not less frequently than once every 6 months, the Attorney General shall, in a manner consistent with national security, the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution, fully inform the congressional intelligence committees, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives concerning the implementation of this subchapter.

(b) Content

Each report made under subsection (a) shall include—

(1) any certifications made under section 1885a of this title;

(2) a description of the judicial review of the certifications made under section 1885a of this title; and

(3) any actions taken to enforce the provisions of section 1885b of this title.

(Pub. L. 95–511, title VIII, §804, as added Pub. L. 110–261, title II, §201, July 10, 2008, 122 Stat. 2470.)

CHAPTER 37—NATIONAL SECURITY SCHOLARSHIPS, FELLOWSHIPS, AND GRANTS

        

§1901. Short title, findings, and purposes

(a) Short title

This chapter may be cited as the "David L. Boren National Security Education Act of 1991".

(b) Findings

The Congress makes the following findings:

(1) The security of the United States is and will continue to depend on the ability of the United States to exercise international leadership.

(2) The ability of the United States to exercise international leadership is, and will increasingly continue to be, based on the political and economic strength of the United States, as well as on United States military strength around the world.

(3) Recent changes in the world pose threats of a new kind to international stability as Cold War tensions continue to decline while economic competition, regional conflicts, terrorist activities, and weapon proliferations have dramatically increased.

(4) The future national security and economic well-being of the United States will depend substantially on the ability of its citizens to communicate and compete by knowing the languages and cultures of other countries.

(5) The Federal Government has an interest in ensuring that the employees of its departments and agencies with national security responsibilities are prepared to meet the challenges of this changing international environment.

(6) The Federal Government also has an interest in taking actions to alleviate the problem of American undergraduate and graduate students being inadequately prepared to meet the challenges posed by increasing global interaction among nations.

(7) American colleges and universities must place a new emphasis on improving the teaching of foreign languages, area studies, counterproliferation studies, and other international fields to help meet those challenges.

(c) Purposes

The purposes of this chapter are as follows:

(1) To provide the necessary resources, accountability, and flexibility to meet the national security education needs of the United States, especially as such needs change over time.

(2) To increase the quantity, diversity, and quality of the teaching and learning of subjects in the fields of foreign languages, area studies, counterproliferation studies, and other international fields that are critical to the Nation's interest.

(3) To produce an increased pool of applicants for work in the departments and agencies of the United States Government with national security responsibilities.

(4) To expand, in conjunction with other Federal programs, the international experience, knowledge base, and perspectives on which the United States citizenry, Government employees, and leaders rely.

(5) To permit the Federal Government to advocate the cause of international education.

(Pub. L. 102–183, title VIII, §801, Dec. 4, 1991, 105 Stat. 1271; Pub. L. 102–496, title IV, §404(a), Oct. 24, 1992, 106 Stat. 3185; Pub. L. 105–272, title III, §305(a)(1), Oct. 20, 1998, 112 Stat. 2400.)

Editorial Notes

Amendments

1998—Subsecs. (b)(7), (c)(2). Pub. L. 105–272 inserted "counterproliferation studies," after "area studies,".

1992—Subsec. (a). Pub. L. 102–496 amended subsec. (a) generally, inserting "David L. Boren".

§1902. Scholarship, fellowship, and grant program

(a) Program required

(1) In general

The Secretary of Defense shall carry out a program for—

(A) awarding scholarships to undergraduate students who—

(i) are United States citizens in order to enable such students to study, for at least one academic semester or equivalent term, in foreign countries that are critical countries (as determined under section 1903(d)(4)(A) of this title) in those languages and study areas where deficiencies exist (as identified in the assessments undertaken pursuant to section 1906(d) of this title); and

(ii) pursuant to subsection (b)(2)(A), enter into an agreement to work in a national security position or work in the field of higher education in the area of study for which the scholarship was awarded;

(B) awarding fellowships to graduate students who—

(i) are United States citizens to enable such students to pursue education as part of a graduate degree program of a United States institution of higher education in the disciplines of foreign languages, area studies, counterproliferation studies, and other international fields relating to the national security interests of the United States that are critical areas of those disciplines (as determined under section 1903(d)(4)(B) of this title) and in which deficiencies exist (as identified in the assessments undertaken pursuant to section 1906(d) of this title); and

(ii) pursuant to subsection (b)(2)(B), enter into an agreement to work in a national security position or work in the field of education in the area of study for which the fellowship was awarded;

(C) awarding grants to institutions of higher education to enable such institutions to establish, operate, or improve programs in foreign languages, area studies, counterproliferation studies, and other international fields that are critical areas of those disciplines (as determined under section 1903(d)(4)(C) of this title);

(D) awarding grants to institutions of higher education to carry out activities under the National Flagship Language Initiative (described in subsection (i)); and

(E) awarding scholarships to students who—

(i) are United States citizens who—

(I) are native speakers (referred to as "heritage community citizens") of a foreign language that is identified as critical to the national security interests of the United States who should be actively recruited for employment by Federal security agencies with a need for linguists; and

(II) are not proficient at a professional level in the English language with respect to reading, writing, and other skills required to carry out the national security interests of the United States, as determined by the Secretary,

 to enable such students to pursue English language studies at an institution of higher education of the United States to attain proficiency in those skills; and

(ii) enter into an agreement to work in a position in a similar manner (as determined by the Secretary) as agreements entered into pursuant to subsection (b)(2)(A).

(2) Funding allocations

Of the amount available for obligation out of the National Security Education Trust Fund or from a transfer under section 1910(c) of this title for any fiscal year for the purposes stated in paragraph (1), the Secretary shall have a goal of allocating—

(A) 1/3 of such amount for the awarding of scholarships pursuant to paragraph (1)(A);

(B) 1/3 of such amount for the awarding of fellowships pursuant to paragraph (1)(B); and

(C) 1/3 of such amount for the awarding of grants pursuant to paragraph (1)(C).

The funding allocation under this paragraph shall not apply to grants under paragraph (1)(D) for the National Flagship Language Initiative described in subsection (i) or for the scholarship program under paragraph (1)(E). For the authorization of appropriations for the National Flagship Language Initiative, see section 1911 of this title. For the authorization of appropriations for the scholarship program under paragraph (1)(E), see section 1912 of this title.

(3) Consultation with National Security Education Board

The program required under this chapter shall be carried out in consultation with the National Security Education Board established under section 1903 of this title.

(4) Contract authority

The Secretary may enter into one or more contracts, with private national organizations having an expertise in foreign languages, area studies, counterproliferation studies, and other international fields, for the awarding of the scholarships, fellowships, and grants described in paragraph (1) in accordance with the provisions of this chapter. The Secretary may enter into such contracts without regard to section 6101 of title 41 or any other provision of law that requires the use of competitive procedures. In addition, the Secretary may enter into personal service contracts for periods up to one year for program administration, except that not more than 10 such contracts may be in effect at any one time.

(b) Service agreement

In awarding a scholarship or fellowship under the program, the Secretary or contract organization referred to in subsection (a)(4), as the case may be, shall require a recipient of any fellowship or any scholarship to enter into an agreement that, in return for such assistance, the recipient—

(1) will maintain satisfactory academic progress, as determined in accordance with regulations issued by the Secretary, and agrees that failure to maintain such progress shall constitute grounds upon which the Secretary or contract organization referred to in subsection (a)(4) may terminate such assistance;

(2)(A) will (in accordance with regulations prescribed by the Secretary of Defense in coordination with the heads of the other Federal departments and agencies concerned) begin work not later than three years after the recipient's completion of degree study during which scholarship assistance was provided under the program—

(i) for not less than one year in a position certified by the Secretary of Defense, in coordination with the Director of National Intelligence, the Secretary of Homeland Security, and the Secretary of State (as appropriate), as contributing to the national security of the United States in the Department of Defense, any element of the intelligence community, the Department of Homeland Security, or the Department of State;

(ii) for not less than one year in a position in a Federal agency or office that is identified by the Secretary of Defense under subsection (g) as having national security responsibilities if the recipient demonstrates to the Secretary that no position is available in the departments and agencies covered by clause (i); or

(iii) for not less than one academic year in a position in the field of education in a discipline related to the study supported by the program if the recipient demonstrates to the Secretary of Defense that no position is available in the departments, agencies, and offices covered by clauses (i) and (ii); or

(B) will (in accordance with such regulations) begin work not later than two years after the recipient's completion or termination of study for which fellowship assistance was provided under the program—

(i) for not less than one year in a position certified by the Secretary of Defense, in coordination with the Director of National Intelligence, the Secretary of Homeland Security, and the Secretary of State (as appropriate), as contributing to the national security of the United States in the Department of Defense, any element of the intelligence community, the Department of Homeland Security, or the Department of State;

(ii) for not less than one year in a position in a Federal agency or office that is identified by the Secretary of Defense under subsection (g) as having national security responsibilities if the recipient demonstrates to the Secretary that no position is available in the departments and agencies covered by clause (i); or

(iii) for not less than one academic year in a position in the field of education in a discipline related to the study supported by the program if the recipient demonstrates to the Secretary of Defense that no position is available in the departments, agencies, and offices covered by clauses (i) and (ii); and

(3) if the recipient fails to meet either of the obligations set forth in paragraph (1) or (2), will reimburse the United States Government for the amount of the assistance provided the recipient under the program, together with interest at a rate determined in accordance with regulations issued by the Secretary.

(c) Evaluation of progress in language skills

The Secretary shall, through the National Security Education Program office, administer a test of the foreign language skills of each recipient of a scholarship or fellowship under this chapter before the commencement of the study or education for which the scholarship or fellowship is awarded and after the completion of such study or education. The purpose of these tests is to evaluate the progress made by recipients of scholarships and fellowships in developing foreign language skills as a result of assistance under this chapter.

(d) Distribution of assistance

In selecting the recipients for awards of scholarships, fellowships, or grants pursuant to this chapter, the Secretary or a contract organization referred to in subsection (a)(4), as the case may be, shall take into consideration (1) the extent to which the selections will result in there being an equitable geographic distribution of such scholarships, fellowships, or grants (as the case may be) among the various regions of the United States, and (2) the extent to which the distribution of scholarships and fellowships to individuals reflects the cultural, racial, and ethnic diversity of the population of the United States.

(e) Merit review

The Secretary shall award scholarships, fellowships, and grants under the program based upon a merit review process.

(f) Limitation on use of program participants

No person who receives a grant, scholarship, or fellowship or any other type of assistance under this chapter shall, as a condition of receiving such assistance or under any other circumstances, be used by any department, agency, or entity of the United States Government engaged in intelligence activities to undertake any activity on its behalf during the period such person is pursuing a program of education for which funds are provided under the program carried out under this chapter.

(g) Determination of agencies and offices of Federal Government having national security responsibilities

(1) The Secretary, in consultation with the Board, shall annually determine and develop a list identifying each agency or office of the Federal Government having national security responsibilities at which a recipient of a fellowship or scholarship under this chapter will be able to make the recipient's foreign area and language skills available to such agency or office. The Secretary shall submit the first such list to the Congress and include each subsequent list in the annual report to the Congress, as required by section 1906(b)(6) of this title.

(2) Notwithstanding section 1904 of this title, funds may not be made available from the Fund to carry out this chapter for fiscal year 1997 until 30 days after the date on which the Secretary of Defense submits to the Congress the first such list required by paragraph (1).

(h) Temporary employment and retention of certain participants

(1) In general

The Secretary of Defense may—

(A) appoint or retain a person provided scholarship or fellowship assistance under the program in a position in the Department of Defense on an interim basis during the period of the person's pursuit of a degree under the program and for a period not to exceed two years after completion of the degree, but only if, in the case of the period after completion of the degree, there is an active investigation to provide security clearance to the person for an appropriate permanent position in the Department of Defense under subsection (b)(2); and

(B) if there is no appropriate permanent position available for the person after the end of the periods described in subparagraph (A), separate the person from employment with the Department without regard to any other provision of law, in which event the service agreement of the person under subsection (b) shall terminate.

(2) Treatment of certain service

The period of service of a person covered by paragraph (1) in a position on an interim basis under that paragraph shall, after completion of the degree, be treated as a period of service for purposes of satisfying the obligated service requirements of the person under the service agreement of the person under subsection (b).

(i) Use of awards to attend the Foreign Language Center of the Defense Language Institute

(1) The Secretary shall provide for the admission of award recipients to the Foreign Language Center of the Defense Language Institute (hereinafter in this subsection referred to as the "Center"). An award recipient may apply a portion of the applicable scholarship or fellowship award for instruction at the Center on a space-available basis as a Department of Defense sponsored program to defray the additive instructional costs.

(2) Except as the Secretary determines necessary, an award recipient who receives instruction at the Center shall be subject to the same regulations with respect to attendance, discipline, discharge, and dismissal as apply to other persons attending the Center.

(3) In this subsection, the term "award recipient" means an undergraduate student who has been awarded a scholarship under subsection (a)(1)(A) or a graduate student who has been awarded a fellowship under subsection (a)(1)(B) who—

(A) is in good standing;

(B) has completed all academic study in a foreign country, as provided for under the scholarship or fellowship; and

(C) would benefit from instruction provided at the Center.

(j) National Flagship Language Initiative

(1) Under the National Flagship Language Initiative, institutions of higher education shall establish, operate, or improve activities designed to train students in programs in a range of disciplines to achieve advanced levels of proficiency in those foreign languages that the Secretary identifies as being the most critical in the interests of the national security of the United States.

(2) An undergraduate student who has been awarded a scholarship under subsection (a)(1)(A) or a graduate student who has been awarded a fellowship under subsection (a)(1)(B) may participate in the activities carried out under the National Flagship Language Initiative.

(3) An institution of higher education that receives a grant pursuant to subsection (a)(1)(D) shall give special consideration to applicants who are employees of the Federal Government.

(4) For purposes of this subsection, the Foreign Language Center of the Defense Language Institute and any other educational institution that provides training in foreign languages operated by the Department of Defense or an agency in the intelligence community is deemed to be an institution of higher education, and may carry out the types of activities permitted under the National Flagship Language Initiative.

(5) An undergraduate or graduate student who participates in training in a program under paragraph (1) and has not already entered into a service agreement under subsection (b) shall enter into a service agreement under subsection (b) applicable to an undergraduate or graduate student, as the case may be, with respect to participation in such training in a program under paragraph (1).

(6)(A) An employee of a department or agency of the Federal Government who participates in training in a program under paragraph (1) shall agree in writing—

(i) to continue in the service of the department or agency of the Federal Government employing the employee for the period of such training;

(ii) to continue in the service of such department or agency, following completion by the employee of such training, for a period of two years for each year, or part of the year, of such training;

(iii) if, before the completion by the employee of such training, the employment of the employee is terminated by such department or agency due to misconduct by the employee, or by the employee voluntarily, to reimburse the United States for the total cost of such training (excluding the employee's pay and allowances) provided to the employee; and

(iv) if, after the completion by the employee of such training but before the completion by the employee of the period of service required by clause (ii), the employment of the employee by such department or agency is terminated either by such department or agency due to misconduct by the employee, or by the employee voluntarily, to reimburse the United States in an amount that bears the same ratio to the total cost of such training (excluding the employee's pay and allowances) provided to the employee as the unserved portion of such period of service bears to the total period of service required by clause (ii).

(B) Subject to subparagraph (C), the obligation to reimburse the United States under an agreement under subparagraph (A) is for all purposes a debt owing the United States.

(C) The head of the element of the intelligence community concerned may release an employee, in whole or in part, from the obligation to reimburse the United States under an agreement under subparagraph (A) when, in the discretion of the head of the element, the head of the element determines that equity or the interests of the United States so require.

(k) Employment of program participants

(1) Appointment authority

The Secretary of Defense, the Secretary of Homeland Security, the Secretary of State, or the head of a Federal agency or office identified by the Secretary of Defense under subsection (g) as having national security responsibilities—

(A) may, without regard to any provision of title 5, governing appointments in the competitive service, appoint an eligible program participant—

(i) to a position in the excepted service that is certified by the Secretary of Defense under clause (i) of subsection (b)(2)(A) as contributing to the national security of the United States; or

(ii) subject to clause (ii) of such subsection, to a position in the excepted service in such Federal agency or office identified by the Secretary; and

(B) may, upon satisfactory completion of two years of substantially continuous service by an incumbent who was appointed to an excepted service position under the authority of subparagraph (A), convert the appointment of such individual, without competition, to a career or career-conditional appointment.

(2) Treatment of certain service

In the case of an eligible program participant described in clause (ii) or (iii) of paragraph (4)(C) who receives an appointment under paragraph (1)(A), the head of a Department or Federal agency or office referred to in paragraph (1) may count any period that the individual served in a position with the Federal Government toward satisfaction of the service requirement under paragraph (1)(B) if that service—

(A) in the case of an appointment under clause (i) of paragraph (1)(A), was in a position that is identified under clause (i) of subsection (b)(2)(A) as contributing to the national security of the United States; or

(B) in the case of an appointment under clause (ii) of paragraph (1)(A), was in the Federal agency or office in which the appointment under that clause is made.

(3) Career tenure

In the case of an individual whose appointment to a position in the excepted service is converted to a career or career-conditional appointment under paragraph (1)(B), the period of service described in such paragraph shall be treated, for purposes of the service requirements for career tenure under title 5, as if it were service in a position under a career or career-conditional appointment.

(4) Eligible program participant defined

In this subsection, the term "eligible program participant" means an individual who—

(A) has successfully completed an academic program for which a scholarship or fellowship under this section was awarded;

(B) has not previously been appointed to the excepted service position under paragraph (1)(A); and

(C) at the time of the appointment of the individual to an excepted service position under paragraph (1)(A)—

(i) under the terms of the agreement for such scholarship or fellowship, owes a service commitment to a Department or Federal agency or office referred to in paragraph (1);

(ii) is employed by the Federal Government under a non-permanent appointment to a position in the excepted service that has national security responsibilities; or

(iii) is a former civilian employee of the Federal Government who has less than a one-year break in service from the last period of Federal employment of such individual in a non-permanent appointment in the excepted service with national security responsibilities.

(Pub. L. 102–183, title VIII, §802, Dec. 4, 1991, 105 Stat. 1271; Pub. L. 102–496, title IV, §404(b), (c), Oct. 24, 1992, 106 Stat. 3185; Pub. L. 103–178, title III, §311(b)(2), (d), Dec. 3, 1993, 107 Stat. 2037; Pub. L. 104–201, div. A, title X, §1078(b)–(d), (f)(2), Sept. 23, 1996, 110 Stat. 2664–2666; Pub. L. 105–272, title III, §305(a)(2), Oct. 20, 1998, 112 Stat. 2400; Pub. L. 107–296, title XIII, §1332(b), Nov. 25, 2002, 116 Stat. 2300; Pub. L. 107–306, title III, §§332, 333(a)(1)–(3), Nov. 27, 2002, 116 Stat. 2395, 2396; Pub. L. 108–136, div. A, title IX, §925(a), Nov. 24, 2003, 117 Stat. 1578; Pub. L. 108–487, title VI, §§601(b), 602(a)(1), 603(a)(1), (2), Dec. 23, 2004, 118 Stat. 3952–3954; Pub. L. 109–364, div. A, title IX, §945(a), (b), Oct. 17, 2006, 120 Stat. 2367; Pub. L. 110–181, div. A, title IX, §953, Jan. 28, 2008, 122 Stat. 292; Pub. L. 111–84, div. A, title XI, §1101, Oct. 28, 2009, 123 Stat. 2484; Pub. L. 112–239, div. A, title IX, §956, Jan. 2, 2013, 126 Stat. 1899; Pub. L. 115–91, div. A, title XVI, §1625, Dec. 12, 2017, 131 Stat. 1733; Pub. L. 118–31, div. G, title IX, §7901(c)(1), Dec. 22, 2023, 137 Stat. 1106.)

Editorial Notes

Codification

In subsec. (a)(4), "section 6101 of title 41" substituted for "section 3709 of the Revised Statutes (41 U.S.C. 5)" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Amendments

2023—Subsec. (j)(6)(B) to (D). Pub. L. 118–31 redesignated subpars. (C) and (D) as (B) and (C), respectively, and substituted "subparagraph (C)" for "subparagraph (D)" in subpar. (B), as redesignated.

2017—Subsec. (k)(2). Pub. L. 115–91, §1625(2), substituted "paragraph (4)(C)" for "paragraph (3)(C)" in introductory provisions.

Subsec. (k)(3), (4). Pub. L. 115–91, §1625(1), (3), added par. (3) and redesignated former par. (3) as (4).

2013—Subsec. (k). Pub. L. 112–239 amended subsec. (k) generally. Prior to amendment, text read as follows: "The Secretary of Defense, the Secretary of Homeland Security, the Secretary of State, or the head of a Federal agency or office identified by the Secretary of Defense under subsection (g) as having national security responsibilities—

"(1) may, without regard to any provision of title 5 governing appointments in the competitive service, appoint to a position that is identified under subsection (b)(2)(A)(i) as having national security responsibilities, or to a position in such Federal agency or office, in the excepted service an individual who has successfully completed an academic program for which a scholarship or fellowship under this section was awarded and who, under the terms of the agreement for such scholarship or fellowship, at the time of such appointment owes a service commitment to such Department or such Federal agency or office; and

"(2) may, upon satisfactory completion of two years of substantially continuous service by an incumbent who was appointed to an excepted service position under the authority of paragraph (1), convert the appointment of such individual, without competition, to a career or career conditional appointment."

2009—Subsec. (k). Pub. L. 111–84 added subsec. (k).

2008—Subsec. (b)(2)(A)(iii). Pub. L. 110–181, §953(1), added cl. (iii).

Subsec. (b)(2)(B)(iii). Pub. L. 110–181, §953(2), added cl. (iii).

2006—Subsec. (b)(2). Pub. L. 109–364, §945(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "will—

"(A) in the case of a recipient of a scholarship, after the recipient's completion of the study for which scholarship assistance was provided under the program, work in a position in the Department of Defense or other element of the intelligence community that is certified by the Secretary as appropriate to utilize the unique language and region expertise acquired by the recipient pursuant to such study for a period specified by the Secretary, which period shall include one year of service for each year, or portion thereof, for which such scholarship assistance was provided; or

"(B) in the case of a recipient of a fellowship, after the recipient's completion of the study for which the fellowship assistance was provided under the program, work in a position described in subparagraph (A) that is certified by the Secretary as appropriate to utilize the unique language and region expertise acquired by the recipient pursuant to such study for a period specified by the Secretary, which period shall (at the discretion of the Secretary) include not less than one nor more than three years for each year, or portion thereof, for which such fellowship assistance was provided; and".

Subsecs. (h) to (j). Pub. L. 109–364, §945(b), added subsec. (h) and redesignated former subsecs. (h) and (i) as (i) and (j), respectively.

2004—Subsec. (a)(1)(E). Pub. L. 108–487, §603(a)(1), added subpar. (E).

Subsec. (a)(2). Pub. L. 108–487, §603(a)(2), which directed the amendment of the matter following par. (2) by inserting in the first sentence "or for the scholarship program under paragraph (1)(E)" after "under paragraph (1)(D) for the National Flagship Language Initiative described in subsection (i)" and by inserting at end "For the authorization of appropriations for the scholarship program under paragraph (1)(E), see section 1912 of this title.", was executed to the concluding provisions of par. (2) to reflect the probable intent of Congress.

Pub. L. 108–487, §601(b), in introductory provisions, inserted "or from a transfer under section 1910(c) of this title" after "National Security Education Trust Fund".

Subsecs. (i)(5), (6). Pub. L. 108–487, §602(a)(1), added pars. (5) and (6).

2003—Subsec. (b)(2). Pub. L. 108–136 added subpars. (A) and (B) and struck out former subpars. (A) and (B) which also contained provisions relating to recipients of scholarships and fellowships, respectively.

2002—Subsec. (a)(1)(D). Pub. L. 107–306, §333(a)(1), added subpar. (D).

Subsec. (a)(2). Pub. L. 107–306, §333(a)(3), inserted at end "The funding allocation under this paragraph shall not apply to grants under paragraph (1)(D) for the National Flagship Language Initiative described in subsection (i). For the authorization of appropriations for the National Flagship Language Initiative, see section 1911 of this title."

Subsec. (b)(2)(A)(ii). Pub. L. 107–296, §1332(b)(1), added cl. (ii) and struck out former cl. (ii) which read as follows: "if the recipient demonstrates to the Secretary (in accordance with such regulations) that no national security position is available, work in the field of higher education in a discipline relating to the foreign country, foreign language, area study, counterproliferation study, or international field of study for which the scholarship was awarded, for a period specified by the Secretary, which period shall be determined in accordance with clause (i); or".

Subsec. (b)(2)(B)(ii). Pub. L. 107–296, §1332(b)(2), added cl. (ii) and struck out former cl. (ii) which read as follows: "if the recipient demonstrates to the Secretary (in accordance with such regulations) that no national security position is available upon the completion of the degree, work in the field of higher education in a discipline relating to the foreign country, foreign language, area study, counterproliferation study, or international field of study for which the fellowship was awarded, for a period specified by the Secretary, which period shall be established in accordance with clause (i); and".

Subsec. (h). Pub. L. 107–306, §332, added subsec. (h).

Subsec. (i). Pub. L. 107–306, §333(a)(2), added subsec. (i).

1998—Subsec. (a)(1)(B)(i), (C), (4). Pub. L. 105–272, §305(a)(2)(A), inserted "counterproliferation studies," after "area studies,".

Subsec. (b)(2)(A)(ii), (B)(ii). Pub. L. 105–272, §305(a)(2)(B), inserted "counterproliferation study," after "area study,".

1996—Subsec. (a)(1)(A). Pub. L. 104–201, §1078(b)(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "awarding scholarships to undergraduate students who are United States citizens in order to enable such students to study, for at least one academic semester or equivalent term, in foreign countries that are critical countries (as determined under section 1903(d)(4)(A) of this title) in those language and study areas where deficiencies exist (as identified in the assessments undertaken pursuant to section 1906(d) of this title);".

Subsec. (a)(1)(B)(i). Pub. L. 104–201, §1078(b)(2)(A), inserted "relating to the national security interests of the United States" after "international fields".

Subsec. (a)(1)(B)(ii). Pub. L. 104–201, §1078(b)(2)(B), substituted "subsection (b)(2)(B)" for "subsection (b)(2)" and "work in a national security position or work in" for "work for an agency or office of the Federal Government or in".

Subsec. (b). Pub. L. 104–201, §1078(c)(1), in introductory provisions, substituted "or any scholarship" for ", or of scholarships that provide assistance for periods that aggregate 12 months or more,".

Subsec. (b)(2). Pub. L. 104–201, §1078(c)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "will, upon completion of such recipient's baccalaureate degree or education under the program, as the case may be, and in accordance with regulations issued by the Secretary, work for the Federal Government or in the field of education in the area of study for which the scholarship or fellowship was awarded for a period specified by the Secretary, which period for the recipients of scholarships shall be no more than the same period for which scholarship assistance was provided and for the recipients of fellowships shall be not less than one and not more than three times the period for which the fellowship assistance was provided; and".

Subsecs. (c) to (f). Pub. L. 104–201, §1078(d), added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively.

Subsec. (g). Pub. L. 104–201, §1078(f)(2), added subsec. (g).

1993—Subsec. (a)(1)(A). Pub. L. 103–178, §311(b)(2)(A), (d), struck out comma after "term," and inserted before semicolon at end "in those language and study areas where deficiencies exist (as identified in the assessments undertaken pursuant to section 1906(d) of this title)".

Subsec. (a)(1)(B)(i). Pub. L. 103–178, §311(b)(2)(B), inserted before semicolon at end "and in which deficiencies exist (as identified in the assessments undertaken pursuant to section 1906(d) of this title)".

1992—Subsec. (a)(1)(A). Pub. L. 102–496, §404(b)(1), inserted "or equivalent term," after "semester".

Subsec. (a)(1)(B)(i). Pub. L. 102–496, §404(b)(2), substituted "as part of a graduate degree program of a United States institution of higher education" for "in the United States".

Subsec. (a)(4). Pub. L. 102–496, §404(b)(3), inserted at end "In addition, the Secretary may enter into personal service contracts for periods up to one year for program administration, except that not more than 10 such contracts may be in effect at any one time."

Subsecs. (e), (f). Pub. L. 102–496, §404(c), redesignated subsec. (f) as (e) and struck out former subsec. (e) which read as follows: "The Secretary shall administer the program through the Defense Intelligence College."

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Pub. L. 108–487, title VI, §602(a)(2), Dec. 23, 2004, 118 Stat. 3953, provided that: "The amendment made by paragraph (1) [amending this section] shall apply to training under section 802(i) [now 802(j)] of the David L. Boren National Security Act of 1991 [50 U.S.C. 1902(i), now 1902(j)] that begins on or after the date that is 90 days after the date of the enactment of this Act [Dec. 23, 2004]."

Amendment by Pub. L. 108–487 effective Dec. 23, 2004, except as otherwise provided, see section 801 of Pub. L. 108–487, set out as a note under section 2656f of Title 22, Foreign Relations and Intercourse.

Effective Date of 2003 Amendment

Pub. L. 108–136, div. A, title IX, §925(b), Nov. 24, 2003, 117 Stat. 1578, provided that:

"(1) The amendment made by subsection (a) [amending this section] shall apply with respect to service agreements entered into under the David L. Boren National Security Education Act of 1991 [50 U.S.C. 1901 et seq.] on or after the date of the enactment of this Act [Nov. 24, 2003].

"(2) The amendment made by subsection (a) shall not affect the force, validity, or terms of any service agreement entered into under the David L. Boren National Security Education Act of 1991 before the date of the enactment of this Act that is in force as of that date."

Effective Date of 2002 Amendment

Pub. L. 107–306, title III, §333(c), Nov. 27, 2002, 116 Stat. 2397, provided that: "The amendments made by this section [enacting section 1911 of this title and amending this section and section 1903 of this title] shall take effect on the date the Secretary of Defense submits the report required under section 334 of this Act [116 Stat. 2397] and notifies the appropriate committees of Congress (as defined in subsection (c) of that section) that the programs carried out under the David L. Boren National Security Education Act of 1991 [50 U.S.C. 1901 et seq.] are being managed in a fiscally and programmatically sound manner."

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.

Construction

Pub. L. 107–306, title III, §333(d), Nov. 27, 2002, 116 Stat. 2397, provided that: "Nothing in this section [enacting section 1911 of this title, amending this section and section 1903 of this title, and enacting provisions set out as notes under this section] shall be construed as affecting any program or project carried out under the David L. Boren National Security Education Act of 1991 [50 U.S.C. 1901 et seq.] as in effect on the date that precedes the date of the enactment of this Act [Nov. 27, 2002]."

Coordination With Other Amendments Made by Pub. L. 118–31

Pub. L. 118–31, div. G, title IX, §7901(k), Dec. 22, 2023, 137 Stat. 1107, provided that: "For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by this section [amending this section and sections 1903, 1908, 2021, 2093, 2111, 2154, 3024, 3093, 3164, 3232a, 3334l, 3341, 3361, 3363, 3381, 3505, 3507, 3512, 3517, 3519, 3519a, and 3614 of this title and provisions set out as a note under section 3024 of this title] shall be treated as having been enacted immediately before any such amendments by other provisions of this Act [see Tables for classification]."

Increase in Number of Participating Educational Institutions

Pub. L. 108–487, title VI, §602(c), Dec. 23, 2004, 118 Stat. 3953, provided that: "The Secretary of Defense shall take such actions as the Secretary considers appropriate to increase the number of qualified educational institutions that receive grants under the National Flagship Language Initiative under section 802(i) of the David L. Boren National Security Education Act of 1991 [50 U.S.C. 1902(i)] to establish, operate, or improve activities designed to train students in programs in a range of disciplines to achieve advanced levels of proficiency in those foreign languages that the Secretary identifies as being the most critical to the national security of the United States."

Clarification of Authority To Support Studies Abroad

Pub. L. 108–487, title VI, §602(d), Dec. 23, 2004, 118 Stat. 3953, provided that: "Educational institutions that receive grants under the National Flagship Language Initiative may support students who pursue total immersion foreign language studies overseas of foreign languages that are critical to the national security of the United States."

§1903. National Security Education Board

(a) Establishment

The Secretary of Defense shall establish a National Security Education Board.

(b) Composition

The Board shall be composed of the following individuals or the representatives of such individuals:

(1) The Secretary of Defense, who shall serve as the chairman of the Board.

(2) The Secretary of Education.

(3) The Secretary of State.

(4) The Secretary of Commerce.

(5) The Secretary of Homeland Security.

(6) The Secretary of Energy.

(7) The Director of National Intelligence.

(8) The Chairperson of the National Endowment for the Humanities.

(9) Six individuals appointed by the President, who shall be experts in the fields of international, language, area, and counterproliferation studies education and who may not be officers or employees of the Federal Government.

(c) Term of appointees

Each individual appointed to the Board pursuant to subsection (b)(7) shall be appointed for a period specified by the President at the time of the appointment, but not to exceed four years. Such individuals shall receive no compensation for service on the Board but may receive reimbursement for travel and other necessary expenses.

(d) Functions

The Board shall perform the following functions:

(1) Develop criteria for awarding scholarships, fellowships, and grants under this chapter, including an order of priority in such awards that favors individuals expressing an interest in national security issues or pursuing a career in a national security position.

(2) Provide for wide dissemination of information regarding the activities assisted under this chapter.

(3) Establish qualifications for students desiring scholarships or fellowships, and institutions of higher education desiring grants, under this chapter, including, in the case of students desiring a scholarship or fellowship, a requirement that the student have a demonstrated commitment to the study of the discipline for which the scholarship or fellowship is to be awarded.

(4) After taking into account the annual analyses of trends in language, international, area, and counterproliferation studies under section 1906(b)(1) of this title, make recommendations to the Secretary regarding—

(A) which countries are not emphasized in other United States study abroad programs, such as countries in which few United States students are studying and countries which are of importance to the national security interests of the United States, and are, therefore, critical countries for the purposes of section 1902(a)(1)(A) of this title;

(B) which areas within the disciplines described in section 1902(a)(1)(B) of this title relating to the national security interests of the United States are areas of study in which United States students are deficient in learning and are, therefore, critical areas within those disciplines for the purposes of that section;

(C) which areas within the disciplines described in section 1902(a)(1)(C) of this title are areas in which United States students, educators, and Government employees are deficient in learning and in which insubstantial numbers of United States institutions of higher education provide training and are, therefore, critical areas within those disciplines for the purposes of that section;

(D) how students desiring scholarships or fellowships can be encouraged to work for an agency or office of the Federal Government involved in national security affairs or national security policy upon completion of their education; and

(E) which foreign languages are critical to the national security interests of the United States for purposes of section 1902(a)(1)(D) of this title (relating to grants for the National Flagship Language Initiative) and section 1902(a)(1)(E) of this title (relating to the scholarship program for advanced English language studies by heritage community citizens).

(5) Encourage applications for fellowships under this chapter from graduate students having an educational background in any academic discipline, particularly in the areas of science or technology.

(6) Provide the Secretary biennially with a list of scholarship recipients and fellowship recipients, including an assessment of their foreign area and language skills, who are available to work in a national security position.

(7) Not later than 30 days after a scholarship or fellowship recipient completes the study or education for which assistance was provided under the program, provide the Secretary with a report fully describing the foreign area and language skills obtained by the recipient as a result of the assistance.

(8) Review the administration of the program required under this chapter.

(9) To the extent provided by the Secretary of Defense, oversee and coordinate the activities of the National Language Service Corps under section 1913 of this title, including—

(A) assessing on a periodic basis whether the Corps is addressing the needs identified by the heads of departments and agencies of the Federal Government for personnel with skills in various foreign languages;

(B) recommending plans for the Corps to address foreign language shortfalls and requirements of the departments and agencies of the Federal Government;

(C) recommending effective ways to increase public awareness of the need for foreign languages skills and career paths in the Federal Government that use those skills; and

(D) overseeing the Corps efforts to work with Executive agencies and State and local governments to respond to interagency plans and agreements to address overall foreign language shortfalls and to utilize personnel to address the various types of crises that warrant foreign language skills.

(Pub. L. 102–183, title VIII, §803, Dec. 4, 1991, 105 Stat. 1273; Pub. L. 102–496, title IV, §404(d), Oct. 24, 1992, 106 Stat. 3186; Pub. L. 104–201, div. A, title X, §1078(e), Sept. 23, 1996, 110 Stat. 2666; Pub. L. 105–272, title III, §305(a)(3), (b), Oct. 20, 1998, 112 Stat. 2401; Pub. L. 105–277, div. G, title XIII, §1335(g), Oct. 21, 1998, 112 Stat. 2681–788; Pub. L. 107–306, title III, §333(a)(4), Nov. 27, 2002, 116 Stat. 2396; Pub. L. 108–487, title VI, §603(a)(3), Dec. 23, 2004, 118 Stat. 3954; Pub. L. 112–81, div. A, title X, §1087, Dec. 31, 2011, 125 Stat. 1603; Pub. L. 112–166, §2(c)(2), Aug. 10, 2012, 126 Stat. 1284; Pub. L. 112–239, div. A, title IX, §954(b), Jan. 2, 2013, 126 Stat. 1896; Pub. L. 118–31, div. G, title IX, §7901(c)(2), Dec. 22, 2023, 137 Stat. 1106.)

Editorial Notes

Amendments

2023—Subsec. (d)(9)(D). Pub. L. 118–31 substituted "local governments" for "Local governments".

2013—Subsec. (b)(5) to (9). Pub. L. 112–239, §954(b)(1), added pars. (5) to (7), redesignated former pars. (6) and (7) as (8) and (9), respectively, and struck out former par. (5) which read as follows: "The Director of Central Intelligence."

Subsec. (d)(9). Pub. L. 112–239, §954(b)(2), added par. (9).

2012—Subsec. (b)(7). Pub. L. 112–166, which directed striking the phrase "by and with the advice and consent of the Senate,", could not be executed because the phrase did not appear after execution of amendment by Pub. L. 112–81, §1087(a). See 2011 Amendment note below.

2011—Subsec. (b)(7). Pub. L. 112–81, §1087(a), struck out "by and with the advice and consent of the Senate," after "President,".

Subsec. (c). Pub. L. 112–81, §1087(b), substituted "subsection (b)(7)" for "subsection (b)(6)".

2004–Subsec. (d)(4)(E). Pub. L. 108–487 inserted "and section 1902(a)(1)(E) of this title (relating to the scholarship program for advanced English language studies by heritage community citizens)" before period.

2002—Subsec. (d)(4)(E). Pub. L. 107–306 added subpar. (E).

1998—Subsec. (b)(6). Pub. L. 105–277, §1335(g)(1), redesignated par. (7) as (6) and struck out former par. (6) which read as follows: "The Secretary of Energy."

Pub. L. 105–272, §305(b), amended par. (6) generally. Prior to amendment, par. (6) read as follows: "The Director of the United States Information Agency."

Subsec. (b)(7). Pub. L. 105–277, §1335(g)(1)(B), redesignated par. (8) as (7). Former par. (7) redesignated (6).

Subsec. (b)(8). Pub. L. 105–277, §1335(g)(1)(B), redesignated par. (8) as (7).

Pub. L. 105–272, §305(a)(3), substituted "area, and counterproliferation" for "and area".

Subsec. (c). Pub. L. 105–277, §1335(g)(2), substituted "subsection (b)(6)" for "subsection (b)(7)".

Subsec. (d)(4). Pub. L. 105–272, §305(a)(3), substituted "area, and counterproliferation" for "and area" in introductory provisions.

1996—Subsec. (d)(1). Pub. L. 104–201, §1078(e)(1), inserted before period at end ", including an order of priority in such awards that favors individuals expressing an interest in national security issues or pursuing a career in a national security position".

Subsec. (d)(4). Pub. L. 104–201, §1078(e)(2)(A), in introductory provisions, substituted "After taking into account the annual analyses of trends in language, international, and area studies under section 1906(b)(1) of this title, make recommendations" for "Make recommendations".

Subsec. (d)(4)(A). Pub. L. 104–201, §1078(e)(2)(B), substituted "and countries which are of importance to the national security interests of the United States" after "are studying".

Subsec. (d)(4)(B). Pub. L. 104–201, §1078(e)(2)(C), substituted "relating to the national security interests of the United States" after "section 1902(a)(1)(B) of this title".

Subsec. (d)(5) to (8). Pub. L. 104–201, §1078(e)(3), (4), added pars. (5) to (7) and redesignated former par. (5) as (8).

1992—Subsec. (b)(7). Pub. L. 102–496, §404(d)(2), added par. (7). Former par. (7) redesignated (8).

Subsec. (b)(8). Pub. L. 102–496, §404(d)(1), (3), redesignated par. (7) as (8), substituted "Six individuals" for "Four individuals", and inserted before period at end "and who may not be officers or employees of the Federal Government".

Statutory Notes and Related Subsidiaries

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 3001 of this title.

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–306 effective on the date the Secretary of Defense submits the report required under section 334 of Pub. L. 107–306 and notifies the appropriate committees of Congress that the programs carried out under this chapter are being managed in a fiscally and programmatically sound manner, see section 333(c) of Pub. L. 107–306, set out as a note under section 1902 of this title.

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–277 effective on earlier of Oct. 1, 1999, or date of abolition of the United States Information Agency pursuant to reorganization plan described in section 6601 of Title 22, Foreign Relations and Intercourse, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of Title 22.

§1904. National Security Education Trust Fund

(a) Establishment of Fund

There is established in the Treasury of the United States a trust fund to be known as the "National Security Education Trust Fund". The assets of the Fund consist of amounts appropriated to the Fund and amounts credited to the Fund under subsection (e).

(b) Availability of sums in Fund

Sums in the Fund shall, to the extent provided in appropriations Acts, be available—

(1) for awarding scholarships, fellowships, and grants in accordance with the provisions of this chapter; and

(2) for properly allocable costs of the Federal Government for the administration of the program under this chapter.

(c) Investment of Fund assets

The Secretary of the Treasury shall invest in full the amount in the Fund that is not immediately necessary for expenditure. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose, such obligations may be acquired on original issue at the issue price or by purchase of outstanding obligations at the market price. The purposes for which obligations of the United States may be issued under chapter 31 of title 31 are hereby extended to authorize the issuance at par of special obligations exclusively to the Fund. Such special obligations shall bear interest at a rate equal to the average rate of interest, computed as to the end of the calendar month next preceding the date of such issue, borne by all marketable interest-bearing obligations of the United States then forming a part of the public debt, except that where such average rate is not a multiple of 1/8 of 1 percent, the rate of interest of such special obligations shall be the multiple of 1/8 of 1 percent next lower than such average rate. Such special obligations shall be issued only if the Secretary of the Treasury determines that the purchases of other interest-bearing obligations of the United States, or of obligations guaranteed as to both principal and interest by the United States or original issue or at the market price, is not in the public interest.

(d) Authority to sell obligations

Any obligation acquired by the Fund (except special obligations issued exclusively to the Fund) may be sold by the Secretary of the Treasury at the market price, and such special obligations may be redeemed at par plus accrued interest.

(e) Amounts credited to Fund

(1) The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.

(2) Any amount paid to the United States under section 1902(b)(3) of this title shall be credited to and form a part of the Fund.

(3) Any gifts of money shall be credited to and form a part of the Fund.

(Pub. L. 102–183, title VIII, §804, Dec. 4, 1991, 105 Stat. 1274; Pub. L. 102–496, title IV, §404(e), Oct. 24, 1992, 106 Stat. 3186; Pub. L. 103–160, div. A, title III, §375, Nov. 30, 1993, 107 Stat. 1637.)

Editorial Notes

Amendments

1993—Subsec. (b). Pub. L. 103–160, §375(b), struck out "(1)" before "Sums in the Fund", redesignated former subpars. (A) and (B) as pars. (1) and (2), respectively, and struck out former par. (2) which read as follows: "No amount may be appropriated to the Fund, or obligated from the Fund, unless authorized by law."

Subsec. (e)(3). Pub. L. 103–160, §375(a), added par. (3).

1992—Subsec. (c). Pub. L. 102–496 substituted "expenditure" for "obligation" in first sentence.

§1905. Regulations and administrative provisions

(a) Regulations

The Secretary may prescribe regulations to carry out the program required by this chapter. Before prescribing any such regulations, the Secretary shall submit a copy of the proposed regulations to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives. Such proposed regulations may not take effect until 30 days after the date on which they are submitted to those committees.

(b) Acceptance and use of gifts

In order to conduct the program required by this chapter, the Secretary may—

(1) receive money and other property donated, bequeathed, or devised, without condition or restriction other than that it be used for the purpose of conducting the program required by this chapter; and

(2) may use, sell, or otherwise dispose of such property for that purpose.

(c) Voluntary services

In order to conduct the program required by this chapter, the Secretary may accept and use the services of voluntary and noncompensated personnel.

(d) Necessary expenditures

Expenditures necessary to conduct the program required by this chapter shall be paid from the Fund, subject to section 1904(b) of this title.

(Pub. L. 102–183, title VIII, §805, Dec. 4, 1991, 105 Stat. 1275.)

§1906. Annual report

(a) Annual report

(1) The Secretary shall submit to the President and to the congressional intelligence committees an annual report of the conduct of the program required by this chapter.

(2) The report submitted to the President shall be submitted each year at the time that the President's budget for the next fiscal year is submitted to Congress pursuant to section 1105 of title 31.

(3) The report submitted to the congressional intelligence committees shall be submitted on the date provided in section 3106 of this title.

(b) Contents of report

Each such report shall contain—

(1) an analysis of the trends within language, international, area, and counterproliferation studies, along with a survey of such areas as the Secretary determines are receiving inadequate attention;

(2) the effect on those trends of activities under the program required by this chapter;

(3) an analysis of the assistance provided under the program for the previous fiscal year, to include the subject areas being addressed and the nature of the assistance provided;

(4) an analysis of the performance of the individuals who received assistance under the program during the previous fiscal year, to include the degree to which assistance was terminated under the program and the extent to which individual recipients failed to meet their obligations under the program;

(5) an analysis of the results of the program for the previous fiscal year, and cumulatively, to include, at a minimum—

(A) the percentage of individuals who have received assistance under the program who subsequently became employees of the United States Government;

(B) in the case of individuals who did not subsequently become employees of the United States Government, an analysis of the reasons why they did not become employees and an explanation as to what use, if any, was made of the assistance by those recipients; and

(C) the uses made of grants to educational institutions;

(6) the current list of agencies and offices of the Federal Government required to be developed by section 1902(g) of this title; and

(7) any legislative changes recommended by the Secretary to facilitate the administration of the program or otherwise to enhance its objectives.

(c) Submission of initial report

The first report under this section shall be submitted at the time the budget for fiscal year 1994 is submitted to Congress.

(d) Consultation

During the preparation of each report required by subsection (a), the Secretary shall consult with the members of the Board specified in paragraphs (1) through (7) of section 1903(b) ¹ of this title. Each such member shall submit to the Secretary an assessment of their hiring needs in the areas of language and area studies and a projection of the deficiencies in such areas. The Secretary shall include all assessments in the report required by subsection (a).

(Pub. L. 102–183, title VIII, §806, Dec. 4, 1991, 105 Stat. 1276; Pub. L. 103–178, title III, §311(b)(1), Dec. 3, 1993, 107 Stat. 2037; Pub. L. 104–201, div. A, title X, §1078(f)(3), Sept. 23, 1996, 110 Stat. 2667; Pub. L. 105–272, title III, §305(a)(4), Oct. 20, 1998, 112 Stat. 2401; Pub. L. 107–306, title VIII, §811(b)(7)(A), Nov. 27, 2002, 116 Stat. 2425.)

Editorial Notes

References in Text

Section 1903(b) of this title, referred to in subsec. (d), was amended and now specifies members of the Board in paragraphs (1) to (9).

Amendments

2002—Subsec. (a). Pub. L. 107–306 designated first and second sentences as pars. (1) and (2), respectively, in par. (1), substituted "the congressional intelligence committees" for "the Congress", in par. (2), inserted "submitted to the President" after "The report", and added par. (3).

1998—Subsec. (b)(1). Pub. L. 105–272 substituted "area, and counterproliferation" for "and area".

1996—Subsec. (b)(5) to (7). Pub. L. 104–201 struck out "and" at end of par. (5), added par. (6), and redesignated former par. (6) as (7).

1993—Subsec. (d). Pub. L. 103–178 added subsec. (d).

¹ See References in Text note below.

§1907. Government Accountability Office audits

The conduct of the program required by this chapter may be audited by the Government Accountability Office under such rules and regulations as may be prescribed by the Comptroller General of the United States. Representatives of the Government Accountability Office shall have access to all books, accounts, records, reports, and files and all other papers, things, or property of the Department of Defense pertaining to such activities and necessary to facilitate the audit.

(Pub. L. 102–183, title VIII, §807, Dec. 4, 1991, 105 Stat. 1276; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)

Editorial Notes

Amendments

2004—Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office" in section catchline and in two places in text.

§1908. Definitions

For the purpose of this chapter:

(1) The term "Board" means the National Security Education Board established pursuant to section 1903 of this title.

(2) The term "Fund" means the National Security Education Trust Fund established pursuant to section 1904 of this title.

(3) The term "institution of higher education" has the meaning given that term by section 1001 of title 20.

(4) The term "national security position" means a position—

(A) having national security responsibilities in an agency or office of the Federal Government that has national security responsibilities, as determined under section 1902(g) of this title; and

(B) in which the individual in such position makes their foreign language skills available to such agency or office.

(5) The term "congressional intelligence committees" means—

(A) the Select Committee on Intelligence of the Senate; and

(B) the Permanent Select Committee on Intelligence of the House of Representatives.

(Pub. L. 102–183, title VIII, §808, Dec. 4, 1991, 105 Stat. 1276; Pub. L. 104–201, div. A, title X, §1078(f)(1), Sept. 23, 1996, 110 Stat. 2666; Pub. L. 105–244, title I, §102(a)(15), Oct. 7, 1998, 112 Stat. 1622; Pub. L. 107–306, title VIII, §811(b)(7)(B), Nov. 27, 2002, 116 Stat. 2426; Pub. L. 118–31, div. G, title IX, §7901(c)(3), Dec. 22, 2023, 137 Stat. 1106.)

Editorial Notes

Amendments

2023—Par. (4)(A). Pub. L. 118–31 substituted "an agency" for "a agency".

2002—Par. (5). Pub. L. 107–306 added par. (5).

1998—Par. (3). Pub. L. 105–244 substituted "section 1001" for "section 1141(a)".

1996—Par. (4). Pub. L. 104–201 added par. (4).

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education.

§1909. Fiscal year 1992 funding

(a) Authorization of appropriations to Fund

There is hereby authorized to be appropriated to the Fund for fiscal year 1992 the sum of $150,000,000.

(b) Authorization of obligations from Fund

During fiscal year 1992, there may be obligated from the Fund such amounts as may be provided in appropriations Acts, not to exceed $35,000,000. Amounts made available for obligation from the Fund for fiscal year 1992 shall remain available until expended.

(Pub. L. 102–183, title VIII, §809, Dec. 4, 1991, 105 Stat. 1277.)

§1910. Funding

(a) Fiscal years 1993 and 1994

Amounts appropriated to carry out this chapter for fiscal years 1993 and 1994 shall remain available until expended.

(b) Fiscal years 1995 and 1996

There is authorized to be appropriated from, and may be obligated from, the Fund for each of the fiscal years 1995 and 1996 not more than the amount credited to the Fund in interest only for the preceding fiscal year under section 1904(e) of this title.

(c) Funding from Intelligence Community Management Account for fiscal years beginning with fiscal year 2005

In addition to amounts that may be made available to the Secretary under the Fund for a fiscal year, the Director of National Intelligence shall transfer to the Secretary from amounts appropriated for the Intelligence Community Management Account for each of fiscal years 2005 through 2021 $8,000,000 to carry out the scholarship, fellowship, and grant programs under subparagraphs (A), (B), and (C), respectively, of section 1902(a)(1) of this title.

(d) Fiscal years beginning with fiscal year 2022

In addition to amounts that may be made available to the Secretary under the Fund for a fiscal year, there is authorized to be appropriated to the Secretary for each fiscal year, beginning with fiscal year 2022, $8,000,000, to carry out the scholarship, fellowship, and grant programs under subparagraphs (A), (B), and (C), respectively, of section 1902(a)(1) of this title.

(Pub. L. 102–183, title VIII, §810, as added Pub. L. 103–178, title III, §311(c), Dec. 3, 1993, 107 Stat. 2037; amended Pub. L. 108–487, title VI, §601(a), Dec. 23, 2004, 118 Stat. 3951; Pub. L. 116–260, div. W, title VI, §619(a), Dec. 27, 2020, 134 Stat. 2401.)

Editorial Notes

Amendments

2020—Subsec. (c). Pub. L. 116–260, §619(a)(1), substituted "for each of fiscal years 2005 through 2021" for "for each fiscal year, beginning with fiscal year 2005,".

Subsec. (d). Pub. L. 116–260, §619(a)(2), added subsec. (d).

2004—Subsec. (c). Pub. L. 108–487 added subsec. (c).

§1911. Additional annual authorization of appropriations

(a) In general

In addition to amounts that may be made available to the Secretary under the Fund for a fiscal year, there is authorized to be appropriated to the Secretary for each fiscal year, beginning with fiscal year 2020, $16,000,000, to carry out the grant program for the National Flagship Language Initiative under section 1902(a)(1)(D) of this title.

(b) Funding from Intelligence Community Management Account for fiscal years beginning with fiscal year 2005

In addition to amounts that may be made available to the Secretary under the Fund for a fiscal year, the Director of National Intelligence shall transfer to the Secretary from amounts appropriated for the Intelligence Community Management Account for each of fiscal years 2005 through 2021 $6,000,000 to carry out the grant program for the National Flagship Language Initiative under section 1902(a)(1)(D) of this title.

(c) Availability of appropriated funds

Amounts made available under this section shall remain available until expended.

(Pub. L. 102–183, title VIII, §811, as added Pub. L. 107–306, title III, §333(b), Nov. 27, 2002, 116 Stat. 2397; amended Pub. L. 108–487, title VI, §602(b), Dec. 23, 2004, 118 Stat. 3953; Pub. L. 116–92, div. A, title XVI, §1623, Dec. 20, 2019, 133 Stat. 1735; Pub. L. 116–260, div. W, title VI, §619(b), Dec. 27, 2020, 134 Stat. 2401.)

Editorial Notes

Amendments

2020—Subsec. (a). Pub. L. 116–260, §619(b)(1), which directed substitution of "$16,000,000" for "$10,000,000", could not be executed because "$10,000,000" did not appear in text after the amendment by Pub. L. 116–92. See 2019 Amendment note below.

Subsec. (b). Pub. L. 116–260, §619(b)(2), substituted "for each of fiscal years 2005 through 2021" for "for each fiscal year, beginning with fiscal year 2005,".

2019—Subsec. (a). Pub. L. 116–92, which directed amendment of section 811(a) of the Fair Chance Act (50 U.S.C. 1911(a)) by substituting "fiscal year 2020" for "fiscal year 2003" and "$16,000,000" for "$10,000,000", was executed to subsec. (a) of this section, which is section 811 of the David L. Boren National Security Education Act of 1991, to reflect the probable intent of Congress.

2004—Subsecs. (b), (c). Pub. L. 108–487 added subsecs. (b) and (c) and struck out heading and text of former subsec. (b). Text read as follows: "Amounts appropriated pursuant to the authorization of appropriations under subsection (a) shall remain available until expended."

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the date the Secretary of Defense submits the report required under section 334 of Pub. L. 107–306 and notifies the appropriate committees of Congress that the programs carried out under this chapter are being managed in a fiscally and programmatically sound manner, see section 333(c) of Pub. L. 107–306, set out as an Effective Date of 2002 Amendment note under section 1902 of this title.

§1912. Funding for scholarship program for advanced English language studies by heritage community citizens

(a) Funding from Intelligence Community Management Account

In addition to amounts that may be made available to the Secretary under the Fund for a fiscal year, the Director of National Intelligence shall transfer to the Secretary from amounts appropriated for the Intelligence Community Management Account for each of fiscal years 2005 through 2021 $2,000,000 to carry out the scholarship programs for English language studies by certain heritage community citizens under section 1902(a)(1)(E) of this title.

(b) Fiscal years beginning with fiscal year 2022

In addition to amounts that may be made available to the Secretary under the Fund for a fiscal year, there is authorized to be appropriated to the Secretary for each fiscal year, beginning with fiscal year 2022, $2,000,000, to carry out the scholarship programs for English language studies by certain heritage community citizens under section 1902(a)(1)(E) of this title.

(c) Availability of funds

Amounts made available under this section shall remain available until expended.

(Pub. L. 102–183, title VIII, §812, as added Pub. L. 108–487, title VI, §603(b), Dec. 23, 2004, 118 Stat. 3954; amended Pub. L. 116–260, div. W, title VI, §619(c), Dec. 27, 2020, 134 Stat. 2401.)

Editorial Notes

Amendments

2020—Subsec. (a). Pub. L. 116–260, §619(c)(1), substituted "for each of fiscal years 2005 through 2021" for "for each fiscal year, beginning with fiscal year 2005,".

Subsec. (b). Pub. L. 116–260, §619(c)(3), added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 116–260, §619(c)(2), (4), redesignated subsec. (b) as (c) and substituted "this section" for "subsection (a)".

§1913. National Language Service Corps

(a) Establishment

(1) The Secretary of Defense may establish and maintain within the Department of Defense a National Language Service Corps (in this section referred to as the "Corps").

(2) The purpose of the Corps is to provide a pool of nongovernmental personnel with foreign language skills who, as provided in regulations prescribed under this section, agree to provide foreign language services to the Department of Defense or another department or agency of the United States.

(b) National Security Education Board

If the Secretary establishes the Corps, the Secretary shall provide for the National Security Education Board to oversee and coordinate the activities of the Corps to such extent and in such manner as determined by the Secretary under paragraph (9) of section 1903(d) of this title.

(c) Membership

To be eligible for membership in the Corps, a person must be a citizen of the United States authorized by law to be employed in the United States, have attained the age of 18 years, and possess such foreign language skills as the Secretary considers appropriate for membership in the Corps.

(d) Training

The Secretary may provide members of the Corps such training as the Secretary prescribes for purposes of this section.

(e) Service

Upon a determination that it is in the national interests of the United States, the Secretary shall call upon members of the Corps to provide foreign language services to the Department of Defense or another department or agency of the United States. If a member of the Corps is, as of the time of such determination, employed by or performing under a contract for an element of another Federal agency, the Secretary shall first obtain the concurrence of the head of that agency.

(f) Funding

The Secretary may impose fees, in amounts up to full-cost recovery, for language services and technical assistance rendered by members of the Corps. Amounts of fees received under this section shall be credited to the account of the Department providing funds for any costs incurred by the Department in connection with the Corps. Amounts so credited to such account shall be merged with amounts in such account, and shall be available to the same extent, and subject to the same conditions and limitations, as amounts in such account. Any amounts so credited shall remain available until expended.

(Pub. L. 102–183, title VIII, §813, as added Pub. L. 112–239, div. A, title IX, §954(a), Jan. 2, 2013, 126 Stat. 1895.)

§1914. Department of Defense program to protect United States students against foreign agents

(a) Program

The Secretary of Defense shall develop and implement a program to prepare United States students studying abroad through Department of Defense National Security Education Programs to recognize and protect themselves against recruitment efforts by intelligence agents.

(b) Briefing

Not later than 180 days after December 12, 2017, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the program required under subsection (a).

(Pub. L. 115–91, div. A, title XII, §1277, Dec. 12, 2017, 131 Stat. 1700.)

Editorial Notes

Codification

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2018, and not as part of the David L. Boren National Security Education Act of 1991 which comprises this chapter.

CHAPTER 38—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER I—DEFINITIONS

        

SUBCHAPTER II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Part A—Establishment of System

        

Part B—Contributions

        

Part C—Computation of Annuities

        

Part D—Benefits Accruing to Certain Participants

        

Part E—Lump-Sum Payments

        

Part F—Period of Service for Annuities

        

Part G—Moneys

        

Part H—Retired Participants Recalled, Reinstated, or Reappointed in Agency or Reemployed in Government

        

Part I—Voluntary Contributions

        

Part J—Cost-of-Living Adjustment of Annuities

        

Part K—Conformity With Civil Service Retirement System

        

SUBCHAPTER III—PARTICIPATION IN FEDERAL EMPLOYEES' RETIREMENT SYSTEM

        

Editorial Notes

Codification

The Central Intelligence Agency Retirement Act, comprising this chapter, was originally enacted as the Central Intelligence Agency Retirement Act of 1964 for Certain Employees by 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, §§1–6, Dec. 31, 1970, 84 Stat. 1872–1874; Pub. L. 93–31, May 8, 1973, 87 Stat. 65; Pub. L. 93–210, §1(a), Dec. 28, 1973, 87 Stat. 908; Pub. L. 94–361, title VIII, §801(b), July 14, 1976, 90 Stat. 929; Pub. L. 94–522, title I, §§101, 102, title II, §§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, §§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, §302, Nov. 8, 1984, 98 Stat. 3300; Pub. L. 99–169, title VII, §702, Dec. 4, 1985, 99 Stat. 1008; Pub. L. 99–335, title V, §§501–506, June 6, 1986, 100 Stat. 622–624; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99–569, title III, §302(a), Oct. 27, 1986, 100 Stat. 3192; Pub. L. 100–178, title IV, §§401(a), 402(a), (b)(1), (2), Dec. 2, 1987, 101 Stat. 1012–1014; Pub. L. 100–453, title III, §302(a), (b)(1), (c)(1), (d)(1), (2), title V, §502, Sept. 29, 1988, 102 Stat. 1906, 1907, 1909; Pub. L. 101–193, title III, §§302–304(a), 307(b), Nov. 30, 1989, 103 Stat. 1703, 1707; Pub. L. 102–83, §5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–88, title III, §§302–305(a), 306–307(b), Aug. 14, 1991, 105 Stat. 431–433; Pub. L. 102–183, title III, §§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, §304(b), Oct. 24, 1992, 106 Stat. 3183, and was set out as a note under section 403 of this title. The Act is shown herein, however, as having been added by Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3196, without reference to such intervening amendments because of the extensive revision and restatement of the Act's provisions by Pub. L. 102–496.

SUBCHAPTER I—DEFINITIONS

§2001. Definitions relating to the system

When used in this chapter:

(1) Agency

The term "Agency" means the Central Intelligence Agency.

(2) Director

The term "Director" means the Director of the Central Intelligence Agency.

(3) Qualifying service

The term "qualifying service" means service determined by the Director to have been performed in carrying out duties described in section 2013 of this title.

(4) Fund balance

The term "fund balance" means the sum of—

(A) the investments of the fund calculated at par value; and

(B) the cash balance of the fund on the books of the Treasury.

(5) Unfunded liability

The term "unfunded liability" means the estimated amount by which—

(A) the present value of all benefits payable from the fund exceeds

(B) the sum of—

(i) the present value of deductions to be withheld from the future basic pay of participants subject to subchapter II and of future Agency contributions to be made on the behalf of such participants;

(ii) the present value of Government payments to the fund under sections 2091(c) and 2091(d) of this title; and

(iii) the fund balance as of the date on which the unfunded liability is determined.

(6) Normal cost

The term "normal cost" means the level percentage of payroll required to be deposited in the fund to meet the cost of benefits payable under the system (computed in accordance with generally accepted actuarial practice on an entry-age basis) less the value of retirement benefits earned under another retirement system for government employees and less the cost of credit allowed for military service.

(7) Lump-sum credit

The term "lump-sum credit" means the unrefunded amount consisting of retirement deductions made from a participant's basic pay and amounts deposited by a participant covering earlier service, including any amounts deposited under section 2082(h) of this title.

(8) Congressional intelligence committees

The term "congressional intelligence committees" means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

(9) Employee

The term "employee" includes an officer of the Agency.

(Pub. L. 88–643, title I, §101, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3197; amended Pub. L. 103–178, title II, §202(a)(1), Dec. 3, 1993, 107 Stat. 2025; Pub. L. 108–458, title I, §1071(c), Dec. 17, 2004, 118 Stat. 3691.)

Editorial Notes

Prior Provisions

A prior section 101 of Pub. L. 88–643, title I, Oct. 13, 1964, 78 Stat. 1043, provided a short title for Pub. L. 88–643 as the "Central Intelligence Agency Retirement Act of 1964 for Certain Employees" and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Amendments

2004—Par. (2). Pub. L. 108–458 added par. (2) and struck out heading and text of former par. (2). Text read as follows: "The term 'Director' means the Director of Central Intelligence."

1993—Par. (7). Pub. L. 103–178 substituted "basic pay and amounts deposited" for "basic pay, amounts deposited" and struck out ", and interest determined under section 2121 of this title" after "section 2082(h) of this title".

Statutory Notes and Related Subsidiaries

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 3001 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 3001 of this title.

Effective Date of 1993 Amendment

Pub. L. 103–178, title II, §202(b), Dec. 3, 1993, 107 Stat. 2027, provided that: "The amendments made by subsection (a) [amending this section and sections 2011, 2021, 2031, 2032, 2034, 2035, 2051, 2052, 2054, 2071, 2094, 2095, 2131, and 2154 of this title] shall take effect as of February 1, 1993."

Effective Date

Pub. L. 102–496, title VIII, §805, Oct. 24, 1992, 106 Stat. 3254, provided that: "The amendments made by sections 802 and 803 [enacting this chapter and amending sections 3514, 3518, 3519, and 3607 of this title, sections 8347 and 8423 of Title 5, Government Organization and Employees, and section 1605 of Title 10, Armed Forces] shall take effect on the first day of the fourth month beginning after the date of the enactment of this Act [Oct. 24, 1992]."

Effective Date of Amendments to Pub. L. 88–643 Prior to Enactment of Pub. L. 102–496

Pub. L. 102–183, title III, §302(d), Dec. 4, 1991, 105 Stat. 1263, provided that: "The amendments made by this section [amending sections 204(b)(3), 221(c)–(e), and 232(c)–(e) of Pub. L. 88–643] shall take effect on the first day of the fourth month beginning after the date of the enactment of this Act [Dec. 4, 1991] and shall apply with respect to annuities payable to children by reason of the death of a participant or annuitant on or after that date."

Pub. L. 102–183, title III, §303(b), Dec. 4, 1991, 105 Stat. 1264, provided that: "(1) The amendments made by subsection (a) [amending section 221(p)–(r) of Pub. L. 88–643] shall take effect on the first day of the fourth month beginning after the date of the enactment of this Act [Dec. 4, 1991].

"(2)(A) The amendment made by subsection (a)(2) [enacting section 221(q) of Pub. L. 88–643] shall apply with respect to participants and former participants regardless of whether they retire before, on, or after the effective date specified in paragraph (1), except that paragraph (1)(A) of section 221(q) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (as added by subsection (a)(2)) shall apply only with respect to participants who retire on or after that effective date.

"(B) In applying the provisions of paragraph (1)(B) of section 221(q) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (as added by subsection (a)(2)) to a participant or former participant who retires before the effective date specified in paragraph (1)—

"(i) the 18-month period referred to in that paragraph shall be considered to begin on the effective date specified in paragraph (1); and

"(ii) the amount referred to in paragraph (2) of that section (as added by subsection (a)(2)) shall be computed without regard to the provisions of subparagraph (B)(ii) of such paragraph (relating to interest)."

Pub. L. 102–183, title III, §306(c), Dec. 4, 1991, 105 Stat. 1265, provided that:

"(1) The amendment made by subsection (a)(1) [amending section 226(a) of Pub. L. 88–643] shall be deemed to have become effective as of September 30, 1990, and shall apply in the case of annuitants whose divorce occurs on or after that date.

"(2) The amendments made by subsections (a)(2) and (a)(3) [amending section 226(a) of Pub. L. 88–643] shall be deemed to have become effective as of September 29, 1988."

Pub. L. 102–183, title III, §309(b), Dec. 4, 1991, 105 Stat. 1266, provided that: "Subsection (h) of section 304 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [Pub. L. 88–643], as added by subsection (a), shall be deemed to have become effective as of December 2, 1987."

Pub. L. 102–183, title III, §310(b), Dec. 4, 1991, 105 Stat. 1267, provided that: "The amendment made by subsection (a) [amending section 204(b)(4) of Pub. L. 88–643] shall apply only to a former husband or wife of a participant or former participant whose divorce from the participant or former participant becomes final after the date of the enactment of this Act [Dec. 4, 1991]."

Pub. L. 102–88, title III, §305(b), Aug. 14, 1991, 105 Stat. 432, provided that:

"(1) The amendments made by subsection (a) [amending sections 221, 222, and 232 of Pub. L. 88–643] relating to widows or widowers shall apply in the case of a surviving spouse's remarriage occurring on or after July 27, 1989, and with respect to periods beginning after such date.

"(2) The amendments made by subsection (a) relating to former spouses shall apply with respect to any former spouse whose remarriage occurs after the date of enactment of this Act [Aug. 14, 1991]."

Amendment by section 307 of Pub. L. 102–88 (amending sections 224 and 225 of Pub. L. 88–643) effective as of Oct. 1, 1990, and no benefits provided pursuant to such amendment to be payable with respect to any period before such date, see section 307(d) of Pub. L. 102–88, set out as an Effective Date of 1991 Amendment note under section 3516 of this title.

Pub. L. 101–193, title III, §304(b), Nov. 30, 1989, 103 Stat. 1703, provided that: "The amendment made by this section [amending section 224(a)(2) of Pub. L. 88–643] shall be effective as of October 1, 1986."

Pub. L. 100–453, title III, §302(b)(2), Sept. 29, 1988, 102 Stat. 1907, provided that: "The amendments made by paragraph (1) [amending section 224 of Pub. L. 88–643] shall take effect as of October 1, 1986."

Pub. L. 100–453, title III, §302(c)(2), Sept. 29, 1988, 102 Stat. 1907, provided that: "The amendment made by paragraph (1) [amending section 225(a) of Pub. L. 88–643] shall take effect as of December 2, 1987."

Pub. L. 100–453, title III, §302(d)(3), Sept. 29, 1988, 102 Stat. 1907, provided that: "The amendment made by this subsection [amending section 221(n), (p) of Pub. L. 88–643] shall apply to marriages which occur on or after May 7, 1985."

Pub. L. 100–178, title IV, §402(c)–(e), Dec. 2, 1987, 101 Stat. 1014, provided that:

"(c)(1) Except as provided in paragraph (2), the amendments made by this section [amending section 3514 of this title and sections 221(o)(2), 232(b), and 304 of Pub. L. 88–643] shall take effect on November 15, 1982, the effective date of the Central Intelligence Agency Spouses' Retirement Equity Act of 1982.

"(2) The amendment made by subsection (b)(2) [amending section 304 of Pub. L. 88–643] shall take effect on January 1, 1987, the effective date of the Federal Employees' Retirement System Act of 1986.

"(d) Nothing in this section or any amendment made by this section shall be construed to require the forfeiture by any individual of benefits received before the date of the enactment of this Act [Dec. 2, 1987].

"(e) Nothing in this section or any amendment made by this section shall be construed to require a reduction in the level of benefits received by any individual who was receiving benefits under section 232 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [Pub. L. 88–643] before the date of enactment of this Act [Dec. 2, 1987]".

Amendment by section 302(a) of Pub. L. 99–569 (enacting section 224 of Pub. L. 88–643) effective Oct. 1, 1986, see section 302(d) of Pub. L. 99–569, set out as an Effective Date of 1986 Amendment note under section 3514 of this title.

Pub. L. 97–269, title VI, §613, Sept. 27, 1982, 96 Stat. 1154, provided that:

"(a) Except as provided in subsections (b) and (c) of this section, this title [enacting section 3514 of this title and sections 222 and 223 of Pub. L. 88–643 and amending sections 204, 211, 221, 234, and 263 of Pub. L. 88–643] shall take effect on November 15, 1982.

"(b) The provisions of section 222(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [Pub. L. 88–643], as added by this title, regarding the rights of former spouses to an annuity shall apply in the case of any individual who after the effective date of this title [Nov. 15, 1982] becomes a former spouse of an individual who separates from service with the Agency after such date.

"(c) Except to the extent provided in section 223 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [Pub. L. 88–643], the provisions of section 221(b) (as amended by this title) and the provisions of subsections (b) and (c) of section 222 of such Act, as added by this title, regarding the rights of former spouses to receive survivor annuities shall apply in the case of any individual who after the effective date of this title [Nov. 15, 1982] becomes a former spouse of a participant or former participant in the Central Intelligence Agency Retirement and Disability System."

Pub. L. 94–522, title II, §215, Oct. 17, 1976, 90 Stat. 2472, provided that:

"(a) This Act [amending Pub. L. 88–643] shall become effective October 1, 1976.

"(b) The amendments made by sections 201(a), (b), (c), and (d), 202, and 208 [amending sections 204(a), (b)(2), (3)(i), 221(b) and 232(b) of Pub. L. 88–643] shall not apply in the case of participants who died before January 8, 1971. The amendments made by section 201(e) [amending section 204 of Pub. L. 88–643] shall not apply in the case of participants who died before April 9, 1974. The rights of such persons and their survivors shall continue in the same manner and to the same extent as if such amendments had not been enacted.

"(c) The amendment made by section 203 [enacting section 221(f)(2) of Pub. L. 88–643] shall apply to a participant who married prior to enactment [Oct. 17, 1976] but only if the election is made within one year after enactment [Oct. 17, 1976].

"(d) The amendment made by section 210 [amending section 251 of Pub. L. 88–643] is effective only with respect to annuity accruing for full months beginning after January 8, 1971; but any part of a period of separation referred to in such amendment in which the participant or former participant was receiving benefits under chapter 81 of title 5, United States Code or any earlier statute on which such chapter is based shall be counted whether the person returns to duty before, on, or after January 8, 1971. With respect to any person retired before such date of enactment, any such part of a period of separation shall be counted only upon application of the retired person.

"(e) The amendment in section 211 [amending section 252(a)(2) of Pub. L. 88–643] to credit certain service in the Public Health Service is effective as of April 8, 1960, and the amendment to credit certain service in the National Oceanic and Atmospheric Administration is effective as of September 14, 1961.

"(f) The amendment in section 212 [enacting section 264 of Pub. L. 88–643] is effective as of June 30, 1974.

"(g) The amendment to recompute a reduced annuity during periods when not married in section 202 [amending section 221(b) of Pub. L. 88–643] shall apply to annuities which commence before, on, or after the date of enactment of this Act [Oct. 17, 1976], but no increase in annuity shall be paid for any period prior to November 1, 1974.

"(h) Annuity increases under sections 204 [enacting section 221(l) of Pub. L. 88–643] and 214 [set out below] shall apply to annuities which commence before, on, or after the date of enactment of this Act [Oct. 17, 1976], but no increase in annuity shall be paid for any period prior to August 1, 1974, or the date on which the annuity commences, whichever is later."

Pub. L. 93–210, §1(b), Dec. 28, 1973, 87 Stat. 908, provided that: "The amendments made by subsection (a) [amending section 291(b) of Pub. L. 88–643] shall apply only with respect to annuities which commence on or after July 2, 1973."

Pub. L. 91–185, §6, Dec. 30, 1969, 83 Stat. 849, provided that:

"(a) The amendments made by section 1 [amending section 211(a) of Pub. L. 88–643, set out above] shall become effective at the beginning of the first applicable pay period beginning after December 31, 1969.

"(b) The amendments made by sections 3, 4 [amending sections 231(a) and 232(h) of Pub. L. 88–643], and 2 [amending section 221 of Pub. L. 88–643], with the exception of 2(c) [amending subsec. (c) thereof], shall become effective October 20, 1969.

"(c) The amendments made by sections 2(c) and 5 [amending sections 221(c) and 291 of Pub. L. 88–643] shall become effective November 1, 1969.

"(d) The amendments made by sections 2(a), 2(e), 3, and 4(a)(1)–(2) [amending section 221(a), adding section 221(h), and amending sections 231(a) and 232(b) of Pub. L. 88–643] shall not apply in the cases of persons retired or otherwise separated prior to October 20, 1969, and the rights of such persons and their survivors shall continue in the same manner and to the same extent as if such sections had not been enacted."

Short Title of 1993 Amendment

Pub. L. 103–36, §1, June 8, 1993, 107 Stat. 104, provided that: "This Act [amending section 2053 of this title and enacting provisions set out as a note under section 403–4 of this title] may be cited as the 'Central Intelligence Agency Voluntary Separation Pay Act'."

Short Title of 1992 Amendment

Pub. L. 102–496, title VIII, §801, Oct. 24, 1992, 106 Stat. 3196, provided that: "This title [enacting this chapter, amending sections 403n, 403r, 403r–1, and 403s of this title, sections 8347 and 8423 of Title 5, Government Organization and Employees, section 1605 of Title 10, Armed Forces and sections 4071b to 4071d of Title 22, Foreign Relations and Intercourse, enacting provisions set out as notes under this section, and amending provisions set out as a note under section 402 of this title] may be cited as the 'CIARDS Technical Corrections Act of 1992'."

Short Title of 1982 Amendment

Pub. L. 97–269, title VI, §601, Sept. 27, 1982, 96 Stat. 1145, provided that: "This title [enacting section 403n of this title and amending Pub. L. 88–643] may be cited as the 'Central Intelligence Agency Spouses' Retirement Equity Act of 1982'."

Short Title

Pub. L. 88–643, §1(a), as added by Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3196, provided that: "This Act [enacting this chapter] may be cited as the 'Central Intelligence Agency Retirement Act'."

Savings Provision

Pub. L. 102–496, title VIII, §804, Oct. 24, 1992, 106 Stat. 3253, provided that:

"(a) Prior Elections.—Any election made under the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [Pub. L. 88–643 prior to enactment of Pub. L. 102–496, formerly set out as a note under section 403 of this title] before the effective date specified in section 805 [set out as an Effective Date note above] shall not be affected by the amendment made by section 802 [enacting this chapter] and shall be deemed to have been made under the corresponding provision of that Act as restated by section 802 as the Central Intelligence Agency Retirement Act.

"(b) References.—Any reference in any other Act, or in any Executive order, rule, or regulation, to the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, or to a provision of that Act, shall be deemed to refer to that Act and to the corresponding provision of that Act, as restated by section 802 as the Central Intelligence Agency Retirement Act."

Funding Requirements for Amendments to Pub. L. 88–643 Prior to Enactment of Pub. L. 102–496

Pub. L. 100–453, title III, §302(e), Sept. 29, 1988, 102 Stat. 1907, provided that: "Any new spending authority (within the meaning of section 401(c) of the Congressional Budget Act of 1974 [2 U.S.C. 651(c)]) provided pursuant to the amendments made by this section [enacting section 226 and amending sections 221, 224, and 225 of Pub. L. 88–643] shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriations Acts."

For provision that any new spending authority (within the meaning of section 401(c) of the Congressional Budget Act of 1974) provided pursuant to the amendments made to sections 224 and 225 of Pub. L. 88–643 by section 307 of Pub. L. 102–88 be effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts, see section 307(c) of Pub. L. 102–88, set out as a Compliance With Budget Act note under section 3516 of this title.

Central Intelligence Agency Retirement and Disability Fund; Annuity Increase Payment; Monthly Rate

Pub. L. 94–522, title II, §214, Oct. 17, 1976, 90 Stat. 2472, provided that:

"(a) An annuity payable from the Central Intelligence Agency Retirement and Disability Fund to an annuitant which is based on a separation occurring prior to October 20, 1969, is increased by $240 per annum.

"(b) In lieu of any increase based on an increase under subsection (a) of this section, an annuity payable from the Central Intelligence Agency Retirement and Disability Fund to the surviving spouse of an annuitant, which is based on a separation occurring prior to October 20, 1969, shall be increased by $132 per annum.

"(c) The monthly rate of an annuity resulting from an increase under this section shall be considered as the monthly rate of annuity payable under section 221(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 U.S.C. 403 note) [section 221 of Pub. L. 88–643 prior to enactment of Pub. L. 102–496; see 50 U.S.C. 2031(a)] for purposes of computing the minimum annuity under new section 221(l) of the Act, as added by section 204 of this Act."

Temporary Retirement Contributions and Procedures for Certain Participants

For temporary provisions providing modified contributions and procedures for officers and employees participating in the Central Intelligence Agency Retirement and Disability System who are also required to pay employment taxes relating to benefits under title II of the Social Security Act, 42 U.S.C. 401 et seq., until they are covered by a new Government retirement system or Jan. 1, 1986, whichever is earlier, see title II of Pub. L. 98–168, set out as a note under section 8331 of Title 5, Government Organization and Employees.

Contingent Once-a-Year Adjustment in Annuities

For provisions which directed the President, subject to certain conditions, to provide for a single cost-of-living adjustment in the annuities paid under the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [Pub. L. 88–643] during the period Sept. 1, 1980, to Aug. 31, 1981, and which further directed that, subject to the enactment of specified legislation providing for the adjustment of annuities paid under section 8331 et seq. of Title 5, Government Organization and Employees, the President exercise the authority vested in him under section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [Pub. L. 88–643] to provide for cost-of-living adjustments in the annuities paid under that Act on an identical basis, see Pub. L. 96–342, title VIII, §812(a)(3), (4), (b)(3), (4), (c), Sept. 8, 1980, 94 Stat. 1098, set out as a note under section 1401a of Title 10, Armed Forces.

Executive Documents

Executive Order No. 11950

Ex. Ord. No. 11950, Jan. 6, 1977, 42 F.R. 1451, conformed Central Intelligence Agency and Civil Service Retirement and Disability Systems with respect to cost of living increases in annuities when there were increases in the price index.

Executive Order No. 12023

Ex. Ord. No. 12023, Dec. 1, 1977, 42 F.R. 61443, conformed Central Intelligence Agency and Civil Service Retirement and Disability Systems with regard to allotments or assignments of moneys by annuitants.

Executive Order No. 12197

Ex. Ord. No. 12197, Mar. 5, 1980, 45 F.R. 14833, conformed Central Intelligence Agency Retirement and Disability System to amendments to Civil Service Retirement and Disability System with regard to restoration of previously reduced annuities.

Executive Order No. 12253

Ex. Ord. No. 12253, Nov. 25, 1980, 45 F.R. 78995, conformed Central Intelligence Agency and Civil Service Retirement and Disability Systems with regard to definition of "dependent".

Executive Order No. 12273

Ex. Ord. No. 12273, Jan. 16, 1981, 46 F.R. 5854, conformed Central Intelligence Agency and Civil Service Retirement and Disability Systems with regard to cost-of-living increases to annuities.

Executive Order No. 12326

Ex. Ord. No. 12326, Sept. 30, 1981, 46 F.R. 48889, as amended by Ex. Ord. No. 12443, Sept. 27, 1983, 48 F.R. 44751, conformed Central Intelligence Agency and Civil Service Retirement and Disability Systems with regard to notification of loss or reduction of survivor benefits, computation of annuities, cost-of-living increases, accuracy of information, and withholding of State income tax.

Executive Order No. 12443

Ex. Ord. No. 12443, Sept. 27, 1983, 48 F.R. 44751, conformed Central Intelligence Agency and Civil Service Retirement and Disability Systems with regard to restoration of disability retirement annuities, entitlement to and computation and payment of annuities, accuracy of information, and adjustments in amounts.

Executive Order No. 12485

Ex. Ord. No. 12485, July 13, 1984, 49 F.R. 28827, conformed Central Intelligence Agency Retirement and Disability System and Civil Service Retirement and Disability System with regard to prior service credit.

Executive Order No. 12684

Ex. Ord. No. 12684, July 27, 1989, 54 F.R. 31643, conformed Central Intelligence Agency and Civil Service Retirement and Disability Systems with regard to considering part-time service in computing annuities and remarriage of surviving spouses.

§2002. Definitions relating to participants and annuitants

(a) General definitions

When used in subchapter II:

(1) Former participant

The term "former participant" means a person who—

(A) while an employee of the Agency was a participant in the system; and

(B) separates from the Agency without entitlement to immediate receipt of an annuity from the fund.

(2) Retired participant

The term "retired participant" means a person who—

(A) while an employee of the Agency was a participant in the system; and

(B) is entitled to receive an annuity from the fund based upon such person's service as a participant.

(3) Surviving spouse

(A) In general

The term "surviving spouse" means the surviving wife or husband of a participant or retired participant who (i) was married to the participant or retired participant for at least 9 months immediately preceding the participant's or retired participant's death, or (ii) who is the parent of a child born of the marriage.

(B) Treatment when participant dies less than 9 months after marriage

In a case in which the participant or retired participant dies within the 9-month period beginning on the date of the marriage, the requirement under subparagraph (A)(i) that a marriage have a duration of at least 9 months immediately preceding the death of the participant or retired participant shall be treated as having been met if—

(i) the death of the participant or retired participant was accidental; or

(ii) the surviving wife or husband had been previously married to the participant or retired participant (and subsequently divorced) and the aggregate time married is at least 9 months.

(4) Former spouse

The term "former spouse" means a former wife or husband of a participant, former participant, or retired participant as follows:

(A) Divorces on or before December 4, 1991

In the case of a divorce that became final on or before December 4, 1991, such term means a former wife or husband of a participant, former participant, or retired participant who was married to such participant for not less than 10 years during periods of the participant's creditable service, at least 5 years of which were spent outside the United States by both such participant and former wife or husband during the participant's service as an employee of the Agency.

(B) Divorces after December 4, 1991

In the case of a divorce that becomes final after December 4, 1991, such term means a former wife or husband of a participant, former participant, or retired participant who was married to such participant for not less than 10 years during periods of the participant's creditable service, at least 5 years of which were spent by the participant during the participant's service as an employee of the Agency (i) outside the United States, or (ii) otherwise in a position the duties of which qualified the participant for designation by the Director as a participant under section 2013 of this title.

(C) Creditable service

For purposes of subparagraphs (A) and (B), the term "creditable service" means all periods of a participant's service that are creditable under sections 2081, 2082, and 2083 of this title.

(5) Previous spouse

The term "previous spouse" means an individual who was married for at least 9 months to a participant, former participant, or retired participant who had at least 18 months of service which are creditable under sections 2081, 2082, and 2083 of this title.

(6) Spousal agreement

The term "spousal agreement" means an agreement between a participant, former participant, or retired participant and the participant, former participant, or retired participant's spouse or former spouse that—

(A) is in writing, is signed by the parties, and is notarized;

(B) has not been modified by court order; and

(C) has been authenticated by the Director.

(7) Court order

The term "court order" means—

(A) a court decree of divorce, annulment, or legal separation; or

(B) a court order or court-approved property settlement agreement incident to such court decree of divorce, annulment, or legal separation.

(8) Court

The term "court" means a court of a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court.

(b) "Child" defined

For purposes of sections 2031 and 2052 of this title:

(1) In general

The term "child" means any of the following:

(A) Minor children

An unmarried dependent child under 18 years of age, including—

(i) an adopted child;

(ii) a stepchild, but only if the stepchild lived with the participant or retired participant in a regular parent-child relationship;

(iii) a recognized natural child; and

(iv) a child who lived with the participant, for whom a petition of adoption was filed by the participant or retired participant, and who is adopted by the surviving spouse after the death of the participant or retired participant.

(B) Disabled adult children

An unmarried dependent child, regardless of age, who is incapable of self-support because of a physical or mental disability incurred before age 18.

(C) Students

An unmarried dependent child between 18 and 22 years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution.

(2) Special rules for students

(A) Extension of age termination of status as "child"

For purposes of this subsection, a child whose 22nd birthday occurs before July 1 or after August 31 of a calendar year, and while regularly pursuing such a course of study or training, shall be treated as having attained the age of 22 on the first day of July following that birthday.

(B) Treatment of interim period between school years

A child who is a student is deemed not to have ceased to be a student during an interim between school years if the interim does not exceed 5 months and if the child shows to the satisfaction of the Director that the child has a bona fide intention of continuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately following the interim.

(3) "Dependent" defined

For purposes of this subsection, the term "dependent", with respect to the child of a participant or retired participant, means that the participant or retired participant was, at the time of the death of the participant or retired participant, either living with or contributing to the support of the child, as determined in accordance with regulations prescribed under subchapter II.

(4) Exclusion of stepchildren from lump-sum payment

For purposes of section 2071(c) of this title, the term "child" includes an adopted child and a natural child, but does not include a stepchild.

(Pub. L. 88–643, title I, §102, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3198.)

Editorial Notes

Prior Provisions

A prior section 111 of Pub. L. 88–643, title I, Oct. 13, 1964, 78 Stat. 1043; Pub. L. 94–522, title I, §101, Oct. 17, 1976, 90 Stat. 2467, provided definitions for Pub. L. 88–643 and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

SUBCHAPTER II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Part A—Establishment of System

§2011. CIARDS system

(a) In general

(1) Establishment of system

There is a retirement and disability system for certain employees of the Central Intelligence Agency known as the Central Intelligence Agency Retirement and Disability System (hereinafter in this chapter referred to as the "system"), originally established pursuant to title II of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees.

(2) DCI regulations

The Director shall prescribe regulations for the system. The Director shall submit any proposed regulations for the system to the congressional intelligence committees not less than 14 days before they take effect.

(b) Administration of system

The Director shall administer the system in accordance with regulations prescribed under this subchapter and with the principles established by this subchapter.

(c) Finality of decisions of DCI

In the interests of the security of the foreign intelligence activities of the United States and in order further to implement section 3024(i) of this title that the Director of National Intelligence shall be responsible for protecting intelligence sources and methods from unauthorized disclosure, and notwithstanding the provisions of chapter 7 of title 5 or any other provision of law (except section 2155(b) of this title), any determination by the Director authorized by this chapter shall be final and conclusive and shall not be subject to review by any court.

(Pub. L. 88–643, title II, §201, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3201; amended Pub. L. 103–178, title II, §202(a)(2), Dec. 3, 1993, 107 Stat. 2026; Pub. L. 105–272, title IV, §403(b), Oct. 20, 1998, 112 Stat. 2404; Pub. L. 108–458, title I, §1072(c), Dec. 17, 2004, 118 Stat. 3693.)

Editorial Notes

References in Text

The Central Intelligence Agency Retirement Act of 1964 for Certain Employees, referred to in subsec. (a)(1), is Pub. L. 88–643, Oct. 13, 1964, 78 Stat. 1043, which was formerly set out as a note under section 403 of this title. Pub. L. 88–643 was revised generally by Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3196, and is now known as the Central Intelligence Agency Retirement Act. As so revised, title II of Pub. L. 88–643 is classified generally to this subchapter.

Prior Provisions

A prior section 201 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1043; Pub. L. 98–618, title III, §302, Nov. 8, 1984, 98 Stat. 3300; Pub. L. 99–335, title V, §501(1), June 6, 1986, 100 Stat. 622, related to rules and regulations and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Amendments

2004—Subsec. (c). Pub. L. 108–458 substituted "section 403–1(i) of this title that the Director of National Intelligence" for "paragraph (6) of section 403–3(c) of this title that the Director of Central Intelligence".

1998—Subsec. (c). Pub. L. 105–272 substituted "paragraph (6) of section 403–3(c) of this title" for "section 403–3(c)(5) of this title".

1993—Subsec. (c). Pub. L. 103–178 substituted "section 403–3(c)(5) of this title" for "the proviso of section 403(d)(3) of this title".

Statutory Notes and Related Subsidiaries

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 3001 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 3001 of this title.

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2012. Central Intelligence Agency Retirement and Disability Fund

The Director shall maintain the fund in the Treasury known as the "Central Intelligence Agency Retirement and Disability Fund" (hereinafter in this chapter referred to as the "fund"), originally created pursuant to title II of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees.

(Pub. L. 88–643, title II, §202, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3201.)

Editorial Notes

References in Text

The Central Intelligence Agency Retirement Act of 1964 for Certain Employees, referred to in text, is Pub. L. 88–643, Oct. 13, 1964, 78 Stat. 1043, which was formerly set out as a note under section 403 of this title. Pub. L. 88–643 was revised generally by Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3196, and is now known as the Central Intelligence Agency Retirement Act. As so revised, title II of Pub. L. 88–643 is classified generally to this subchapter.

Prior Provisions

A prior section 202 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1043, related to establishment and maintenance of the Central Intelligence Agency Retirement and Disability Fund and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2013. Participants in CIARDS system

(a) Designation of participants

The Director may from time to time designate employees of the Agency who shall be entitled to participate in the system. Employees so designated who elect to participate in the system are referred to in this chapter as "participants".

(b) Qualifying service

Designation of employees under this section may be made only from among employees of the Agency who have completed at least 5 years of qualifying service. For purposes of this chapter, qualifying service is service performed by an Agency employee in carrying out duties that are determined by the Director—

(1) to be in support of intelligence activities abroad hazardous to life or health; or

(2) to be so specialized because of security requirements as to be clearly distinguishable from normal government employment.

(c) Election of employee to be participant

(1) Permanence of election

An employee of the Agency who elects to accept designation as a participant in the system shall remain a participant of the system for the duration of that individual's employment with the Agency.

(2) Irrevocability of election

Such an election shall be irrevocable except as and to the extent provided in section 2151(d) of this title.

(3) Election not subject to approval

An election under this section is not subject to review or approval by the Director.

(Pub. L. 88–643, title II, §203, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3202; amended Pub. L. 113–126, title II, §202(a), July 7, 2014, 128 Stat. 1394.)

Editorial Notes

Prior Provisions

A prior section 203 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1044; Pub. L. 102–88, title III, §303, Aug. 14, 1991, 105 Stat. 431, related to participants in the system and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Amendments

2014—Subsec. (b). Pub. L. 113–126, §202(a)(1), substituted "service performed by an Agency employee" for "service in the Agency performed" in introductory provisions.

Subsec. (b)(1). Pub. L. 113–126, §202(a)(2), substituted "intelligence activities" for "Agency activities".

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

Application of 2014 Amendment

Pub. L. 113–126, title II, §202(b), July 7, 2014, 128 Stat. 1394, provided that: "The amendment made by subsection (a) [amending this section] shall be applied to retired or deceased officers of the Central Intelligence Agency who were designated at any time under section 203 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2013) prior to the date of the enactment of this Act [July 7, 2014]."

§2014. Annuitants

Persons who are annuitants under the system are—

(1) those persons who, on the basis of their service in the Agency, have met all requirements for an annuity under this subchapter or any other Act and are receiving an annuity from the fund; and

(2) those persons who, on the basis of someone else's service, meet all the requirements under this subchapter or any other Act for an annuity payable from the fund.

(Pub. L. 88–643, title II, §204, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3202.)

Editorial Notes

Prior Provisions

A prior section 204 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1044; Pub. L. 91–626, §1, Dec. 31, 1970, 84 Stat. 1872; Pub. L. 94–552, title II, §201, Oct. 17, 1976, 90 Stat. 2468; Pub. L. 97–269, title VI, §602, Sept. 27, 1982, 96 Stat. 1145; Pub. L. 99–335, title V, §501(2), June 6, 1986, 100 Stat. 622; Pub. L. 102–88, title III, §302, Aug. 14, 1991, 105 Stat. 431; Pub. L. 102–183, title III, §§302(c), 310(a), Dec. 4, 1991, 105 Stat. 1263, 1266, related to annuitants under the system and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

Part B—Contributions

§2021. Contributions to fund

(a) In general

(1) Definition

In this subsection, the term "revised annuity participant" means an individual who—

(A) on December 31, 2012—

(i) is not a participant;

(ii) is not performing qualifying service; and

(iii) has less than 5 years of qualifying service; and

(B) after December 31, 2012, becomes a participant performing qualifying service.

(2) Contributions

(A) In general

Except as provided in subsection (d), 7 percent of the basic pay received by a participant other than a revised annuity participant for any pay period shall be deducted and withheld from the pay of that participant and contributed to the fund.

(B) Revised annuity participants

Except as provided in subsection (d), 9.3 percent of the basic pay received by a revised annuity participant for any pay period shall be deducted and withheld from the pay of that revised annuity participant and contributed to the fund.

(3) Agency contributions

(A) In general

An amount equal to 7 percent of the basic pay received by a participant other than a revised annuity participant shall be contributed to the fund for a pay period for the participant from the appropriation or fund which is used for payment of the participant's basic pay.

(B) Revised annuity participants

An amount equal to 4.7 percent of the basic pay received by a revised annuity participant shall be contributed to the fund for a pay period for the revised annuity participant from the appropriation or fund which is used for payment of the revised annuity participant's basic pay.

(4) Deposits to the fund

The amounts deducted and withheld from basic pay, together with the amounts so contributed from the appropriation or fund, shall be deposited by the Director to the credit of the fund.

(b) Consent of participant to deductions from pay

Each participant shall be deemed to consent and agree to such deductions from basic pay, and payment less such deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for all regular services during the period covered by such payment, except the right to the benefits to which the participant is entitled under this subchapter, notwithstanding any law, rule, or regulation affecting the individual's pay.

(c) Treatment of contributions after 35 years of service

(1) Accrual of interest

Amounts deducted and withheld from the basic pay of a participant under this section for pay periods after the first day of the first pay period beginning after the day on which the participant completes 35 years of creditable service computed under sections 2081 and 2082 of this title (excluding service credit for unused sick leave under section 2031(a)(2) of this title) shall accrue interest. Such interest shall accrue at the rate of 3 percent a year through December 31, 1984, and thereafter at the rate computed under section 8334(e) of title 5, and shall be compounded annually from the date on which the amount is so deducted and withheld until the date of the participant's retirement or death.

(2) Use of amounts withheld after 35 years of service

(A) Use for deposits due under section 2082(b)

Amounts described in paragraph (1), including interest accrued on such amounts, shall be applied upon the participant's retirement or death toward any deposit due under section 2082(b) of this title.

(B) Lump-sum payment

Any balance of such amounts not so required for such a deposit shall be refunded to the participant in a lump sum after the participant's separation (or, in the event of a death in service, to a beneficiary in order of precedence specified in section 2071(c) of this title), subject to prior notification of a current spouse, if any, unless the participant establishes to the satisfaction of the Director, in accordance with regulations which the Director may prescribe, that the participant does not know, and has taken all reasonable steps to determine, the whereabouts of the current spouse.

(C) Purchases of additional elective benefits

In lieu of such a lump-sum payment, the participant may use such amounts—

(i) to purchase an additional annuity in accordance with section 2121 of this title; or

(ii) provide any additional survivor benefit for a current or former spouse or spouses.

(d) Offset for social security taxes

(1) Persons covered

In the case of a participant who was a participant subject to this subchapter before January 1, 1984, and whose service—

(A) is employment for the purposes of title II of the Social Security Act [42 U.S.C. 401 et seq.] and chapter 21 of title 26, and

(B) is not creditable service for any purpose under subchapter III of this chapter or chapter 84 of title 5,

there shall be deducted and withheld from the basic pay of the participant under this section during any pay period only the amount computed under paragraph (2).

(2) Reduction in contribution

The amount deducted and withheld from the basic pay of a participant during any pay period pursuant to paragraph (1) shall be the excess of—

(A) the amount determined by multiplying the percent applicable to the participant under subsection (a) by the basic pay payable to the participant for that pay period, over

(B) the amount of the taxes deducted and withheld from such basic pay under section 3101(a) of title 26 (relating to old-age, survivors, and disability insurance) for that pay period.

(Pub. L. 88–643, title II, §211, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3202; amended Pub. L. 103–178, title II, §202(a)(3), Dec. 3, 1993, 107 Stat. 2026; Pub. L. 112–96, title V, §5003, Feb. 22, 2012, 126 Stat. 200; Pub. L. 118–31, div. G, title IX, §7901(d)(1), Dec. 22, 2023, 137 Stat. 1106.)

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (d)(1)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Prior Provisions

A prior section 211 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1045; Pub. L. 91–185, §1, Dec. 30, 1969, 83 Stat. 847; Pub. L. 97–269, title VI, §611, Sept. 27, 1982, 96 Stat. 1153; Pub. L. 99–335, title V, §§501(2), 502, June 6, 1986, 100 Stat. 622, 623; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095, related to compulsory contributions to the fund and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Amendments

2023—Subsec. (c)(2)(B). Pub. L. 118–31 substituted "section 2071(c)" for "subsection 2071(c)".

2012—Subsec. (a). Pub. L. 112–96 added pars. (1) to (3), redesignated former par. (3) as (4), and struck out former pars. (1) and (2) which related to participant's contributions and agency contributions, respectively.

1993—Subsec. (c)(2)(B). Pub. L. 103–178 substituted "prior notification of a current spouse, if any, unless the participant establishes to the satisfaction of the Director, in accordance with regulations which the Director may prescribe, that the participant does not know, and has taken all reasonable steps to determine, the whereabouts of the current spouse" for "the requirement under section 2071(b)(4) of this title".

Statutory Notes and Related Subsidiaries

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

Temporary Adjustment of Contribution Levels

Pub. L. 106–346, §101(a) [title V, §505(g)], Oct. 23, 2000, 114 Stat. 1356, 1356A-54, provided that: "Notwithstanding [former] section 211(a)(2) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2021(a)(2)), during the period beginning on October 1, 2002, through December 31, 2002, the Central Intelligence Agency shall contribute 7.5 percent of the basic pay of an employee participating in the Central Intelligence Agency Retirement and Disability System in lieu of the agency contribution otherwise required under section 211(a)(2) of such Act."

Pub. L. 105–33, title VII, §7001(c)(1), (2), Aug. 5, 1997, 111 Stat. 658, as amended by Pub. L. 106–346, §101(a) [title V, §505(c)(1)], Oct. 23, 2000, 114 Stat. 1356, 1356A-53, provided that:

"(1) Agency contributions.—Notwithstanding [former] section 211(a)(2) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2021(a)(2)), during the period beginning on October 1, 1997, through September 30, 2002, the Central Intelligence Agency shall contribute 8.51 percent of the basic pay of an employee participating in the Central Intelligence Agency Retirement and Disability System in lieu of the agency contribution otherwise required under section 211(a)(2) of such Act.

"(2) Individual deductions, withholdings, and deposits.—Notwithstanding [former] section 211(a)(1) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2021(a)(1)) beginning on January 1, 1999, through December 31, 2000, the percentage deducted and withheld from the basic pay of an employee participating in the Central Intelligence Agency Retirement and Disability System shall be as follows:

Part C—Computation of Annuities

§2031. Computation of annuities

(a) Annuity of participant

(1) Computation of annuity

The annuity of a participant is the product of—

(A) the participant's high-3 average pay (as defined in paragraph (4)); and

(B) the number of years, not exceeding 35, of service credit (determined in accordance with sections 2081 and 2082 of this title) multiplied by 2 percent.

(2) Credit for unused sick leave

The total service of a participant who retires on an immediate annuity (except under section 2051 of this title) or who dies leaving a survivor or survivors entitled to an annuity shall include (without regard to the 35-year limitation prescribed in paragraph (1)) the days of unused sick leave to the credit of the participant. Days of unused sick leave may not be counted in determining average basic pay or eligibility for an annuity under this subchapter. A deposit shall not be required for days of unused sick leave credited under this paragraph.

(3) Crediting of part-time service

(A) In general

In the case of a participant whose service includes service on a part-time basis performed after April 6, 1986, the participant's annuity shall be the sum of the amounts determined under subparagraphs (B) and (C).

(B) Computation of pre-April 7, 1986, annuity

The portion of an annuity referred to in subparagraph (A) with respect to service before April 7, 1986, shall be the amount computed under paragraph (1) using the participant's length of service before that date (increased by the unused sick leave to the credit of the participant at the time of retirement) and the participant's high-3 average pay, as determined by using the annual rate of basic pay that would be payable for full-time service in that position.

(C) Computation of post-April 6, 1986, annuity

The portion of an annuity referred to in subparagraph (A) with respect to service after April 6, 1986, shall be the product of—

(i) the amount computed under paragraph (1), using the participant's length of service after that date and the participant's high-3 average pay, as determined by using the annual rate of basic pay that would be payable for full-time service; and

(ii) the ratio which the participant's actual service after April 6, 1986 (as determined by prorating the participant's total service after that date to reflect the service that was performed on a part-time basis) bears to the total service after that date that would be creditable for the participant if all the service had been performed on a full-time basis.

(D) Treatment of employment on temporary or intermittent basis

Employment on a temporary or intermittent basis shall not be considered to be service on a part-time basis for purposes of this paragraph.

(4) High-3 average pay defined

For purposes of this subsection, a participant's high-3 average pay is the amount of the participant's average basic pay for the highest 3 consecutive years of the participant's service for which full contributions have been made to the fund.

(5) Computation of service

In determining the aggregate period of service upon which an annuity is to be based, any fractional part of a month shall not be counted.

(b) Spouse or former spouse survivor annuity

(1) Reduction in participant's annuity to provide spouse or former spouse survivor annuity

(A) General rule

Except to the extent provided otherwise under a written election under subparagraph (B) or (C), if at the time of retirement a participant or former participant is married (or has a former spouse who has not remarried before attaining age 55), the participant shall receive a reduced annuity and provide a survivor annuity for the participant's spouse under this subsection or former spouse under section 2032(b) of this title, or a combination of such annuities, as the case may be.

(B) Joint election for waiver or reduction of spouse survivor annuity

A married participant or former participant and the participant's spouse may jointly elect in writing at the time of retirement to waive a survivor annuity for that spouse under this section or to reduce such survivor annuity under this section by designating a portion of the annuity of the participant as the base for the survivor annuity. If the marriage is dissolved following an election for such a reduced annuity and the spouse qualifies as a former spouse, the base used in calculating any annuity of the former spouse under section 2032(b) of this title may not exceed the portion of the participant's annuity designated under this subparagraph.

(C) Joint election of participant and former spouse

If a participant or former participant has a former spouse, such participant and the participant's former spouse may jointly elect by spousal agreement under section 2094(b) of this title to waive, reduce, or increase a survivor annuity under section 2032(b) of this title for that former spouse. Any such election must be made (i) before the end of the 2-year period beginning on the date on which the divorce or annulment involving that former spouse becomes final, or (ii) at the time of retirement of the participant, whichever is later.

(D) Unilateral elections in absence of spouse or former spouse

The Director may prescribe regulations under which a participant or former participant may make an election under subparagraph (B) or (C) without the participant's spouse or former spouse if the participant establishes to the satisfaction of the Director that the participant does not know, and has taken all reasonable steps to determine, the whereabouts of the spouse or former spouse.

(2) Amount of reduction in participant's annuity

The annuity of a participant or former participant providing a survivor annuity under this section (or section 2032(b) of this title), excluding any portion of the annuity not designated or committed as a base for any survivor annuity, shall be reduced by 2½ percent of the first $3,600 plus 10 percent of any amount over $3,600. The reduction under this paragraph shall be calculated before any reduction under section 2032(a)(5) of this title.

(3) Amount of surviving spouse annuity

(A) In general

If a retired participant receiving a reduced annuity under this subsection dies and is survived by a spouse, a survivor annuity shall be paid to the surviving spouse. The amount of the annuity shall be equal to 55 percent of (i) the full amount of the participant's annuity computed under subsection (a), or (ii) any lesser amount elected as the base for the survivor annuity under paragraph (1)(B).

(B) Limitation

Notwithstanding subparagraph (A), the amount of the annuity calculated under subparagraph (A) for a surviving spouse in any case in which there is also a surviving former spouse of the retired participant who qualifies for an annuity under section 2032(b) of this title may not exceed 55 percent of the portion (if any) of the base for survivor annuities which remains available under section 2032(b)(4)(B) of this title.

(C) Effective date and termination of annuity

An annuity payable from the fund to a surviving spouse under this paragraph shall commence on the day after the retired participant dies and shall terminate on the last day of the month before the surviving spouse's death or remarriage before attaining age 55. If such survivor annuity is terminated because of remarriage, it shall be restored at the same rate commencing on the date such remarriage is dissolved by death, annulment, or divorce if any lump sum paid upon termination of the annuity is returned to the fund.

(c) 18-month open period after retirement to provide spouse coverage

(1) Survivor annuity elections

(A) Election when spouse coverage waived at time of retirement

A participant or former participant who retires after March 31, 1992 and who—

(i) is married at the time of retirement; and

(ii) elects at that time (in accordance with subsection (b)) to waive a survivor annuity for the spouse,

may, during the 18-month period beginning on the date of the retirement of the participant, elect to have a reduction under subsection (b) made in the annuity of the participant (or in such portion thereof as the participant may designate) in order to provide a survivor annuity for the participant's spouse.

(B) Election when reduced spouse annuity elected

A participant or former participant who retires after March 31, 1992, and—

(i) who, at the time of retirement, is married, and

(ii) who, at that time designates (in accordance with subsection (b)) that a portion of the annuity of such participant is to be used as the base for a survivor annuity,

may, during the 18-month period beginning on the date of the retirement of such participant, elect to have a greater portion of the annuity of such participant so used.

(2) Deposit required

(A) Requirement

An election under paragraph (1) shall not be effective unless the amount specified in subparagraph (B) is deposited into the fund before the end of that 18-month period.

(B) Amount of deposit

The amount to be deposited with respect to an election under this subsection is the amount equal to the sum of the following:

(i) Additional cost to system

The additional cost to the system that is associated with providing a survivor annuity under subsection (b) and that results from such election, taking into account—

(I) the difference (for the period between the date on which the annuity of the participant or former participant commences and the date of the election) between the amount paid to such participant or former participant under this subchapter and the amount which would have been paid if such election had been made at the time the participant or former participant applied for the annuity; and

(II) the costs associated with providing for the later election.

(ii) Interest

Interest on the additional cost determined under clause (i), computed using the interest rate specified or determined under section 8334(e) of title 5 for the calendar year in which the amount to be deposited is determined.

(3) Voiding of previous elections

An election by a participant or former participant under this subsection voids prospectively any election previously made in the case of such participant under subsection (b).

(4) Reductions in annuity

An annuity that is reduced in connection with an election under this subsection shall be reduced by the same percentage reductions as were in effect at the time of the retirement of the participant or former participant whose annuity is so reduced.

(5) Rights and obligations resulting from reduced annuity election

Rights and obligations resulting from the election of a reduced annuity under this subsection shall be the same as the rights and obligations that would have resulted had the participant involved elected such annuity at the time of retirement.

(d) Annuities for surviving children

(1) Participants dying before April 1, 1992

In the case of a retired participant who died before April 1, 1992, and who is survived by a child or children—

(A) if the retired participant was survived by a spouse, there shall be paid from the fund to or on behalf of each such surviving child an annuity determined under paragraph (3)(A); and

(B) if the retired participant was not survived by a spouse, there shall be paid from the fund to or on behalf of each such surviving child an annuity determined under paragraph (3)(B).

(2) Participants dying on or after April 1, 1992

In the case of a retired participant who dies on or after April 1, 1992, and who is survived by a child or children—

(A) if the retired participant is survived by a spouse or former spouse who is the natural or adoptive parent of a surviving child of the participant, there shall be paid from the fund to or on behalf of each such surviving child an annuity determined under paragraph (3)(A); and

(B) if the retired participant is not survived by a spouse or former spouse who is the natural or adoptive parent of a surviving child of the participant, there shall be paid to or on behalf of each such surviving child an annuity determined under paragraph (3)(B).

(3) Amount of annuity

(A) The annual amount of an annuity for the surviving child of a participant covered by paragraph (1)(A) or (2)(A) of this subsection (or covered by paragraph (1)(A) or (2)(A) of section 2052(c) of this title) is the smallest of the following:

(i) 60 percent of the participant's high-3 average pay, as determined under subsection (a)(4), divided by the number of children.

(ii) $900, as adjusted under section 2131 of this title.

(iii) $2,700, as adjusted under section 2131 of this title, divided by the number of children.

(B) The amount of an annuity for the surviving child of a participant covered by paragraph (1)(B) or (2)(B) of this subsection (or covered by paragraph (1)(B) or (2)(B) of section 2052(c) of this title) is the smallest of the following:

(i) 75 percent of the participant's high-3 average pay, as determined under subsection (a)(4), divided by the number of children.

(ii) $1,080, as adjusted under section 2131 of this title.

(iii) $3,240, as adjusted under section 2131 of this title, divided by the number of children.

(4) Recomputation of child annuities

(A) In the case of a child annuity payable under paragraph (1), upon the death of a surviving spouse or the termination of the annuity of a child, the annuities of any remaining children shall be recomputed and paid as though the spouse or child had not survived the retired participant.

(B) In the case of a child annuity payable under paragraph (2), upon the death of a surviving spouse or former spouse or termination of the annuity of a child, the annuities of any remaining children shall be recomputed and paid as though the spouse, former spouse, or child had not survived the retired participant. If the annuity of a surviving child who has not been receiving an annuity is initiated or resumed, the annuities of any other children shall be recomputed and paid from that date as though the annuities of all currently eligible children were then being initiated.

(5) "Former spouse" defined

For purposes of this subsection, the term "former spouse" includes any former wife or husband of the retired participant, regardless of the length of marriage or the amount of creditable service completed by the participant.

(e) Commencement and termination of child annuities

(1) Commencement

An annuity payable to a child under subsection (d), or under section 2052(c) of this title, shall begin on the day after the date on which the participant or retired participant dies or, in the case of an individual over the age of 18 who is not a child within the meaning of section 2002(b) of this title, shall begin or resume on the first day of the month in which the individual later becomes or again becomes a student as described in section 2002(b) of this title. Such annuity may not commence until any lump-sum that has been paid is returned to the fund.

(2) Termination

Such an annuity shall terminate on the last day of the month before the month in which the recipient of the annuity dies or no longer qualifies as a child (as defined in section 2002(b) of this title).

(f) Participants not married at time of retirement

(1) Designation of persons with insurable interest

(A) Authority to make designation

Subject to the rights of former spouses under subsection (b) of this section and section 2032 of this title, at the time of retirement an unmarried participant found by the Director to be in good health may elect to receive an annuity reduced in accordance with subparagraph (B) and designate in writing an individual having an insurable interest in the participant to receive an annuity under the system after the participant's death. The amount of such an annuity shall be equal to 55 percent of the participant's reduced annuity.

(B) Reduction in participant's annuity

The annuity payable to the participant making such election shall be reduced by 10 percent of an annuity computed under subsection (a) and by an additional 5 percent for each full 5 years the designated individual is younger than the participant. The total reduction under this subparagraph may not exceed 40 percent.

(C) Commencement of survivor annuity

The annuity payable to the designated individual shall begin on the day after the retired participant dies and terminate on the last day of the month before the designated individual dies.

(D) Recomputation of participant's annuity on death of designated individual

An annuity which is reduced under this paragraph shall, effective the first day of the month following the death of the designated individual, be recomputed and paid as if the annuity had not been so reduced.

(2) Election of survivor annuity upon subsequent marriage

A participant who is unmarried at the time of retirement and who later marries may irrevocably elect, in a signed writing received by the Director within two years after the marriage, to receive a reduced annuity as provided in subsection (b). Such election and reduction shall be effective on the first day of the month beginning 9 months after the date of marriage. The election voids prospectively any election previously made under paragraph (1).

(g) Effect of divorce after retirement

(1) Recomputation of retired participant's annuity upon divorce

An annuity which is reduced under this section (or any similar prior provision of law) to provide a survivor annuity for a spouse shall, if the marriage of the retired participant to such spouse is dissolved, be recomputed and paid for each full month during which a retired participant is not married (or is remarried, if there is no election in effect under paragraph (2)) as if the annuity had not been so reduced, subject to any reduction required to provide a survivor annuity under subsection (b) or (c) of section 2032 of this title or under section 2036 of this title.

(2) Election of survivor annuity upon subsequent remarriage

(A) In general

Upon remarriage, the retired participant may irrevocably elect, by means of a signed writing received by the Director within two years after such remarriage, to receive a reduced annuity for the purpose of providing an annuity for the new spouse of the retired participant in the event such spouse survives the retired participant. Such reduction shall be equal to the reduction in effect immediately before the dissolution of the previous marriage (unless such reduction is adjusted under section 2032(b)(5) of this title or elected under subparagraph (B)).

(B) When annuity previously not (or not fully) reduced

(i) Election

If the retired participant's annuity was not reduced (or was not fully reduced) to provide a survivor annuity for the participant's spouse or former spouse as of the time of retirement, the retired participant may make an election under the first sentence of subparagraph (A) upon remarriage to a spouse other than the spouse at the time of retirement. For any remarriage that occurred before August 14, 1991, the retired participant may make such an election within 2 years after such date.

(ii) Deposit required

(I) The retired participant shall, within two years after the date of the remarriage (or by August 14, 1993 for any remarriage that occurred before August 14, 1991), deposit in the fund an amount determined by the Director, as nearly as may be administratively feasible, to reflect the amount by which the retired participant's annuity would have been reduced if the election had been in effect since the date the annuity commenced, plus interest.

(II) The annual rate of interest for each year during which the retired participant's annuity would have been reduced if the election had been in effect since the date the annuity commenced shall be 6 percent.

(III) If the retired participant does not make the deposit, the Director shall collect such amount by offset against the participant's annuity, up to a maximum of 25 percent of the net annuity otherwise payable to the retired participant, and the retired participant is deemed to consent to such offset.

(IV) The deposit required by this subparagraph may be made by the surviving spouse of the retired participant.

(C) Effects of election

An election under this paragraph and the reduction in the participant's annuity shall be effective on the first day of the month beginning 9 months after the date of remarriage. A survivor annuity elected under this paragraph shall be treated in all respects as a survivor annuity under subsection (b).

(h) Conditional election of insurable interest survivor annuity by participants married at the time of retirement

(1) Authority to make designation

Subject to the rights of former spouses under subsection (b) and section 2032 of this title, at the time of retirement a married participant found by the Director to be in good health may elect to receive an annuity reduced in accordance with subsection (f)(1)(B) and designate in writing an individual having an insurable interest in the participant to receive an annuity under the system after the participant's death, except that any such election to provide an insurable interest survivor annuity to the participant's spouse shall only be effective if the participant's spouse waives the spousal right to a survivor annuity under this chapter. The amount of the annuity shall be equal to 55 percent of the participant's reduced annuity.

(2) Reduction in participant's annuity

The annuity payable to the participant making such election shall be reduced by 10 percent of an annuity computed under subsection (a) and by an additional 5 percent for each full 5 years the designated individual is younger than the participant. The total reduction under this subparagraph may not exceed 40 percent.

(3) Commencement of survivor annuity

The annuity payable to the designated individual shall begin on the day after the retired participant dies and terminate on the last day of the month before the designated individual dies.

(4) Recomputation of participant's annuity on death of designated individual

An annuity that is reduced under this subsection shall, effective the first day of the month following the death of the designated individual, be recomputed and paid as if the annuity had not been so reduced.

(i) Coordination of annuities

(1) Surviving spouse

A surviving spouse whose survivor annuity was terminated because of remarriage before attaining age 55 shall not be entitled under subsection (b)(3)(C) to the restoration of that survivor annuity payable from the fund unless the surviving spouse elects to receive it instead of any other survivor annuity to which the surviving spouse may be entitled under the system or any other retirement system for Government employees by reason of the remarriage.

(2) Former spouse

A surviving former spouse of a participant or retired participant shall not become entitled under section 2032(b) or 2034 of this title to a survivor annuity or to the restoration of a survivor annuity payable from the fund unless the surviving former spouse elects to receive it instead of any other survivor annuity to which the surviving former spouse may be entitled under this or any other retirement system for Government employees on the basis of a marriage to someone other than the participant.

(3) Surviving spouse of post-retirement marriage

A surviving spouse who married a participant after the participant's retirement shall be entitled to a survivor annuity payable from the fund only upon electing that annuity instead of any other survivor annuity to which the surviving spouse may be entitled under this or any other retirement system for Government employees on the basis of a marriage to someone other than the retired participant.

(j) Supplemental survivor annuities

(1) Spouse of recalled annuitant

A married recalled annuitant who reverts to retired status with entitlement to a supplemental annuity under section 2111(b) of this title shall, unless the annuitant and the annuitant's spouse jointly elect in writing to the contrary at the time of reversion to retired status, have the supplemental annuity reduced by 10 percent to provide a supplemental survivor annuity for the annuitant's spouse. Such supplemental survivor annuity shall be equal to 55 percent of the supplemental annuity of the annuitant.

(2) Regulations

The Director shall prescribe regulations to provide for the application of paragraph (1) of this subsection and of subsection (b) of section 2111 of this title in any case in which an annuitant has a former spouse who was married to the recalled annuitant at any time during the period of recall service and who qualifies for an annuity under section 2032(b) of this title.

(k) Offset of annuities by amount of social security benefit

Notwithstanding any other provision of this subchapter, an annuity (including a disability annuity) payable under this subchapter to an individual described in sections 2021(d)(1) and 2151(c)(1) of this title and any survivor annuity payable under this subchapter on the basis of the service of such individual shall be reduced in a manner consistent with section 8349 of title 5, under conditions consistent with the conditions prescribed in that section.

(l) Information from other agencies

(1) Other agencies

For the purpose of ensuring the accuracy of the information used in the determination of eligibility for and the computation of annuities payable from the fund under this subchapter, at the request of the Director—

(A) the Secretary of Defense shall provide information on retired or retainer pay paid under title 10;

(B) the Secretary of Veterans Affairs shall provide information on pensions or compensation paid under title 38;

(C) the Secretary of Health and Human Services shall provide information contained in the records of the Social Security Administration; and

(D) the Secretary of Labor shall provide information on benefits paid under subchapter I of chapter 81 of title 5.

(2) Limitation on information requested

The Director shall request only such information as the Director determines is necessary.

(3) Limitation on uses of information

The Director, in consultation with the officials from whom information is requested, shall ensure that information made available under this subsection is used only for the purposes authorized.

(m) Information on rights under system

The Director shall, on an annual basis—

(1) inform each retired participant of the participant's right of election under subsections (c), (f)(2), and (g); and

(2) to the maximum extent practicable, inform spouses and former spouses of participants, former participants, and retired participants of their rights under this chapter.

(Pub. L. 88–643, title II, §221, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3204; amended Pub. L. 103–178, title II, §202(a)(4), Dec. 3, 1993, 107 Stat. 2026; Pub. L. 116–92, div. E, title LXII, §6202(a)(1), Dec. 20, 2019, 133 Stat. 2184.)

Editorial Notes

Prior Provisions

A prior section 221 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1045; Pub. L. 91–185, §2, Dec. 30, 1969, 83 Stat. 847; Pub. L. 91–626, §§2, 3, Dec. 31, 1970, 84 Stat. 1872; Pub. L. 94–522, title II, §§202–204, Oct. 17, 1976, 90 Stat. 2468, 2469; Ex. Ord. No. 12326, §§1, 3, 6, Sept. 30, 1981, 46 F.R. 48889, 48890; Pub. L. 97–269, title VI, §§603–605, 610, Sept. 27, 1982, 96 Stat. 1146, 1147, 1153; Ex. Ord. No. 12443, §§4, 7, 8, Sept. 27, 1983, 48 F.R. 44752; Pub. L. 99–335, title V, §§501(2), (3), 503, June 6, 1986, 100 Stat. 622, 623; Pub. L. 100–178, title IV, §402(b)(1), Dec. 2, 1987, 101 Stat. 1014; Pub. L. 100–453, title III, §302(d)(1), (2), Sept. 29, 1988, 102 Stat. 1907; Pub. L. 102–88, title III, §§304(a), 305(a)(1), 306, Aug. 14, 1991, 105 Stat. 431, 432; Pub. L. 102–183, title III, §§302(a), 303(a), Dec. 4, 1991, 105 Stat. 1262, 1263, related to computation of annuities for other than former spouses and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Amendments

2019—Subsec. (a)(3)(B). Pub. L. 116–92, §6202(a)(1)(A), substituted ", as determined by using the annual rate of basic pay that would be payable for full-time service in that position." for period at end.

Subsec. (b)(1)(C)(i). Pub. L. 116–92, §6202(a)(1)(B), substituted "2-year" for "12-month".

Subsec. (f)(2). Pub. L. 116–92, §6202(a)(1)(C), substituted "two years" for "one year".

Subsec. (g)(2)(A), (B)(ii). Pub. L. 116–92, §6202(a)(1)(D), substituted "two years" for "one year".

Subsecs. (h) to (m). Pub. L. 116–92, §6202(a)(1)(E), (F), added subsec. (h) and redesignated former subsecs. (h) to (l) as (i) to (m), respectively.

1993—Subsec. (a)(4). Pub. L. 103–178, §202(a)(4)(A), struck out "(or, in the case of an annuity computed under section 2052 of this title and based on less than 3 years, over the total service)" after "years of the participant's service".

Subsec. (f)(1)(A). Pub. L. 103–178, §202(a)(4)(B), inserted "after the participant's death" after "under the system" and struck out "after the participant's death" after "participant's reduced annuity".

Subsec. (g)(1). Pub. L. 103–178, §202(a)(4)(C), substituted "(or is remarried, if" for "(or is remarried if".

Subsec. (j). Pub. L. 103–178, §202(a)(4)(D), struck out "(except as provided in paragraph (2))" after "individual shall be reduced".

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Pub. L. 116–92, div. E, title LXII, §6202(e), Dec. 20, 2019, 133 Stat. 2186, provided that: "The amendments made by subsection (a)(1)(A) [amending this section] and subsection (c) [amending section 2082 of this title] shall take effect as if enacted on October 28, 2009, and shall apply to computations or participants, respectively, as of such date."

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2032. Annuities for former spouses

(a) Former spouse share of participant's annuity

(1) Pro rata share

Unless otherwise expressly provided by a spousal agreement or court order under section 2094(b) of this title, a former spouse of a participant, former participant, or retired participant is entitled to an annuity—

(A) if married to the participant, former participant, or retired participant throughout the creditable service of the participant, equal to 50 percent of the annuity of the participant; or

(B) if not married to the participant throughout such creditable service, equal to that proportion of 50 percent of such annuity that is the proportion that the number of days of the marriage of the former spouse to the participant during periods of creditable service of such participant under this subchapter bears to the total number of days of such creditable service.

(2) Disqualification upon remarriage before age 55

A former spouse is not qualified for an annuity under this subsection if before the commencement of that annuity the former spouse remarries before becoming 55 years of age.

(3) Commencement of annuity

The annuity of a former spouse under this subsection commences on the day the participant upon whose service the annuity is based becomes entitled to an annuity under this subchapter or on the first day of the month after the divorce or annulment involved becomes final, whichever is later.

(4) Termination of annuity

The annuity of such former spouse and the right thereto terminate on—

(A) the last day of the month before the month in which the former spouse dies or remarries before 55 years of age; or

(B) the date on which the annuity of the participant terminates (except in the case of an annuity subject to paragraph (5)(B)).

(5) Treatment of participant's annuity

(A) Reduction in participant's annuity

The annuity payable to any participant shall be reduced by the amount of an annuity under this subsection paid to any former spouse based upon the service of that participant. Such reduction shall be disregarded in calculating—

(i) the survivor annuity for any spouse, former spouse, or other survivor under this subchapter; and

(ii) any reduction in the annuity of the participant to provide survivor benefits under subsection (b) or under section 2031(b) of this title.

(B) Treatment when annuitant returns to service

If an annuitant whose annuity is reduced under subparagraph (A) is recalled to service under section 2111 of this title, or reinstated or reappointed, in the case of a recovered disability annuitant, or if any annuitant is reemployed as provided for under sections 2112 and 2113 of this title, the pay of that annuitant shall be reduced by the same amount as the annuity would have been reduced if it had continued. Amounts equal to the reductions under this subparagraph shall be deposited in the Treasury of the United States to the credit of the fund.

(6) Disability annuitant

Notwithstanding paragraph (3), in the case of a former spouse of a disability annuitant—

(A) the annuity of that former spouse shall commence on the date on which the participant would qualify on the basis of the participant's creditable service for an annuity under this subchapter (other than a disability annuity) or the date on which the disability annuity begins, whichever is later, and

(B) the amount of the annuity of the former spouse shall be calculated on the basis of the annuity for which the participant would otherwise so qualify.

(7) Election of benefits

A former spouse of a participant, former participant, or retired participant shall not become entitled under this subsection to an annuity payable from the fund unless the former spouse elects to receive it instead of any survivor annuity to which the former spouse may be entitled under this or any other retirement system for Government employees on the basis of a marriage to someone other than the participant.

(8) Limitation in case of multiple former spouse annuities

No spousal agreement or court order under section 2094(b) of this title involving a participant may provide for an annuity or a combination of annuities under this subsection that exceeds the annuity of the participant.

(b) Former spouse survivor annuity

(1) Pro rata share

Subject to any election under section 2031(b)(1)(B) and (C) of this title and unless otherwise expressly provided by a spousal agreement or court order under section 2094(b) of this title, if an annuitant is survived by a former spouse, the former spouse shall be entitled—

(A) if married to the annuitant throughout the creditable service of the annuitant, to a survivor annuity equal to 55 percent of the unreduced amount of the annuitant's annuity, as computed under section 2031(a) of this title; and

(B) if not married to the annuitant throughout such creditable service, to a survivor annuity equal to that proportion of 55 percent of the unreduced amount of such annuity that is the proportion that the number of days of the marriage of the former spouse to the participant during periods of creditable service of such participant under this subchapter bears to the total number of days of such creditable service.

(2) Disqualification upon remarriage before age 55

A former spouse shall not be qualified for an annuity under this subsection if before the commencement of that annuity the former spouse remarries before becoming 55 years of age.

(3) Commencement, termination, and restoration of annuity

An annuity payable from the fund under this subchapter to a surviving former spouse under this subsection shall commence on the day after the annuitant dies and shall terminate on the last day of the month before the former spouse's death or remarriage before attaining age 55. If such a survivor annuity is terminated because of remarriage, it shall be restored at the same rate commencing on the date such remarriage is dissolved by death, annulment, or divorce if any lump sum paid upon termination of the annuity is returned to the fund.

(4) Survivor annuity amount

(A) Maximum amount

The maximum survivor annuity or combination of survivor annuities under this subsection (and section 2031(b)(3) of this title) with respect to any participant may not exceed 55 percent of the full amount of the participant's annuity, as calculated under section 2031(a) of this title.

(B) Limitation on other survivor annuities based on service of same participant

Once a survivor annuity has been provided under this subsection for any former spouse, a survivor annuity for another individual may thereafter be provided under this subsection (or section 2031(b)(3) of this title) with respect to the participant only for that portion (if any) of the maximum available which is not committed for survivor benefits for any former spouse whose prospective right to such annuity has not terminated by reason of death or remarriage.

(C) Finality of court order upon death of participant

After the death of a participant or retired participant, a court order under section 2094(b) of this title may not adjust the amount of the annuity of a former spouse of that participant or retired participant under this section.

(5) Effect of termination of former spouse entitlement

(A) Recomputation of participant's annuity

If a former spouse of a retired participant dies or remarries before attaining age 55, the annuity of the retired participant, if reduced to provide a survivor annuity for that former spouse, shall be recomputed and paid, effective on the first day of the month beginning after such death or remarriage, as if the annuity had not been so reduced, unless an election is in effect under subparagraph (B).

(B) Election of spouse annuity

Subject to paragraph (4)(B), the participant may elect in writing within two years after receipt of notice of the death or remarriage of the former spouse to continue the reduction in order to provide a higher survivor annuity under section 2031(b)(3) of this title for any spouse of the participant.

(c) Optional additional survivor annuities for other former spouse or surviving spouse

(1) In general

In the case of any participant providing a survivor annuity under subsection (b) for a former spouse—

(A) such participant may elect, or

(B) a spousal agreement or court order under section 2094(b) of this title may provide for,

an additional survivor annuity under this subsection for any other former spouse or spouse surviving the participant, if the participant satisfactorily passes a physical examination as prescribed by the Director.

(2) Limitation

Neither the total amount of survivor annuity or annuities under this subsection with respect to any participant, nor the survivor annuity or annuities for any one surviving spouse or former spouse of such participant under this section or section 2031 of this title, may exceed 55 percent of the unreduced amount of the participant's annuity, as computed under section 2031(a) of this title.

(3) Contribution for additional annuities

(A) Provision of additional survivor annuity

In accordance with regulations which the Director shall prescribe, the participant involved may provide for any annuity under this subsection—

(i) by a reduction in the annuity or an allotment from the basic pay of the participant;

(ii) by a lump-sum payment or installment payments to the fund; or

(iii) by any combination thereof.

(B) Actuarial equivalence to benefit

The present value of the total amount to accrue to the fund under subparagraph (A) to provide any annuity under this subsection shall be actuarially equivalent in value to such annuity, as calculated upon such tables of mortality as may from time to time be prescribed for this purpose by the Director.

(C) Effect of former spouse's death or disqualification

If a former spouse predeceases the participant or remarries before attaining age 55 (or, in the case of a spouse, the spouse predeceases the participant or does not qualify as a former spouse upon dissolution of the marriage)—

(i) if an annuity reduction or pay allotment under subparagraph (A) is in effect for that spouse or former spouse, the annuity shall be recomputed and paid as if it had not been reduced or the pay allotment terminated, as the case may be; and

(ii) any amount accruing to the fund under subparagraph (A) shall be refunded, but only to the extent that such amount may have exceeded the actuarial cost of providing benefits under this subsection for the period such benefits were provided, as determined under regulations prescribed by the Director.

(D) Recomputation upon death or remarriage of former spouse

Under regulations prescribed by the Director, an annuity shall be recomputed (or a pay allotment terminated or adjusted), and a refund provided (if appropriate), in a manner comparable to that provided under subparagraph (C), in order to reflect a termination or reduction of future benefits under this subsection for a spouse in the event a former spouse of the participant dies or remarries before attaining age 55 and an increased annuity is provided for that spouse in accordance with this section.

(4) Commencement and termination of additional survivor annuity

An annuity payable under this subsection to a spouse or former spouse shall commence on the day after the participant dies and shall terminate on the last day of the month before the spouse's or the former spouse's death or remarriage before attaining age 55.

(5) Nonapplicability of COLA provision

Section 2131 of this title does not apply to an annuity under this subsection, unless authorized under regulations prescribed by the Director.

(Pub. L. 88–643, title II, §222, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3212; amended Pub. L. 103–178, title II, §202(a)(5), Dec. 3, 1993, 107 Stat. 2026; Pub. L. 116–92, div. E, title LXII, §6202(b), Dec. 20, 2019, 133 Stat. 2186.)

Editorial Notes

Prior Provisions

A prior section 222 of Pub. L. 88–643, as added Pub. L. 97–269, title VI, §606, Sept. 27, 1982, 96 Stat. 1148; amended Pub. L. 99–335, title V, §501(2), (3), June 6, 1986, 100 Stat. 622; Pub. L. 102–88, title III, §305(a)(2), Aug. 14, 1991, 105 Stat. 432, related to computation of annuities for former spouses and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Amendments

2019—Subsec. (b)(5)(B). Pub. L. 116–92 substituted "two years" for "one year".

1993—Subsec. (a)(7). Pub. L. 103–178, §202(a)(5)(A), substituted "any survivor annuity" for "any other annuity".

Subsec. (c)(3)(C). Pub. L. 103–178, §202(a)(5)(B), inserted "the participant" before "or does not qualify".

Subsec. (c)(4). Pub. L. 103–178, §202(a)(5)(C), substituted "before the spouse's or the former spouse's death" for "before the former spouse's death".

Statutory Notes and Related Subsidiaries

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

Survivor Annuity, Retirement Annuity, and Health Benefits for Certain Ex-Spouses of Central Intelligence Agency Employees; Effective Date

Pub. L. 103–178, title II, §203, Dec. 3, 1993, 107 Stat. 2027, provided that:

"(a) Survivor Annuity.—

"(1) In general.—

"(A) Entitlement of former wife or husband.—Any person who was divorced on or before December 4, 1991, from a participant or retired participant in the Central Intelligence Agency Retirement and Disability System and who was married to such participant for not less than 10 years during such participant's creditable service, at least five years of which were spent by the participant during the participant's service as an employee of the Central Intelligence Agency outside the United States, or otherwise in a position the duties of which qualified the participant for designation by the Director of Central Intelligence as a participant under section 203 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2013), shall be entitled, except to the extent such person is disqualified under paragraph (2), to a survivor annuity equal to 55 percent of the greater of—

"(i) the unreduced amount of the participant's annuity, as computed under section 221(a) of such Act [50 U.S.C. 2031(a)]; or

"(ii) the unreduced amount of what such annuity as so computed would be if the participant had not elected payment of the lump-sum credit under section 294 of such Act [50 U.S.C. 2143].

"(B) Reduction in survivor annuity.—A survivor annuity payable under this subsection shall be reduced by an amount equal to any survivor annuity payments made to the former wife or husband under section 226 of such Act [50 U.S.C. 2036].

"(2) Limitations.—A former wife or husband is not entitled to a survivor annuity under this subsection if—

"(A) the former wife or husband remarries before age 55, except that the entitlement of the former wife or husband to such a survivor annuity shall be restored on the date such remarriage is dissolved by death, annulment, or divorce;

"(B) the former wife or husband is less than 50 years of age; or

"(C) the former wife or husband meets the definition of 'former spouse' that was in effect under section 204(b)(4) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees before December 4, 1991 [section 204(b)(4) of Pub. L. 88–643 prior to enactment of Pub. L. 102–496, formerly set out as a note under section 403 of this title].

"(3) Commencement and termination of annuity.—

"(A) Commencement of annuity.—The entitlement of a former wife or husband to a survivor annuity under this subsection shall commence—

"(i) in the case of a former wife or husband of a participant or retired participant who is deceased as of October 1, 1994, beginning on the later of—

     "(I) the 60th day after such date; or

     "(II) the date on which the former wife or husband reaches age 50; and

"(ii) in the case of any other former wife or husband, beginning on the latest of—

     "(I) the date on which the participant or retired participant to whom the former wife or husband was married dies;

     "(II) the 60th day after October 1, 1994; or

     "(III) the date on which the former wife or husband attains age 50.

"(B) Termination of annuity.—The entitlement of a former wife or husband to a survivor annuity under this subsection terminates on the last day of the month before the former wife's or husband's death or remarriage before attaining age 55. The entitlement of a former wife or husband to such a survivor annuity shall be restored on the date such remarriage is dissolved by death, annulment, or divorce.

"(4) Election of benefits.—A former wife or husband of a participant or retired participant shall not become entitled under this subsection to a survivor annuity or to the restoration of the survivor annuity unless the former wife or husband elects to receive it instead of any other survivor annuity to which the former wife or husband may be entitled under the Central Intelligence Agency Retirement and Disability System or any other retirement system for Government employees on the basis of a marriage to someone other than the participant.

"(5) Application—

"(A) Time limit; waiver.—A survivor annuity under this subsection shall not be payable unless appropriate written application is provided to the Director, complete with any supporting documentation which the Director may by regulation require. Any such application shall be submitted not later than October 1, 1995. The Director may waive the application deadline under the preceding sentence in any case in which the Director determines that the circumstances warrant such a waiver.

"(B) Retroactive benefits.—Upon approval of an application provided under subparagraph (A), the appropriate survivor annuity shall be payable to the former wife or husband with respect to all periods before such approval during which the former wife or husband was entitled to such annuity under this subsection, but in no event shall a survivor annuity be payable under this subsection with respect to any period before October 1, 1994.

"(6) Restoration of annuity.—Notwithstanding paragraph (5)(A), the deadline by which an application for a survivor annuity must be submitted shall not apply in cases in which a former spouse's entitlement to such a survivor annuity is restored after October 1, 1994, under paragraph (2)(A) or (3)(B).

"(7) Applicability in cases of participants transferred to fers.—

"(A) Entitlement.—Except as provided in paragraph (2), this subsection shall apply to a former wife or husband of a participant under the Central Intelligence Agency Retirement and Disability System who has elected to become subject to chapter 84 of title 5, United States Code.

"(B) Amount of annuity.—The survivor annuity of a person covered by subparagraph (A) shall be equal to 50 percent of the unreduced amount of the participant's annuity computed in accordance with section 302(a) of the Federal Employees' Retirement System Act of 1986 [Pub. L. 99–335, 5 U.S.C. 8331 note] and shall be reduced by an amount equal to any survivor annuity payments made to the former wife or husband under section 8445 of title 5, United States Code.

"(b) Retirement Annuity.—

"(1) In general.—

"(A) Entitlement of former wife or husband.—A person described in subsection (a)(1)(A) shall be entitled, except to the extent such former spouse is disqualified under paragraph (2), to an annuity—

"(i) if married to the participant throughout the creditable service of the participant, equal to 50 percent of the annuity of the participant; or

"(ii) if not married to the participant throughout such creditable service, equal to that former wife's or husband's pro rata share of 50 percent of such annuity (determined in accordance with section 222(a)(1)(B) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2032 (a)(1)(B)).

"(B) Reduction in retirement annuities.—

"(i) Amount of reduction.—An annuity payable under this subsection shall be reduced by an amount equal to any apportionment payments payable to the former wife or husband pursuant to the terms of a court order incident to the dissolution of the marriage of such former spouse and the participant, former participant, or retired participant.

"(ii) Definition of terms.—For purposes of clause (i):

     "(I) Apportionment.—The term 'apportionment' means a portion of a retired participant's annuity payable to a former wife or husband either by the retired participant or the Government in accordance with the terms of a court order.

     "(II) Court order.—The term 'court order' means any decree of divorce or annulment or any court order or court-approved property settlement agreement incident to such decree.

"(2) Limitations.—A former wife or husband is not entitled to an annuity under this subsection if—

"(A) the former wife or husband remarries before age 55, except that the entitlement of the former wife or husband to an annuity under this subsection shall be restored on the date such remarriage is dissolved by death, annulment, or divorce;

"(B) the former wife or husband is less than 50 years of age; or

"(C) the former wife or husband meets the definition of 'former spouse' that was in effect under section 204(b)(4) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees before December 4, 1991 [section 204(b)(4) of Pub. L. 88–643 prior to enactment of Pub. L. 102–496, formerly set out as a note under section 403 of this title].

"(3) Commencement and termination.—

"(A) Retirement annuities.—The entitlement of a former wife or husband to an annuity under this subsection—

"(i) shall commence on the later of—

     "(I) October 1, 1994;

     "(II) the day the participant upon whose service the right to the annuity is based becomes entitled to an annuity under such Act [probably means Central Intelligence Agency Retirement Act, 50 U.S.C. 2001 et seq.]; or

     "(III) such former wife's or husband's 50th birthday; and

"(ii) shall terminate on the earlier of—

     "(I) the last day of the month before the former wife or husband dies or remarries before 55 years of age, except that the entitlement of the former wife or husband to an annuity under this subsection shall be restored on the date such remarriage is dissolved by death, annulment, or divorce; or

     "(II) the date on which the annuity of the participant terminates.

"(B) Disability annuities.—Notwithstanding subparagraph (A)(i)(II), in the case of a former wife or husband of a disability annuitant—

"(i) the annuity of the former wife or husband shall commence on the date on which the participant would qualify on the basis of the participant's creditable service for an annuity under the Central Intelligence Agency Retirement Act [50 U.S.C. 2001 et seq.] (other than a disability annuity) or the date the disability annuity begins, whichever is later; and

"(ii) the amount of the annuity of the former wife or husband shall be calculated on the basis of the annuity for which the participant would otherwise so qualify.

"(C) Election of benefits.—A former wife or husband of a participant or retired participant shall not become entitled under this subsection to an annuity or to the restoration of an annuity unless the former wife or husband elects to receive it instead of any survivor annuity to which the former wife or husband may be entitled under the Central Intelligence Agency Retirement and Disability System or any other retirement system for Government employees on the basis of a marriage to someone other than the participant.

"(D) Application.—

"(i) Time limit; waiver.—An annuity under this subsection shall not be payable unless appropriate written application is provided to the Director of Central Intelligence, complete with any supporting documentation which the Director may by regulation require, not later than October 1, 1995. The Director may waive the application deadline under the preceding sentence in any case in which the Director determines that the circumstances warrant such a waiver.

"(ii) Retroactive benefits.—Upon approval of an application under clause (i), the appropriate annuity shall be payable to the former wife or husband with respect to all periods before such approval during which the former wife or husband was entitled to an annuity under this subsection, but in no event shall an annuity be payable under this subsection with respect to any period before October 1, 1994.

"(4) Restoration of annuities.—Notwithstanding paragraph (3)(D)(i), the deadline by which an application for a retirement annuity must be submitted shall not apply in cases in which a former spouse's entitlement to such annuity is restored after October 1, 1994, under paragraph (2)(A) or (3)(A)(ii).

"(5) Applicability in cases of participants transferred to fers.—The provisions of this subsection shall apply to a former wife or husband of a participant under the Central Intelligence Agency Retirement and Disability System who has elected to become subject to chapter 84 of title 5, United States Code. For purposes of this paragraph, any reference in this section to a participant's annuity under the Central Intelligence Agency Retirement and Disability System shall be deemed to refer to the transferred participant's annuity computed in accordance with section 302(a) of the Federal Employee's Retirement System Act of 1986 [Pub. L. 99–335, 5 U.S.C. 8331 note].

"(6) Savings provision.—Nothing in this subsection shall be construed to impair, reduce, or otherwise affect the annuity or the entitlement to an annuity of a participant or former participant under title II or III of the Central Intelligence Agency Retirement Act [50 U.S.C. 2011 et seq., 2151 et seq.].

"(c) Health Benefits.—[Amended section 3516 of this title.]

"(d) Source of Payment for Annuities.—Annuities provided under subsections (a) and (b) shall be payable from the Central Intelligence Agency Retirement and Disability Fund maintained under section 202 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2012).

"(e) Effective Date.—

"(1) In general.—Except as provided in paragraph (2), subsections (a) and (b) shall take effect as of October 1, 1994, the amendments made by subsection (c) [amending section 3516 of this title] shall apply to individuals on and after October 1, 1994, and no benefits provided pursuant to those subsections shall be payable with respect to any period before October 1, 1994.

"(2) Section 16(d) of the Central Intelligence Agency Act of 1949 (as added by subsection (c) of this section) [50 U.S.C. 3516(d)] shall apply to individuals beginning on the date of enactment of this Act [Dec. 3, 1993]."

[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 3001 of this title.]

§2033. Election of survivor benefits for certain former spouses divorced as of November 15, 1982

(a) Former spouses as of November 15, 1982

A participant, former participant, or retired participant in the system who on November 15, 1982, had a former spouse may, by a spousal agreement, elect to receive a reduced annuity and provide a survivor annuity for such former spouse under section 2032(b) of this title.

(b) Time for making election

(1) If the participant or former participant has not retired under such system on or before November 15, 1982, an election under this section may be made at any time before retirement.

(2) If the participant or former participant has retired under such system on or before November 15, 1982, an election under this section may be made within such period after November 15, 1982, as the Director may prescribe.

(3) For the purposes of applying this subchapter, any such election shall be treated in the same manner as if it were a spousal agreement under section 2094(b) of this title.

(c) Base for annuity

An election under this section may provide for a survivor annuity based on all or any portion of that part of the annuity of the participant which is not designated or committed as a base for a survivor annuity for a spouse or any other former spouse of the participant. The participant and the participant's spouse may make an election under section 2031(b)(1)(B) of this title before the time of retirement for the purpose of allowing an election to be made under this section.

(d) Reduction in participant's annuity

(1) Computation

The amount of the reduction in the participant's annuity shall be determined in accordance with section 2031(b)(2) of this title.

(2) Effective date of reduction

Such reduction shall be effective as of—

(A) the commencing date of the participant's annuity, in the case of an election under subsection (b)(1); or

(B) November 15, 1982, in the case of an election under subsection (b)(2).

(Pub. L. 88–643, title II, §223, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3216.)

Editorial Notes

Prior Provisions

A prior section 223 of Pub. L. 88–643, as added Pub. L. 97–269, title VI, §607, Sept. 27, 1982, 96 Stat. 1151; amended Pub. L. 99–335, title V, §501(2), June 6, 1986, 100 Stat. 622, related to election of survivor benefits for certain former spouses and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2034. Survivor annuity for certain other former spouses

(a) Survivor annuity

(1) In general

An individual who was a former spouse of a participant or retired participant on November 15, 1982, shall be entitled, except to the extent such former spouse is disqualified under subsection (b), to a survivor annuity equal to 55 percent of the greater of—

(A) the unreduced amount of the participant's or retired participant's annuity, as computed under section 2031(a) of this title; or

(B) the unreduced amount of what such annuity as so computed would be if the participant, former participant, or retired participant had not elected payment of the lump-sum credit under section 2143 of this title.

(2) Reduction in survivor annuity

A survivor annuity payable under this section shall be reduced by an amount equal to any survivor annuity payments made to the former spouse under section 2033 of this title.

(b) Limitations

A former spouse is not entitled to a survivor annuity under this section if—

(1) the former spouse remarries before age 55, except that the entitlement of the former spouse to such a survivor annuity shall be restored on the date such remarriage is dissolved by death, annulment, or divorce; or

(2) the former spouse is less than 50 years of age.

(c) Commencement and termination of annuity

(1) Commencement of annuity

The entitlement of a former spouse to a survivor annuity under this section shall commence—

(A) in the case of a former spouse of a participant or retired participant who is deceased as of October 1, 1986, beginning on the later of—

(i) the 60th day after such date; or

(ii) the date on which the former spouse reaches age 50; and

(B) in the case of any other former spouse, beginning on the latest of—

(i) the date on which the participant or retired participant to whom the former spouse was married dies;

(ii) the 60th day after October 1, 1986; or

(iii) the date on which the former spouse attains age 50.

(2) Termination of annuity

The entitlement of a former spouse to a survivor annuity under this section terminates on the last day of the month before the former spouse's death or remarriage before attaining age 55. The entitlement of a former spouse to such a survivor annuity shall be restored on the date such remarriage is dissolved by death, annulment, or divorce.

(d) Application

(1) Time limit; waiver

A survivor annuity under this section shall not be payable unless appropriate written application is provided to the Director, complete with any supporting documentation which the Director may by regulation require. Any such application shall be submitted not later than April 1, 1989. The Director may waive the application deadline under the preceding sentence in any case in which the Director determines that the circumstances warrant such a waiver.

(2) Retroactive benefits

Upon approval of an application provided under paragraph (1), the appropriate survivor annuity shall be payable to the former spouse with respect to all periods before such approval during which the former spouse was entitled to such annuity under this section, but in no event shall a survivor annuity be payable under this section with respect to any period before October 1, 1986.

(e) Restoration of annuity

Notwithstanding subsection (d)(1), the deadline by which an application for a survivor annuity must be submitted shall not apply in cases in which a former spouse's entitlement to such a survivor annuity is restored under subsection (b)(1) or (c)(2).

(Pub. L. 88–643, title II, §224, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3217; amended Pub. L. 103–178, title II, §202(a)(6), Dec. 3, 1993, 107 Stat. 2026.)

Editorial Notes

Prior Provisions

A prior section 224 of Pub. L. 88–643, as added Pub. L. 99–569, title III, §302(a), Oct. 27, 1986, 100 Stat. 3192; amended Pub. L. 100–453, title III, §302(b)(1), Sept. 29, 1988, 102 Stat. 1907; Pub. L. 101–193, title III, §304(a), Nov. 30, 1989, 103 Stat. 1703; Pub. L. 102–88, title III, §307(a), Aug. 14, 1991, 105 Stat. 432; Pub. L. 102–183, title III, §304, Dec. 4, 1991, 105 Stat. 1264, related to survivor annuities for certain other former spouses and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Amendments

1993—Subsec. (c)(1)(B)(i). Pub. L. 103–178 substituted "retired participant" for "former participant".

Statutory Notes and Related Subsidiaries

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2035. Retirement annuity for certain former spouses

(a) Retirement annuity

An individual who was a former spouse of a participant, former participant, or retired participant on November 15, 1982, and any former spouse divorced after November 15, 1982, from a participant or former participant who retired before November 15, 1982, shall be entitled, except to the extent such former spouse is disqualified under subsection (b), to an annuity—

(1) if married to the participant throughout the creditable service of the participant, equal to 50 percent of the annuity of the participant; or

(2) if not married to the participant throughout such creditable service, equal to that former spouse's pro rata share of 50 percent of such annuity.

(b) Limitations

A former spouse is not entitled to an annuity under this section if—

(1) the former spouse remarries before age 55, except that the entitlement of the former spouse to an annuity under this section shall be restored on the date such remarriage is dissolved by death, annulment, or divorce; or

(2) the former spouse is less than 50 years of age.

(c) Commencement and termination

(1) Retirement annuities

The entitlement of a former spouse to an annuity under this section—

(A) shall commence on the later of—

(i) the day the participant upon whose service the right to the annuity is based becomes entitled to an annuity under this subchapter;

(ii) the first day of the month in which the divorce or annulment involved becomes final; or

(iii) such former spouse's 50th birthday; and

(B) shall terminate on the earlier of—

(i) the last day of the month before the former spouse dies or remarries before 55 years of age, except that the entitlement of the former spouse to an annuity under this section shall be restored on the date such remarriage is dissolved by death, annulment, or divorce; or

(ii) the date on which the annuity of the participant terminates.

(2) Disability annuities

Notwithstanding paragraph (1)(A)(i), in the case of a former spouse of a disability annuitant—

(A) the annuity of the former spouse shall commence on the date on which the participant would qualify on the basis of the participant's creditable service for an annuity under this subchapter (other than disability annuity) or the date the disability annuity begins, whichever is later; and

(B) the amount of the annuity of the former spouse shall be calculated on the basis of the annuity for which the participant would otherwise so qualify.

(3) Election of benefits

A former spouse of a participant or retired participant shall not become entitled under this section to an annuity or to the restoration of an annuity payable from the fund unless the former spouse elects to receive it instead of any survivor annuity to which the former spouse may be entitled under this or any other retirement system for Government employees on the basis of a marriage to someone other than the participant.

(4) Application

(A) Time limit; waiver

An annuity under this section shall not be payable unless appropriate written application is provided to the Director, complete with any supporting documentation which the Director may by regulation require, not later than June 2, 1990. The Director may waive the application deadline under the preceding sentence in any case in which the Director determines that the circumstances warrant such a waiver.

(B) Retroactive benefits

Upon approval of an application under subparagraph (A), the appropriate annuity shall be payable to the former spouse with respect to all periods before such approval during which the former spouse was entitled to an annuity under this section, but in no event shall an annuity be payable under this section with respect to any period before December 2, 1987.

(d) Restoration of annuities

Notwithstanding subsection (c)(4)(A), the deadline by which an application for a retirement annuity must be submitted shall not apply in cases in which a former spouse's entitlement to such annuity is restored under subsection (b)(1) or (c)(1)(B).

(e) Savings provision

Nothing in this section shall be construed to impair, reduce, or otherwise affect the annuity or the entitlement to an annuity of a participant or former participant under this subchapter.

(Pub. L. 88–643, title II, §225, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3218; amended Pub. L. 103–178, title II, §202(a)(7), Dec. 3, 1993, 107 Stat. 2026.)

Editorial Notes

Prior Provisions

A prior section 225 of Pub. L. 88–643, as added Pub. L. 100–178, title IV, §401(a), Dec. 2, 1987, 101 Stat. 1012; amended Pub. L. 100–453, title III, §302(c)(1), Sept. 29, 1988, 102 Stat. 1907; Pub. L. 102–88, title III, §307(b), Aug. 14, 1991, 105 Stat. 433, related to retirement benefits for certain other former spouses and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Amendments

1993—Subsec. (c)(3). Pub. L. 103–178, §202(a)(7)(A), substituted "any survivor annuity" for "any other annuity".

Subsec. (c)(4)(A). Pub. L. 103–178, §202(a)(7)(B), substituted "June 2, 1990" for "June 2, 1991".

Statutory Notes and Related Subsidiaries

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2036. Survivor annuities for previous spouses

The Director shall prescribe regulations under which a previous spouse who is divorced after September 29, 1988, from a participant, former participant, or retired participant shall be eligible for a survivor annuity to the same extent and, to the greatest extent practicable, under the same conditions (including reductions to be made in the annuity of the participant) applicable to former spouses (as defined in section 8331(23) of title 5) of participants in the Civil Service Retirement and Disability System (CSRS) as prescribed by the Civil Service Retirement Spouse Equity Act of 1984.

(Pub. L. 88–643, title II, §226, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3220.)

Editorial Notes

References in Text

The Civil Service Retirement Spouse Equity Act of 1984, referred to in text, is Pub. L. 98–615, Nov. 8, 1984, 98 Stat. 3195. For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 8331 of Title 5, Government Organization and Employees, and Tables.

Prior Provisions

A prior section 226 of Pub. L. 88–643, as added Pub. L. 100–453, title III, §302(a), Sept. 29, 1988, 102 Stat. 1906; amended Pub. L. 102–88, title III, §304(b), (c), Aug. 14, 1991, 105 Stat. 431, 432; Pub. L. 102–183, title III, §306(a), (b), Dec. 4, 1991, 105 Stat. 1265, related to survivor annuities for previous spouses and second chance to elect survivor annuity for certain spouses and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

Part D—Benefits Accruing to Certain Participants

§2051. Retirement for disability or incapacity; medical examination; recovery

(a) Disability retirement

(1) Eligibility

A participant who has become disabled shall, upon the participant's own application or upon order of the Director, be retired on an annuity computed under subsection (b).

(2) Standard for disability determination

A participant shall be considered to be disabled only if the participant—

(A) is found by the Director to be unable, because of disease or injury, to render useful and efficient service in the participant's position; and

(B) is not qualified for reassignment, under procedures prescribed by the Director, to a vacant position in the Agency at the same grade or level and in which the participant would be able to render useful and efficient service.

(3) Time limit for application

(A) One year requirement

A claim may be allowed under this section only if the application is submitted before the participant is separated from the Agency or within one year thereafter.

(B) Waiver for mentally incompetent participant

The time limitation may be waived by the Director for a participant who, at the date of separation from the Agency or within one year thereafter, is mentally incompetent, if the application is filed with the Agency within one year from the date of restoration of the participant to competency or the appointment of a fiduciary, whichever is earlier.

(b) Computation of disability annuity

(1) In general

Except as provided in paragraph (2), an annuity payable under subsection (a) shall be computed under section 2031(a) of this title. However, if the disabled or incapacitated participant has less than 20 years of service credit toward retirement under the system at the time of retirement, the annuity shall be computed on the assumption that the participant has had 20 years of service, but the additional service credit that may accrue to a participant under this paragraph may not exceed the difference between the participant's age at the time of retirement and age 60.

(2) Coordination with military retired pay and veterans' compensation and pension

If a participant retiring under this section is receiving retired pay or retainer pay for military service (except that specified in section 2082(e)(3) of this title) or Department of Veterans Affairs compensation or pension in lieu of such retired or retainer pay, the annuity of that participant shall be computed under section 2031(a) of this title, excluding credit for such military service from that computation. If the amount of the annuity so computed, plus the retired or retainer pay which is received, or which would be received but for the application of the limitation in section 5532 ¹ of title 5, or the Department of Veterans Affairs compensation or pension in lieu of such retired or retainer pay, is less than the annuity that would be payable under this section in the absence of the previous sentence, an amount equal to the difference shall be added to the annuity payable under section 2031(a) of this title.

(c) Medical examinations

(1) Medical examination required for determination of disability

In each case, the participant shall be given a medical examination by one or more duly qualified physicians or surgeons designated by the Director to conduct examinations, and disability shall be determined by the Director on the basis of the advice of such physicians or surgeons.

(2) Annual reexaminations until age 60

Unless the disability is permanent, like examinations shall be made annually until the annuitant becomes age 60. If the Director determines on the basis of the advice of one or more duly qualified physicians or surgeons conducting such examinations that an annuitant has recovered to the extent that the annuitant can return to duty, the annuitant may apply for reinstatement or reappointment in the Agency within one year from the date the annuitant's recovery is determined.

(3) Reinstatement

Upon application, the Director may reinstate any such recovered disability annuitant in the grade held at time of retirement, or the Director may, taking into consideration the age, qualifications, and experience of such annuitant, and the present grade of the annuitant's contemporaries in the Agency, appoint the annuitant to a grade higher than the one held before retirement.

(4) Termination of disability annuity

Payment of the annuity shall continue until a date one year after the date of examination showing recovery or until the date of reinstatement or reappointment in the Agency, whichever is earlier.

(5) Payment of fees

Fees for examinations under this subsection, together with reasonable traveling and other expenses incurred in order to submit to examination, may be paid out of the fund.

(6) Suspension of annuity pending required examination

If the annuitant fails to submit to examination as required under this section, payment of the annuity shall be suspended until continuance of the disability is satisfactorily established.

(7) Termination of annuity upon restoration of earning capacity

If the annuitant receiving a disability retirement annuity is restored to earning capacity before becoming age 60, payment of the annuity terminates on reemployment by the Government or 180 days after the end of the calendar year in which earning capacity is restored, whichever is earlier. Earning capacity shall be considered to be restored if in any calendar year the income of the annuitant from wages or self-employment, or both, equals at least 80 percent of the current rate of pay for the grade and step the annuitant held at the time of retirement.

(d) Treatment of recovered disability annuitant who is not reinstated

(1) Separation

If a recovered or restored disability annuitant whose annuity is discontinued is for any reason not reinstated or reappointed in the Agency, the annuitant shall be considered, except for service credit, to have been separated within the meaning of section 2054 of this title as of the date of termination of the disability annuity.

(2) Retirement

After such termination, the recovered or restored annuitant shall be entitled to the benefits of section 2054 or 2071(a) of this title, except that the annuitant may elect voluntary retirement under section 2053 of this title, if qualified thereunder, or may be placed by the Director in an involuntary retirement status under section 2055(a) of this title, if qualified thereunder. Retirement rights under this paragraph shall be based on the provisions of this subchapter in effect as of the date on which the disability annuity is discontinued.

(3) Further disability before age 62

If, based on a current medical examination, the Director determines that a recovered annuitant has, before reaching age 62, again become totally disabled due to recurrence of the disability for which the annuitant was originally retired, the annuitant's terminated disability annuity (same type and rate) shall be reinstated from the date of such medical examination. If a restored-to-earning-capacity annuitant has not medically recovered from the disability for which retired and establishes to the Director's satisfaction that the annuitant's income from wages and self-employment in any calendar year before reaching age 62 was less than 80 percent of the rate of pay for the grade and step the annuitant held at the time of retirement, the annuitant's terminated disability annuity (same type and rate) shall be reinstated from the first of the next following year. If the annuitant has been allowed an involuntary or voluntary retirement annuity in the meantime, the annuitant's reinstated disability annuity shall be substituted for it unless the annuitant elects to retain the former benefit.

(e) Coordination of benefits

(1) Workers' compensation

A participant is not entitled to receive for the same period of time—

(A) an annuity under this subchapter, and

(B) compensation for injury to, or disability of, such participant under subchapter I of chapter 81 of title 5, other than compensation payable under section 8107 of such title.

(2) Survivor annuities

An individual is not entitled to receive an annuity under this subchapter and a concurrent benefit under subchapter I of chapter 81 of title 5 on account of the death of the same person.

(3) Greater benefit

Paragraphs (1) and (2) do not bar the right of a claimant to the greater benefit conferred by either this subchapter or subchapter I of chapter 81 of title 5.

(f) Offset from survivor annuity for workers' compensation payment

(1) Refund to Department of Labor

If an individual is entitled to an annuity under this subchapter and the individual receives a lump-sum payment for compensation under section 8135 of title 5 based on the disability or death of the same person, so much of the compensation as has been paid for a period extended beyond the date payment of the annuity commences, as determined by the Secretary of Labor, shall be refunded to the Department for credit to the Employees' Compensation Fund. Before the individual may receive the annuity, the individual shall—

(A) refund to the Secretary of Labor the amount representing the commuted compensation payments for the extended period; or

(B) authorize the deduction of the amount from the annuity.

(2) Source of deduction

Deductions from the annuity may be made from accrued or accruing payments. The amounts deducted and withheld from the annuity shall be transmitted to the Secretary for reimbursement to the Employees' Compensation Fund.

(3) Prorating deduction

If the Secretary finds that the financial circumstances of an individual entitled to an annuity under this subchapter warrant deferred refunding, deductions from the annuity may be prorated against and paid from accruing payments in such manner as the Secretary determines appropriate.

(Pub. L. 88–643, title II, §231, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3220; amended Pub. L. 103–178, title II, §202(a)(8), Dec. 3, 1993, 107 Stat. 2026.)

Editorial Notes

References in Text

Section 5532 of title 5, referred to in subsec. (b)(2), was repealed by Pub. L. 106–65, div. A, title VI, §651(a)(1), Oct. 5, 1999, 113 Stat. 664.

Prior Provisions

A prior section 231 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1046; Ex. Ord. No. 12326, §2, Sept. 30, 1981, 46 F.R. 48889; Pub. L. 94–522, title II, §§205–207, Oct. 17, 1976, 90 Stat. 2470; Ex. Ord. No. 12443, §1, Sept. 27, 1983, 48 F.R. 44751; Pub. L. 99–335, title V, §501(2), June 6, 1986, 100 Stat. 622; Pub. L. 102–183, title III, §305, Dec. 4, 1991, 105 Stat. 1265, related to retirement for disability or incapacity, medical examination, and recovery and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Amendments

1993—Subsec. (d)(2). Pub. L. 103–178 substituted "2071(a) of this title" for "2071(b) of this title".

Statutory Notes and Related Subsidiaries

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

¹ See References in Text note below.

§2052. Death in service

(a) Return of contributions when no annuity payable

If a participant dies and no claim for an annuity is payable under this subchapter, the participant's lump-sum credit and any voluntary contributions made under section 2121 of this title, with interest, shall be paid in the order of precedence shown in section 2071(c) of this title.

(b) Survivor annuity for surviving spouse or former spouse

(1) In general

If a participant dies before separation or retirement from the Agency and is survived by a spouse or by a former spouse qualifying for a survivor annuity under section 2032(b) of this title, such surviving spouse shall be entitled to an annuity equal to 55 percent of the annuity computed in accordance with paragraphs (2) and (3) of this subsection and section 2031(a) of this title, and any such surviving former spouse shall be entitled to an annuity computed in accordance with section 2032(b) of this title and paragraph (2) of this subsection as if the participant died after being entitled to an annuity under this subchapter. The annuity of such surviving spouse or former spouse shall commence on the day after the participant dies and shall terminate on the last day of the month before the death or remarriage before attaining age 55 of the surviving spouse or former spouse (subject to the payment and restoration provisions of sections 2031(b)(3)(C), 2031(i), and 2032(b)(3) of this title).

(2) Computation

The annuity payable under paragraph (1) shall be computed in accordance with section 2031(a) of this title, except that the computation of the annuity of the participant under such section shall be at least the smaller of (A) 40 percent of the participant's high-3 average pay, or (B) the sum obtained under such section after increasing the participant's length of service by the difference between the participant's age at the time of death and age 60.

(3) Limitation

Notwithstanding paragraph (1), if the participant had a former spouse qualifying for an annuity under section 2032(b) of this title, the annuity of a surviving spouse under this section shall be subject to the limitation of section 2031(b)(3)(B) of this title, and the annuity of a former spouse under this section shall be subject to the limitation of section 2032(b)(4)(B) of this title.

(4) Precedence of section 2034 survivor annuity over death-in-service annuity

If a former spouse who is eligible for a death-in-service annuity under this section is or becomes eligible for an annuity under section 2034 of this title, the annuity provided under this section shall not be payable and shall be superseded by the annuity under section 2034 of this title.

(c) Annuities for surviving children

(1) Participants dying before April 1, 1992

In the case of a participant who before April 1, 1992, died before separation or retirement from the Agency and who was survived by a child or children—

(A) if the participant was survived by a spouse, there shall be paid from the fund to or on behalf of each such surviving child an annuity determined under section 2031(d)(3)(A) of this title; and

(B) if the participant was not survived by a spouse, there shall be paid from the fund to or on behalf of each such surviving child an annuity determined under section 2031(d)(3)(B) of this title.

(2) Participants dying on or after April 1, 1992

In the case of a participant who on or after April 1, 1992, dies before separation or retirement from the Agency and who is survived by a child or children—

(A) if the participant is survived by a spouse or former spouse who is the natural or adoptive parent of a surviving child of the participant, there shall be paid from the fund to or on behalf of each such surviving child an annuity determined under section 2031(d)(3)(A) of this title; and

(B) if the participant is not survived by a spouse or former spouse who is the natural or adoptive parent of a surviving child of the participant, there shall be paid to or on behalf of each such surviving child an annuity determined under section 2031(d)(3)(B) of this title.

(3) "Former spouse" defined

For purposes of this subsection, the term "former spouse" includes any former wife or husband of a participant, regardless of the length of marriage or the amount of creditable service completed by the participant.

(Pub. L. 88–643, title II, §232, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3223; amended Pub. L. 103–178, title II, §202(a)(9), Dec. 3, 1993, 107 Stat. 2026; Pub. L. 116–92, div. E, title LXII, §6202(a)(2)(A)(i), Dec. 20, 2019, 133 Stat. 2185.)

Editorial Notes

Prior Provisions

A prior section 232 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1048; Pub. L. 91–185, §4, Dec. 30, 1969, 83 Stat. 848; Pub. L. 94–522, title II, §208, Oct. 17, 1976, 90 Stat. 2471; Pub. L. 99–335, title V, §501(2), June 6, 1986, 100 Stat. 622; Pub. L. 100–178, title IV, §402(a), Dec. 2, 1987, 101 Stat. 1013; Pub. L. 101–193, title III, §303, Nov. 30, 1989, 103 Stat. 1703; Pub. L. 102–88, title III, §305(a)(3), Aug. 14, 1991, 105 Stat. 432; Pub. L. 102–183, title III, §302(b), (c), Dec. 4, 1991, 105 Stat. 1262, 1263; Pub. L. 102–496, title III, §304(b), Oct. 24, 1992, 106 Stat. 3183, related to death in service and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Amendments

2019—Subsec. (b)(1). Pub. L. 116–92 substituted "2031(i)," for "2031(h),".

1993—Subsec. (b)(4). Pub. L. 103–178 substituted "eligible for an annuity under section 2034" for "eligible for an annuity under section 2032".

Statutory Notes and Related Subsidiaries

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2053. Voluntary retirement

(a) A participant who is at least 50 years of age and has completed 20 years of service may, on the participant's application and with the consent of the Director, be retired from the Agency and receive benefits in accordance with the provisions of section 2031 of this title if the participant has not less than 10 years of service with the Agency.

(b) A participant who has at least 25 years of service, ten years of which are with the Agency, may retire, with the consent of the Director, at any age and receive benefits in accordance with the provisions of section 2031 of this title if the Office of Personnel Management has authorized separation from service voluntarily for Agency employees under section 8336(d)(2) of title 5 with respect to the Civil Service Retirement System or section 8414(b)(1)(B) of such title with respect to the Federal Employees' Retirement System.

(Pub. L. 88–643, title II, §233, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3225; amended Pub. L. 103–36, §3, June 8, 1993, 107 Stat. 106.)

Editorial Notes

Prior Provisions

A prior section 233 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1048, related to voluntary retirement and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Amendments

1993—Pub. L. 103–36 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2054. Discontinued service benefits

(a) Deferred annuity

A participant who separates from the Agency may, upon separation or at any time before the commencement of an annuity under this subchapter, elect—

(1) to have the participant's contributions to the fund returned to the participant in accordance with section 2071(a) of this title; or

(2) except in a case in which the Director determines that separation was based in whole or in part on the ground of disloyalty to the United States, to leave the contributions in the fund and receive an annuity, computed as prescribed in section 2031 of this title, commencing at age 62.

(b) Refund of contributions if former participant dies before age 62

If a participant who qualifies under subsection (a) to receive a deferred annuity commencing at age 62 dies before reaching age 62, the participant's contributions to the fund, with interest, shall be paid in accordance with the provisions of section 2071 of this title.

(Pub. L. 88–643, title II, §234, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3225; amended Pub. L. 103–178, title II, §202(a)(10), Dec. 3, 1993, 107 Stat. 2026.)

Editorial Notes

Prior Provisions

A prior section 234 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1048; Pub. L. 97–269, title VI, §608, Sept. 27, 1982, 96 Stat. 1152; Pub. L. 99–335, title V, §501(2), June 6, 1986, 100 Stat. 622, related to discontinued service benefits and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Amendments

1993—Subsec. (b). Pub. L. 103–178 substituted "section 2071" for "sections 2071 and 2121".

Statutory Notes and Related Subsidiaries

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2055. Mandatory retirement

(a) Involuntary retirement

(1) Authority of director.—The Director may, in the Director's discretion, place in a retired status any participant in the system described in paragraph (2).

(2) Paragraph (1) applies with respect to any participant who has not less than 10 years of service with the Agency and who—

(A) has completed at least 25 years of service; or

(B) is at least 50 years of age and has completed at least 20 years of service.

(b) Mandatory retirement for age

(1) In general

A participant in the system shall be automatically retired from the Agency—

(A) upon reaching age 65, in the case of a participant in the system who is at the Senior Intelligence Service rank of level 4 or above; and

(B) upon reaching age 60, in the case of any other participant in the system.

(2) Effective date of retirement

Retirement under paragraph (1) shall be effective on the last day of the month in which the participant reaches the age applicable to that participant under that paragraph.

(3) Authority for extension

In any case in which the Director determines it to be in the public interest, the Director may extend the mandatory retirement date for a participant under this subsection by a period of not to exceed 5 years.

(c) Retirement benefits

A participant retired under this section shall receive retirement benefits in accordance with section 2031 of this title.

(Pub. L. 88–643, title II, §235, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3225; amended Pub. L. 111–259, title II, §201, Oct. 7, 2010, 124 Stat. 2657.)

Editorial Notes

Prior Provisions

A prior section 235 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1049; Ex. Ord. No. 12443, §13, Sept. 27, 1983, 48 F.R. 44754; Pub. L. 99–335, title V, §501(2), June 6, 1986, 100 Stat. 622; Pub. L. 102–183, title III, §307, Dec. 4, 1991, 105 Stat. 1265, related to mandatory retirement and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Amendments

2010—Subsec. (b)(1)(A). Pub. L. 111–259 substituted "who is at the Senior Intelligence Service rank" for "receiving compensation under the Senior Intelligence Service pay schedule at the rate".

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2056. Eligibility for annuity

(a) One-out-of-two requirement

A participant must complete, within the last two years before any separation from service (except a separation because of death or disability) at least one year of creditable civilian service during which the participant is subject to this subchapter and in a pay status before the participant or the participant's survivors are eligible for an annuity under this subchapter based on that separation.

(b) Refund of contributions for time not allowed for credit

If a participant (other than a participant separated from the service because of death or disability) fails to meet the service and pay status requirement of subsection (a), any amounts deducted from the participant's pay during the period for which no eligibility is established based on the separation shall be returned to the participant on the separation.

(c) Exception

Failure to meet the service and pay status requirement of subsection (a) shall not deprive the participant or the participant's survivors of any annuity to which they may be entitled under this subchapter based on a previous separation.

(Pub. L. 88–643, title II, §236, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3226.)

Editorial Notes

Prior Provisions

A prior section 236 of Pub. L. 88–643, as added Pub. L. 101–193, title III, §302(2), Nov. 30, 1989, 103 Stat. 1703, related to eligibility for annuity and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

A prior section 237 of Pub. L. 88–643, title II, formerly §236, Oct. 13, 1964, 78 Stat. 1049; Pub. L. 91–626, §4, Dec. 31, 1970, 84 Stat. 1873; Pub. L. 93–31, May 8, 1973, 87 Stat. 65; Pub. L. 99–335, title V, §501(2), June 6, 1986, 100 Stat. 622, renumbered §237, Pub. L. 101–193, title III, §302(1), Nov. 30, 1989, 103 Stat. 1703, related to limitation on number of retirements and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

Part E—Lump-Sum Payments

§2071. Lump-sum payments

(a) Entitlement to lump-sum credit

Subject to section 2082(d) of this title and subsection (b) of this section, a participant who—

(1) is separated from the Agency for at least 31 consecutive days and is not transferred to employment covered by another retirement system for Government employees;

(2) files an application with the Director for payment of the lump-sum credit;

(3) is not reemployed in a position in which the participant is subject to this subchapter at the time the participant files the application; and

(4) will not become eligible to receive an annuity under this subchapter within 31 days after filing the application,

is entitled to be paid the lump-sum credit. Receipt of the payment of the lump-sum credit by the former participant voids all annuity rights under this subchapter based on the service on which the lump-sum credit is based, until the former participant is reemployed in service subject to this subchapter.

(b) Conditions for payment of lump-sum credit

(1) In general

Whenever a former participant becomes entitled to receive payment of the lump-sum credit under subsection (a), such lump-sum credit shall be paid to the former participant and to any former spouse or former wife or husband of the former participant in accordance with paragraphs (2) through (4). The former participant's lump-sum credit shall be reduced by the amount of the lump-sum credit payable to any former spouse or former wife or husband.

(2) Pro rata share for former spouse

Unless otherwise expressly provided by any spousal agreement or court order under section 2094(b) of this title, a former spouse of the former participant shall be entitled to receive a share of such participant's lump-sum credit—

(A) if married to the participant throughout the period of creditable service of the participant, equal to 50 percent of such lump-sum credit; or

(B) if not married to the participant throughout such creditable service, equal to a proportion of 50 percent of such lump-sum credit which is the proportion that the number of days of the marriage of the former spouse to the participant during periods of creditable service of such participant bears to the total number of days of such creditable service.

(3) Share for former wife or husband

Payment of the former participant's lump-sum credit shall be subject to the terms of a court order under section 2094(c) of this title concerning any former wife or husband of the former participant if—

(A) the court order expressly relates to any portion of such lump-sum credit; and

(B) payment of the lump-sum credit would extinguish entitlement of such former wife or husband to a survivor annuity under section 2036 of this title or to any portion of the participant's annuity under section 2094(c) of this title.

(4) Notification

A lump-sum credit may be paid to or for the benefit of a former participant—

(A) only upon written notification to (i) the current spouse, if any, (ii) any former spouse, and (iii) any former wife or husband who has a court order covered by paragraph (3); and

(B) only if the express written concurrence of the current spouse has been received by the Director.

This paragraph may be waived under circumstances described in section 2031(b)(1)(D) of this title.

(c) Order of precedence of payment

A lump-sum payment authorized by subsection (d) or (e) of this section 2121(d) ¹ of this title and a payment of any accrued and unpaid annuity authorized by subsection (f) of this section shall be paid in the following order of precedence to individuals surviving the participant and alive on the date entitlement to the payment arises, upon establishment of a valid claim therefor, and such payment bars recovery by any other individual:

(1) To the beneficiary or beneficiaries designated by such participant in a signed and witnessed writing received by the Director before the participant's death. For this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed with the Director shall have no force or effect.

(2) If there is no designated beneficiary, to the surviving wife or husband of such participant.

(3) If none of the above, to the child or children of such participant and descendent of deceased children by representation.

(4) If none of the above, to the parents of such participant or the survivor of them.

(5) If none of the above, to the duly appointed executor or administrator of the estate of such participant.

(6) If none of the above, to such other next of kin of such participant as the Director determines to be legally entitled to such payment.

(d) Death of former participant before retirement

(1) In general

Except as provided in paragraph (2), if a former participant eligible for a deferred annuity under section 2054 of this title dies before reaching age 62, such former participant's lump-sum credit shall be paid in accordance with subsection (c).

(2) Limitation

In any case where there is a surviving former spouse or surviving former wife or husband of such participant who is entitled to a share of such participant's lump-sum credit under paragraphs (2) and (3) of subsection (b), the lump-sum credit payable under paragraph (1) shall be reduced by the lump-sum credit payable to such former spouse or former wife or husband.

(e) Termination of all annuity rights

If all annuity rights under this subchapter based on the service of a deceased participant or annuitant terminate before the total annuity paid equals the lump-sum credit, the difference shall be paid in accordance with subsection (c).

(f) Payment of accrued and unpaid annuity when retired participant dies

If a retired participant dies, any annuity accrued and unpaid shall be paid in accordance with subsection (c).

(g) Termination of survivor annuity

An annuity accrued and unpaid on the termination, except by death, of the annuity of a survivor annuitant shall be paid to that individual. An annuity accrued and unpaid on the death of a survivor annuitant shall be paid in the following order of precedence, and the payment bars recovery by any other individual:

(1) To the duly appointed executor or administrator of the estate of the survivor annuitant.

(2) If there is no executor or administrator, to such next of kin of the survivor annuitant as the Director determines to be legally entitled to such payment, except that no payment shall be made under this paragraph until after the expiration of 30 days from the date of death of the survivor annuitant.

(Pub. L. 88–643, title II, §241, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3226; amended Pub. L. 103–178, title II, §202(a)(11), Dec. 3, 1993, 107 Stat. 2026.)

Editorial Notes

Prior Provisions

A prior section 241 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1049; Pub. L. 94–522, title II, §209, Oct. 17, 1976, 90 Stat. 2471; Ex. Ord. No. 12443, §5, Sept. 27, 1983, 48 F.R. 44752; Pub. L. 99–335, title V, §501(2), June 6, 1986, 100 Stat. 622, related to disposition of contributions and interest in excess of benefits received and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Amendments

1993—Subsec. (c). Pub. L. 103–178, §202(a)(11)(A), substituted "A lump-sum payment authorized by subsection (d) or (e) of this section 2121(d) of this title and a payment of any accrued and unpaid annuity authorized by subsection (f) of this section" for "A lump-sum benefit that would have been payable to a participant, former participant, or annuitant, or to a survivor annuitant, authorized by subsection (d) or (e) of this section or by section 2054(b) or 2121(d) of this title".

Subsecs. (f), (g). Pub. L. 103–178, §202(a)(11)(B), added subsec. (f) and redesignated former subsec. (f) as (g).

Statutory Notes and Related Subsidiaries

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

¹ So in original. The words "of this section 2121(d)" probably should be "of this section or by section 2121(d)".

Part F—Period of Service for Annuities

§2081. Computation of length of service

(a) In general

(1) Crediting service as participant

For the purposes of this subchapter, the period of service of a participant shall be computed from the date on which the participant becomes a participant under this subchapter.

(2) Exclusion of certain periods

In computing the period of service of a participant, all periods of separation from the Agency and so much of any leave of absence without pay as may exceed six months in the aggregate in any calendar year shall be excluded, except leaves of absence while receiving benefits under chapter 81 of title 5 and leaves of absence granted participants while performing active and honorable service in the Armed Forces.

(3) Crediting certain periods of separation

A participant or former participant who returns to Government duty after a period of separation shall have included in the participant or former participant's period of service that part of the period of separation in which the participant or former participant was receiving benefits under chapter 81 of title 5.

(b) Extra credit for periods served at unhealthful posts overseas

(1) Classification of certain posts as unhealthful

The Director may from time to time establish a list of places outside the United States that, by reason of climatic or other extreme conditions, are to be classed as unhealthful posts. Such list shall be established in consultation with the Secretary of State.

(2) Extra credit

Each year of duty at a post on the list established under paragraph (1), inclusive of regular leaves of absence, shall be counted as one and a half years in computing the length of service of a participant under this subchapter for the purpose of retirement. In computing such service, any fractional month shall be treated as a full month.

(3) Coordination with benefits under title 5

Extra credit for service at an unhealthful post may not be credited to a participant who is paid a differential under section 5925 or 5928 of title 5 for the same service.

(Pub. L. 88–643, title II, §251, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3228.)

Editorial Notes

Prior Provisions

A prior section 251 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1050; Pub. L. 94–522, title II, §210, Oct. 17, 1976, 90 Stat. 2471; Pub. L. 99–169, title VII, §702, Dec. 4, 1985, 99 Stat. 1008; Pub. L. 99–335, title V, §501(2), June 6, 1986, 100 Stat. 622, related to computation of length of service and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2082. Prior service credit

(a) In general

A participant may, subject to the provisions of this section, include in the participant's period of service—

(1) civilian service in the Government before becoming a participant that would be creditable toward retirement under subchapter III of chapter 83 of title 5 (as determined under section 8332(b) of such title); and

(2) honorable active service in the Armed Forces before the date of the separation upon which eligibility for an annuity is based, or honorable active service in the Regular or Reserve Corps ¹ of the Public Health Service after June 30, 1960, or as a commissioned officer of the National Oceanic and Atmospheric Administration after June 30, 1961.

(b) Limitations

(1) In general

Except as provided in paragraphs (2) and (3), the total service of any participant shall exclude—

(A) any period of civilian service on or after October 1, 1982, for which retirement deductions or deposits have not been made,

(B) any period of service for which a refund of contributions has been made, or

(C) any period of service for which contributions were not transferred pursuant to subsection (c)(1);

unless the participant makes a deposit to the fund in an amount equal to the percentages of basic pay received for such service as specified in the table contained in section 8334(c) of title 5, together with interest computed in accordance with section 8334(e) of such title. The deposit may be made in one or more installments (including by allotment from pay), as determined by the Director.

(2) Effect of retirement deductions not made

If a participant has not paid a deposit for civilian service performed before October 1, 1982, for which retirement deductions were not made, such participant's annuity shall be reduced by 10 percent of the deposit described in paragraph (1) remaining unpaid, unless the participant elects to eliminate the service involved for the purpose of the annuity computation.

(3) Effect of refund of retirement contributions

A participant who received a refund of retirement contributions under this or any other retirement system for Government employees covering service for which the participant may be allowed credit under this subchapter may deposit the amount received, with interest computed under paragraph (1). Credit may not be allowed for the service covered by the refund until the deposit is made, except that a participant who—

(A) separated from Government service before March 31, 1991, and received a refund of the participant's retirement contributions covering a period of service ending before March 31, 1991;

(B) is entitled to an annuity under this subchapter (other than a disability annuity) which commences after December 1, 1992; and

(C) does not make the deposit required to receive credit for the service covered by the refund;

shall be entitled to an annuity actuarially reduced in accordance with section 8334(d)(2)(B) of title 5.

(4) Entitlement under another system

Credit toward retirement under the system shall not be allowed for any period of civilian service on the basis of which the participant is receiving (or will in the future be entitled to receive) an annuity under another retirement system for Government employees, unless the right to such annuity is waived and a deposit is made under paragraph (1) covering that period of service, or a transfer is made pursuant to subsection (c).

(c) Transfer from other Government retirement systems

(1) In general

If an employee who is under another retirement system for Government employees becomes a participant in the system by direct transfer, the Government's contributions (including interest accrued thereon computed in accordance with section 8334(e) of title 5) under such retirement system on behalf of the employee as well as such employee's total contributions and deposits (including interest accrued thereon), except voluntary contributions, shall be transferred to the employee's credit in the fund effective as of the date such employee becomes a participant in the system.

(2) Consent of employee

Each such employee shall be deemed to consent to the transfer of such funds, and such transfer shall be a complete discharge and acquittance of all claims and demands against the other Government retirement fund on account of service rendered before becoming a participant in the system.

(3) Additional contributions; refunds

A participant whose contributions are transferred pursuant to paragraph (1) shall not be required to make additional contributions for periods of service for which full contributions were made to the other Government retirement fund, nor shall any refund be made to any such participant on account of contributions made during any period to the other Government retirement fund at a higher rate than that fixed for employees by section 8334(c) of title 5 for contributions to the fund.

(d) Transfer to other Government retirement systems

(1) In general

If a participant in the system becomes an employee under another Government retirement system by direct transfer to employment covered by such system, the Government's contributions (including interest accrued thereon computed in accordance with section 8334(e) of title 5) to the fund on the participant's behalf as well as the participant's total contributions and deposits (including interest accrued thereon), except voluntary contributions, shall be transferred to the participant's credit in the fund of such other retirement system effective as of the date on which the participant becomes eligible to participate in such other retirement system.

(2) Consent of employee

Each such employee shall be deemed to consent to the transfer of such funds, and such transfer shall be a complete discharge and acquittance of all claims and demands against the fund on account of service rendered before the participant's becoming eligible for participation in that other system.

(e) Prior military service credit

(1) Application to obtain credit

If a deposit required to obtain credit for prior military service described in subsection (a)(2) was not made to another Government retirement fund and transferred under subsection (c)(1), the participant may obtain credit for such military service, subject to the provisions of this subsection and subsections (f) through (h), by applying for it to the Director before retirement or separation from the Agency.

(2) Employment starting before, on, or after October 1, 1982

Except as provided in paragraph (3)—

(A) the service of a participant who first became a Federal employee before October 1, 1982, shall include credit for each period of military service performed before the date of separation on which entitlement to an annuity under this subchapter is based, subject to subsection (f); and

(B) the service of a participant who first becomes a Federal employee on or after October 1, 1982, shall include credit for—

(i) each period of military service performed before January 1, 1957, and

(ii) each period of military service performed after December 31, 1956, and before the separation on which entitlement to an annuity under this subchapter is based, only if a deposit (with interest, if any) is made with respect to that period, as provided in subsection (h).

(3) Effect of receipt of military retired pay

In the case of a participant who is entitled to retired pay based on a period of military service, the participant's service may not include credit for such period of military service unless the retired pay is paid—

(A) on account of a service-connected disability—

(i) incurred in combat with an enemy of the United States; or

(ii) caused by an instrumentality of war and incurred in the line of duty during a period of war (as defined in section 1101 of title 38); or

(B) under chapter 67 ² of title 10.

(4) Survivor annuity

Notwithstanding paragraph (3), the survivor annuity of a survivor of a participant—

(A) who was awarded retired pay based on any period of military service, and

(B) whose death occurs before separation from the Agency,

shall be computed in accordance with section 8332(c)(3) of title 5.

(f) Effect of entitlement to social security benefits

(1) In general

Notwithstanding any other provision of this section (except paragraph (3) of this subsection) or section 2083 of this title, any military service (other than military service covered by military leave with pay from a civilian position) performed by a participant after December 1956 shall be excluded in determining the aggregate period of service on which an annuity payable under this subchapter to such participant or to the participant's spouse, former spouse, previous spouse, or child is based, if such participant, spouse, former spouse, previous spouse, or child is entitled (or would upon proper application be entitled), at the time of such determination, to monthly old-age or survivors' insurance benefits under section 402 of title 42, based on such participant's wages and self-employment income. If the military service is not excluded under the preceding sentence, but upon attaining age 62, the participant or spouse, former spouse, or previous spouse becomes entitled (or would upon proper application be entitled) to such benefits, the aggregate period of service on which the annuity is based shall be redetermined, effective as of the first day of the month in which the participant or spouse, former spouse, or previous spouse attains age 62, so as to exclude such service.

(2) Limitation

The provisions of paragraph (1) relating to credit for military service do not apply to—

(A) any period of military service of a participant with respect to which the participant has made a deposit with interest, if any, under subsection (h); or

(B) the military service of any participant described in subsection (e)(2)(B).

(3) Effect of entitlement before September 8, 1982

(A) The annuity recomputation required by paragraph (1) shall not apply to any participant who was entitled to an annuity under this subchapter on or before September 8, 1982, or who is entitled to a deferred annuity based on separation from the Agency occurring on or before such date. Instead of an annuity recomputation, the annuity of such participant shall be reduced at age 62 by an amount equal to a fraction of the participant's old-age or survivors' insurance benefits under section 402 of title 42. The reduction shall be determined by multiplying the participant's monthly Social Security benefit by a fraction, the numerator of which is the participant's total military wages and deemed additional wages (within the meaning of section 429 of title 42) that were subject to Social Security deductions and the denominator of which is the total of all the participant's wages, including military wages, and all self-employment income that were subject to Social Security deductions before the calendar year in which the determination month occurs.

(B) The reduction determined in accordance with subparagraph (A) shall not be greater than the reduction that would be required under paragraph (1) if such paragraph applied to the participant. The new formula shall be applicable to any annuity payment payable after October 1, 1982, including annuity payments to participants who had previously reached age 62 and whose annuities had already been recomputed.

(C) For purposes of this paragraph, the term "determination month" means—

(i) the first month for which the participant is entitled to old-age or survivors' insurance benefits (or would be entitled to such benefits upon application therefor); or

(ii) October 1982, in the case of any participant entitled to such benefits for that month.

(g) Deposits paid by survivors

For the purpose of survivor annuities, deposits authorized by subsections (b) and (h) may also be made by the survivor of a participant.

(h) Deposits for periods of military service

(1)(A) Each participant who has performed military service before the date of separation on which entitlement to an annuity under this subchapter is based may pay to the Agency an amount equal to 7 percent of the amount of basic pay paid under section 204 of title 37 to the participant for each period of military service after December 1956; except, the amount to be paid for military service performed beginning on January 1, 1999, through December 31, 2000, shall be as follows:

(B) The amount of such payments shall be based on such evidence of basic pay for military service as the participant may provide or, if the Director determines sufficient evidence has not been provided to adequately determine basic pay for military service, such payment shall be based upon estimates of such basic pay provided to the Director under paragraph (4).

(2) Any deposit made under paragraph (1) more than two years after the later of—

(A) October 1, 1983, or

(B) the date on which the participant making the deposit first becomes an employee of the Federal Government,

shall include interest on such amount computed and compounded annually beginning on the date of expiration of the two-year period. The interest rate that is applicable in computing interest in any year under this paragraph shall be equal to the interest rate that is applicable for such year under section 8334(e) of title 5.

(3) Any payment received by the Director under this subsection shall be deposited in the Treasury of the United States to the credit of the fund.

(4) The provisions of section 2031(l) of this title shall apply with respect to such information as the Director determines to be necessary for the administration of this subsection in the same manner that such section applies concerning information described in that section.

(Pub. L. 88–643, title II, §252, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3229; amended Pub. L. 105–33, title VII, §7001(c)(3), Aug. 5, 1997, 111 Stat. 659; Pub. L. 106–346, §101(a) [title V, §505(c)(2)], Oct. 23, 2000, 114 Stat. 1356, 1356A-53; Pub. L. 116–92, div. E, title LXII, §6202(a)(2)(A)(ii), (c), Dec. 20, 2019, 133 Stat. 2185, 2186.)

Editorial Notes

References in Text

Chapter 67 of title 10, referred to in subsec. (e)(3)(B), was transferred to part II of subtitle E of Title 10, Armed Forces, renumbered as chapter 1223, and amended generally by Pub. L. 103–337, div. A, title XVI, §1662(j)(1), Oct. 5, 1994, 108 Stat. 2998. A new chapter 67 (§1331) of Title 10 was added by section 1662(j)(7) of Pub. L. 103–337.

Prior Provisions

A prior section 252 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1050; Pub. L. 91–626, §§5, 6, Dec. 31, 1970, 84 Stat. 1872; Pub. L. 94–522, title II, §211, Oct. 17, 1976, 90 Stat. 2471; Ex. Ord. No. 12443, §§9–11, 15, Sept. 27, 1983, 48 F.R. 44753, 44755; Ex. Ord. No. 12485, July 13, 1984, 49 F.R. 28827; Pub. L. 99–335, title V, §501(2), June 6, 1986, 100 Stat. 622; Pub. L. 102–83, §5(c)(2), Aug. 6, 1991, 105 Stat. 406, related to prior service credit and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Amendments

2019—Subsec. (b)(3)(A). Pub. L. 116–92, §6202(c), substituted "March 31, 1991" for "October 1, 1990" in two places.

Subsec. (h)(4). Pub. L. 116–92, §6202(a)(2)(A)(ii), substituted "2031(l)" for "2031(k)".

2000—Subsec. (h)(1)(A). Pub. L. 106–346, in introductory provisions, substituted "December 31, 2000" for "December 31, 2002" and in table struck out item at end relating to payment of 7.5 percent of basic pay for service period January 1, 2001, to December 31, 2002.

1997—Subsec. (h)(1). Pub. L. 105–33 amended par. (1) generally. Prior to amendment, par. (1) read as follows: "Each participant who has performed military service before the date of separation on which entitlement to an annuity under this subchapter is based may pay to the Agency an amount equal to 7 percent of the amount of basic pay paid under section 204 of title 37 to the participant for each period of military service after December 1956. The amount of such payments shall be based on such evidence of basic pay for military service as the participant may provide or, if the Director determines sufficient evidence has not been provided to adequately determine basic pay for military service, such payment shall be based upon estimates of such basic pay provided to the Director under paragraph (4)."

Statutory Notes and Related Subsidiaries

Change of Name

Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.

Effective Date of 2019 Amendment

Amendment by Pub. L. 116–92 effective as if enacted on Oct. 28, 2009, and applicable to computations or participants, respectively, as of such date, see section 6202(e) of Pub. L. 116–92, set out as a note under section 2031 of this title.

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–346 effective upon the close of calendar year 2000 and applicable thereafter, see section 101(a) [title V, §505(i)] of Pub. L. 106–346, set out as a note under section 8334 of Title 5, Government Organization and Employees.

Effective Date of 1997 Amendment

Amendment by Pub. L. 105–33 effective Oct. 1, 1997, see section 7001(f) of Pub. L. 105–33, set out as a note under section 8334 of Title 5, Government Organization and Employees.

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

¹ See Change of Name note below.

² See References in Text note below.

§2083. Credit for service while on military leave

(a) General rule

A participant who, during the period of any war or of any national emergency as proclaimed by the President or declared by the Congress, leaves the participant's position in the Agency to enter military service shall not be considered, for purposes of this subchapter, as separated from the participant's position in the Agency by reason of such military service, unless the participant applies for and receives a refund of contributions under this subchapter. Such a participant may not be considered as retaining such position in the Agency after December 31, 1956, or upon the expiration of five years of such military service, whichever is later.

(b) Waiver of contributions

Except to the extent provided under section 2082(e) or 2082(h) of this title, contributions shall not be required covering periods of leave of absence from the Agency granted a participant while performing active service in the Armed Forces.

(Pub. L. 88–643, title II, §253, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3234.)

Editorial Notes

Prior Provisions

A prior section 253 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1052; Pub. L. 99–335, title V, §501(2), June 6, 1986, 100 Stat. 622, related to credit for service while on military leave and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

Part G—Moneys

§2091. Estimate of appropriations needed

(a) Estimates of annual appropriations

The Director shall prepare the estimates of the annual appropriations required to be made to the fund.

(b) Actuarial valuations

The Director shall cause to be made actuarial valuations of the fund at such intervals as the Director determines to be necessary, but not less often than every five years.

(c) Changes in law affecting actuarial status of fund

Any statute which authorizes—

(1) new or increased benefits payable from the fund under this subchapter, including annuity increases other than under section 2131 of this title;

(2) extension of the coverage of this subchapter to new groups of employees; or

(3) increases in pay on which benefits are computed;

is deemed to authorize appropriations to the fund in order to provide funding for the unfunded liability created by that statute, in 30 equal annual installments with interest computed at the rate used in the then most recent valuation of the system and with the first payment thereof due as of the end of the fiscal year in which such new or liberalized benefit, extension of coverage, or increase in pay is effective.

(d) Authorization

There is hereby authorized to be appropriated to the fund for each fiscal year such amounts as may be necessary to meet the amount of normal cost for each year that is not met by contributions under section 2021(a) of this title.

(e) Unfunded liability; credit allowed for military service

There is hereby authorized to be appropriated to the fund for each fiscal year such sums as may be necessary to provide the amount equivalent to—

(1) interest on the unfunded liability computed for that year at the interest rate used in the then most recent valuation of the system; and

(2) that portion of disbursement for annuities for that year that the Director estimates is attributable to credit allowed for military service,

less an amount determined by the Director to be appropriate to reflect the value of the deposits made to the credit of the fund under section 2082(h) of this title.

(Pub. L. 88–643, title II, §261, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3234.)

Editorial Notes

Prior Provisions

A prior section 261 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1052; Pub. L. 94–522, title I, §102, Oct. 17, 1976, 90 Stat. 2467; Ex. Ord. No. 12443, §12, Sept. 27, 1983, 48 F.R. 44754; Pub. L. 99–335, title V, §501(2), (3), June 6, 1986, 100 Stat. 622, related to estimate of appropriations needed and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2092. Investment of moneys in fund

The Director may, with the approval of the Secretary of the Treasury, invest from time to time in interest-bearing securities of the United States such portions of the fund as in the Director's judgment may not be immediately required for the payment of annuities, cash benefits, refunds, and allowances from the fund. The income derived from such investments shall be credited to and constitute a part of the fund.

(Pub. L. 88–643, title II, §262, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3235.)

Editorial Notes

Prior Provisions

A prior section 262 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1052, related to investment of moneys in the fund and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2093. Payment of benefits

(a) Annuities stated as annual amounts

Each annuity is stated as an annual amount, 1/12 of which, rounded to the next lowest dollar, constitutes the monthly rate payable on the first business day of the month after the month or other period for which it has accrued.

(b) Commencement of annuity

(1) Commencement of annuity for participants generally

Except as otherwise provided in paragraph (2), the annuity of a participant who has met the eligibility requirements for an annuity shall commence on the first day of the month after separation from the Agency or after pay ceases and the service and age requirements for title to an annuity are met.

(2) Exceptions

The annuity of—

(A) a participant involuntarily separated from the Agency;

(B) a participant retiring under section 2051 of this title due to a disability; and

(C) a participant who serves 3 days or less in the month of retirement;

shall commence on the day after separation from the Agency or the day after pay ceases and the service and age or disability requirements for title to annuity are met.

(3) Other annuities

Any other annuity payable from the fund commences on the first day of the month after the occurrence of the event on which payment thereof is based.

(c) Termination of annuity

An annuity payable from the fund shall terminate—

(1) in the case of a retired participant, on the day death or any other terminating event provided by this subchapter occurs; or

(2) in the case of a former spouse or a survivor, on the last day of the month before death or any other terminating event occurs.

(d) Application for survivor annuities

The annuity to a survivor shall become effective as otherwise specified but shall not be paid until the survivor submits an application for such annuity, supported by such proof of eligibility as the Director may require. If such application or proof of eligibility is not submitted during the lifetime of an otherwise eligible individual, no annuity shall be due or payable to the individual's estate.

(e) Waiver of annuity

An individual entitled to an annuity from the fund may decline to accept all or any part of the annuity by submitting a signed waiver to the Director. The waiver may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver is in effect.

(f) Limitations

(1) Application before 115th anniversary

No payment shall be made from the fund unless an application for benefits based on the service of the participant is received by the Director before the 115th anniversary of the participant's birth.

(2) Application within 30 years

Notwithstanding paragraph (1), after the death of a participant or retired participant, no benefit based on that participant's service may be paid from the fund unless an application for the benefit is received by the Director within 30 years after the death or other event which gives rise to eligibility for the benefit.

(g) Withholding of State income tax from annuities

(1) Agreements with States

The Director shall, in accordance with this subsection, enter into an agreement with any State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the Director shall withhold State income tax in the case of the monthly annuity of any annuitant who voluntarily requests, in writing, such withholding. The amounts withheld during any calendar quarter shall be held in the fund and disbursed to the States during the month following that calendar quarter.

(2) Limitation on multiple requests

An annuitant may have in effect at any time only one request for withholding under this subsection, and an annuitant may not have more than two such requests during any one calendar year.

(3) Change in State designation

Subject to paragraph (2), an annuitant may change the State designated by that annuitant for purposes of having withholdings made, and may request that the withholdings be remitted in accordance with such change. An annuitant also may revoke any request of that annuitant for withholding. Any change in the State designated or revocation is effective on the first day of the month after the month in which the request or the revocation is processed by the Director, but in no event later than on the first day of the second month beginning after the day on which such request or revocation is received by the Director.

(4) General provisions

This subsection does not give the consent of the United States to the application of a statute which imposes more burdensome requirements of the United States than on employers generally, or which subjects the United States or any annuitant to a penalty or liability because of this subsection. The Director may not accept pay from a State for services performed in withholding State income taxes from annuities. Any amount erroneously withheld from an annuity and paid to a State by the Director shall be repaid by the State in accordance with regulations prescribed by the Director.

(5) "State" defined

For the purpose of this subsection, the term "State" includes the District of Columbia and any territory or possession of the United States.

(Pub. L. 88–643, title II, §263, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3235; amended Pub. L. 118–31, div. G, title IX, §7901(d)(2), Dec. 22, 2023, 137 Stat. 1106.)

Editorial Notes

Prior Provisions

A prior section 263 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1052; Pub. L. 97–269, title VI, §609, Sept. 27, 1982, 96 Stat. 1153; Pub. L. 99–335, title V, §501(2), June 6, 1986, 100 Stat. 622, related to attachment of moneys and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Amendments

2023—Subsec. (g)(1). Pub. L. 118–31 substituted "fund" for "Fund".

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2094. Attachment of moneys

(a) Exemption from legal process

Except as provided in subsections (b), (c), and (e), none of the moneys mentioned in this subchapter shall be assignable either in law or equity, or be subject to execution, levy, attachment, garnishment, or other legal process, except as otherwise may be provided by Federal laws.

(b) Payment to former spouses under court order or spousal agreement

In the case of any participant, former participant, or retired participant who has a former spouse who is covered by a court order or who is a party to a spousal agreement—

(1) any right of the former spouse to any annuity under section 2032(a) of this title in connection with any retirement or disability annuity of the participant, and the amount of any such annuity;

(2) any right of the former spouse of a participant or retired participant to a survivor annuity under section 2032(b) or 2032(c) of this title, and the amount of any such annuity; and

(3) any right of the former spouse of a former participant to any payment of a lump-sum credit under section 2071(b) of this title, and the amount of any such payment;

shall be determined in accordance with that spousal agreement or court order, if and to the extent expressly provided for in the terms of the spousal agreement or court order that are not inconsistent with the requirements of this subchapter.

(c) Other payments under court orders

Payments under this subchapter that would otherwise be made to a participant, former participant, or retired participant based upon that participant's service shall be paid, in whole or in part, by the Director to another individual if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation.

(d) Prospective payments; bar to recovery

(1) Subsections (b) and (c) apply only to payments made under this subchapter for periods beginning after the date of receipt by the Director of written notice of such decree, order, or agreement and such additional information and documentation as the Director may require.

(2) Any payment under subsection (b) or (c) to an individual bars recovery by any other individual.

(e) Allotments

An individual entitled to an annuity from the fund may make allotments or assignments of amounts from such annuity for such purposes as the Director considers appropriate.

(Pub. L. 88–643, title II, §264, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3237; amended Pub. L. 103–178, title II, §202(a)(12), Dec. 3, 1993, 107 Stat. 2027.)

Editorial Notes

Prior Provisions

A prior section 264 of Pub. L. 88–643, as added Pub. L. 94–522, title II, §212, Oct. 17, 1976, 90 Stat. 2471, related to recovery of payments and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496. See section 2095 of this title.

Amendments

1993—Subsec. (b)(2). Pub. L. 103–178, §202(a)(12)(A), inserted "and" at end.

Subsec. (b)(3). Pub. L. 103–178, §202(a)(12)(B), substituted ", and the amount of any such payment;" for "and to any payment of a return of contributions under section 2054(a) of this title; and".

Subsec. (b)(4). Pub. L. 103–178, §202(a)(12)(C), struck out par. (4) which read as follows: "any right of the former spouse of a participant or former participant to a lump-sum payment or additional annuity payable from a voluntary contribution account under section 2121 of this title;".

Statutory Notes and Related Subsidiaries

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2095. Recovery of payments

Recovery of payments under this subchapter may not be made from an individual when, in the judgment of the Director, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money payable pursuant to this subchapter on account of a certification or payment made by a former employee of the Agency in the discharge of the former employee's official duties may be made if the Director certifies that the certification or payment involved fraud on the part of the former employee.

(Pub. L. 88–643, title II, §265, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3237; amended Pub. L. 103–178, title II, §202(a)(13), Dec. 3, 1993, 107 Stat. 2027.)

Editorial Notes

Amendments

1993—Pub. L. 103–178 substituted "subchapter" for "chapter" in two places.

Statutory Notes and Related Subsidiaries

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

Part H—Retired Participants Recalled, Reinstated, or Reappointed in Agency or Reemployed in Government

§2111. Recall

(a) Authority to recall

The Director may, with the consent of a retired participant, recall that participant to service in the Agency whenever the Director determines that such recall is in the public interest.

(b) Pay of retired participant while serving

A retired participant recalled to duty in the Agency under subsection (a) or reinstated or reappointed in accordance with section 2051(c) of this title shall, while so serving, be entitled, in lieu of the retired participant's annuity, to the full basic pay of the grade in which the retired participant is serving. During such service, the retired participant shall make contributions to the fund in accordance with section 2021 of this title.

(c) Recomputation of annuity

When the retired participant reverts to retired status, the annuity of the retired participant shall be redetermined in accordance with section 2031 of this title.

(Pub. L. 88–643, title II, §271, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3238; amended Pub. L. 118–31, div. G, title IX, §7901(d)(3), Dec. 22, 2023, 137 Stat. 1106.)

Editorial Notes

Prior Provisions

A prior section 271 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1052, related to recalled participants and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Amendments

2023—Subsec. (b). Pub. L. 118–31 substituted "section 2051(c)" for "section 2051(b)".

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

Executive Documents

Waiver of Dual Compensation Provisions

For waiver of application of the dual compensation reduction provisions of this section for temporary employees during an emergency, see Ex. Ord. No. 13236, Nov. 27, 2001, 66 F.R. 59671, set out as a note under section 2141 of this title.

§2112. Reemployment

A participant retired under this subchapter shall not, by reason of that retired status, be barred from employment in Federal Government service in any appointive position for which the participant is qualified.

(Pub. L. 88–643, title II, §272, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3238.)

Editorial Notes

Prior Provisions

A prior section 272 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1053; Pub. L. 99–335, title V, §501(2), June 6, 1986, 100 Stat. 622, related to reemployed participants and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2113. Reemployment compensation

(a) Deduction from basic pay

An annuitant who has retired under this subchapter and who is reemployed in the Federal Government service in any appointive position (either on a part-time or full-time basis) shall be entitled to receive the annuity payable under this subchapter, but there shall be deducted from the annuitant's basic pay a sum equal to the annuity allocable to the period of actual employment.

(b) Part-time reemployed annuitants

The Director shall have the authority to reemploy an annuitant on a part-time basis in accordance with section 8344(l) of title 5.

(c) Recovery of overpayments

In the event of an overpayment under this section, the amount of the overpayment shall be recovered by withholding the amount involved from the basic pay payable to such reemployed annuitant or from any other moneys, including the annuitant's annuity, payable in accordance with this subchapter.

(d) Deposit in fund

Sums deducted from the basic pay of a reemployed annuitant under this section shall be deposited in the Treasury of the United States to the credit of the fund.

(Pub. L. 88–643, title II, §273, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3238; amended Pub. L. 116–92, div. E, title LXII, §6202(d), Dec. 20, 2019, 133 Stat. 2186.)

Editorial Notes

Prior Provisions

A prior section 273 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1053; Pub. L. 99–335, title V, §501(2), June 6, 1986, 100 Stat. 622, related to reemployment compensation and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Amendments

2019—Subsecs. (b) to (d). Pub. L. 116–92 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

Executive Documents

Waiver of Dual Compensation Provisions

For waiver of application of the dual compensation reduction provisions of this section for temporary employees during an emergency, see Ex. Ord. No. 13236, Nov. 27, 2001, 66 F.R. 59671, set out as a note under section 2141 of this title.

Part I—Voluntary Contributions

§2121. Voluntary contributions

(a) Authority for voluntary contributions

(1) In general

Under such regulations as may be prescribed by the Director, a participant may voluntarily contribute additional sums in multiples of one percent of the participant's basic pay, but not in excess of 10 percent of such basic pay.

(2) Interest

The voluntary contribution account in each case is the sum of unrefunded contributions, plus interest—

(A) for periods before January 1, 1985, at 3 percent a year; and

(B) for periods on or after January 1, 1985, at the rate computed under section 8334(e) of title 5,

compounded annually to the date of election under subsection (b) or the date of payment under subsection (d).

(b) Treatment of voluntary contributions

Effective on the date of retirement and at the election of the participant, the participant's account shall be—

(1) returned in a lump sum;

(2) used to purchase an additional life annuity;

(3) used to purchase an additional life annuity for the participant and to provide for a cash payment on the participant's death to a beneficiary; or

(4) used to purchase an additional life annuity for the participant and a life annuity commencing on the participant's death payable to a beneficiary, with a guaranteed return to the beneficiary or the beneficiary's legal representative of an amount equal to the cash payment referred to in paragraph (3).

In the case of a benefit provided under paragraph (3) or (4), the participant shall notify the Director in writing of the name of the beneficiary of the cash payment or life annuity to be paid upon the participant's death.

(c) Value of benefits

The benefits provided by subsection (b)(2), (3), or (4) shall be actuarially equivalent in value to the payment provided for in subsection (b)(1) and shall be calculated upon such tables of mortality as may be from time to time prescribed for this purpose by the Director.

(d) Lump-sum payment

A voluntary contribution account shall be paid in a lump sum at such time as the participant dies or separates from the Agency without entitlement to an annuity. In the case of death, the account shall be paid in the order of precedence specified in section 2071(c) of this title.

(e) Benefits in addition to other benefits

Any benefit payable to a participant or to the participant's beneficiary with respect to the additional contributions provided under this section shall be in addition to benefits otherwise provided under this subchapter.

(Pub. L. 88–643, title II, §281, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3239.)

Editorial Notes

Prior Provisions

A prior section 281 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1053; Ex. Ord. No. 12443, §3, Sept. 27, 1983, 48 F.R. 44751; Pub. L. 99–335, title V, §501(2), June 6, 1986, 100 Stat. 622, related to voluntary contributions and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

Part J—Cost-of-Living Adjustment of Annuities

§2131. Cost-of-living adjustment of annuities

(a) In general

Each annuity payable from the fund shall be adjusted as follows:

(1) Each cost-of-living annuity increase under this section shall be identical to the corresponding percentage increase under section 8340(b) of title 5.

(2) A cost-of-living increase made under paragraph (1) shall become effective under this section on the effective date of each such increase under section 8340(b) of title 5. Except as provided in subsection (b), each such increase shall be applied to each annuity payable from the fund which has a commencing date not later than the effective date of the increase.

(b) Eligibility

Eligibility for an annuity increase under this section shall be governed by the commencing date of each annuity payable from the fund as of the effective date of an increase, except as follows:

(1) The first cost-of-living increase (if any) made under subsection (a) to an annuity which is payable from the fund to a participant who retires, to the surviving spouse, former spouse, or previous spouse of a participant who dies in service, or to the surviving spouse, former spouse, previous spouse, or insurable interest designee of a deceased annuitant whose annuity has not been increased under this subsection or subsection (a), shall be equal to the product (adjusted to the nearest 1/10 of one percent) of—

(A) 1/12 of the applicable percent change computed under subsection (a), multiplied by

(B) the number of months (not to exceed 12 months, counting any portion of a month as a month)—

(i) for which the annuity was payable from the fund before the effective date of the increase, or

(ii) in the case of a surviving spouse, former spouse, previous spouse, or insurable interest designee of a deceased annuitant whose annuity has not been so increased, since the annuity was first payable to the deceased annuitant.

(2) Effective from its commencing date, an annuity payable from the fund to an annuitant's survivor (other than a child entitled to an annuity under section 2031(d) of this title) shall be increased by the total percentage increase the annuitant was receiving under this section at death.

(3) For purposes of computing the annuity of a child under section 2031(d) of this title that commences after October 31, 1969, the dollar amounts specified in section 2031(d)(3) of this title shall each be increased by the total percentage increases allowed and in force under this section on or after such day and, in the case of a deceased annuitant, the percentages specified in that section shall be increased by the total percent allowed and in force to the annuitant under this section on or after such day.

(c) Limitation

An annuity increase provided by this section may not be computed on any additional annuity purchased at retirement by voluntary contributions.

(d) Rounding to next lower dollar

The monthly annuity installment, after adjustment under this section, shall be rounded to the next lowest dollar, except that such installment shall, after adjustment, reflect an increase of at least $1.

(e) Limitation on maximum amount of annuity

(1) In general

An annuity shall not be increased by reason of an adjustment under this section to an amount which exceeds the greater of—

(A) the maximum pay payable for GS–15 30 days before the effective date of the adjustment under this section; or

(B) the final pay (or average pay, if higher) of the participant with respect to whom the annuity is paid, increased by the overall annual average percentage adjustments (compounded) in the rates of pay of the General Schedule under subchapter I of chapter 53 of title 5 during the period—

(i) beginning on the date on which the annuity commenced (or, in the case of a survivor of the retired participant, the date on which the participant's annuity commenced), and

(ii) ending on the effective date of the adjustment under this section.

(2) "Pay" defined

For purposes of paragraph (1), the term "pay" means the rate of salary or basic pay as payable under any provision of law, including any provision of law limiting the expenditure of appropriated funds.

(Pub. L. 88–643, title II, §291, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3240; amended Pub. L. 103–178, title II, §202(a)(14), Dec. 3, 1993, 107 Stat. 2027.)

Editorial Notes

References in Text

GS–15, referred to in subsec. (e)(1)(A), probably means GS–15 of the General Schedule which is set out under section 5332 of Title 5, Government Organization and Employees.

Prior Provisions

A prior section 291 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1054; Pub. L. 90–539, Sept. 30, 1968, 82 Stat. 902; Pub. L. 91–185, §5, Dec. 30, 1969, 83 Stat. 849; Pub. L. 93–210, §1(a), Dec. 28, 1973, 87 Stat. 908; Pub. L. 94–361, title VIII, §801(b), July 14, 1976, 90 Stat. 929; Ex. Ord. No. 12326, §4, Sept. 30, 1981, 46 F.R. 48889; Ex. Ord. No. 12443, §§6, 14, Sept. 27, 1983, 48 F.R. 44752, 44754; Pub. L. 99–335, title V, §501(3), June 6, 1986, 100 Stat. 622, related to cost-of-living adjustment of annuities and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Amendments

1993—Subsec. (b)(2). Pub. L. 103–178 struck out "or section 2052(c) of this title" after "section 2031(d) of this title".

Statutory Notes and Related Subsidiaries

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

Delay in Cost-of-Living Adjustments During Fiscal Years 1994, 1995, and 1996

Any cost-of-living increase scheduled to take effect during fiscal year 1994, 1995, or 1996 under this section delayed until first day of third calendar month after date such increase would otherwise take effect, see section 11001 of Pub. L. 103–66, set out as a note under section 8340 of Title 5, Government Organization and Employees.

Part K—Conformity With Civil Service Retirement System

§2141. Authority to maintain existing areas of conformity between Civil Service and Central Intelligence Agency Retirement and Disability Systems

(a) Presidential authority

(1) Conformity to CSRS by Executive order

Whenever the President determines that it would be appropriate for the purpose of maintaining existing conformity between the Civil Service Retirement and Disability System and the Central Intelligence Agency Retirement and Disability System with respect to substantially identical provisions, the President may, by Executive order, extend to current or former participants in the Central Intelligence Agency Retirement and Disability System, or to their survivors, a provision of law enacted after January 1, 1975, which—

(A) amends subchapter III of chapter 83 of title 5 and is applicable to civil service employees generally; or

(B) otherwise affects current or former participants in the Civil Service Retirement and Disability System, or their survivors.

(2) Extension to CIARDS

Any such order shall extend such provision of law so that it applies in like manner with respect to such Central Intelligence Agency Retirement and Disability System participants, former participants, or survivors.

(3) Legal status

Any such order shall have the force and effect of law.

(4) Effective date

Any such order may be given retroactive effect to a date not earlier than the effective date of the corresponding provision of law applicable to employees under the Civil Service Retirement System.

(b) Effect of Executive order

Provisions of an Executive order issued pursuant to this section shall modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent therewith—

(1) provisions of law enacted before the effective date of the Executive order; and

(2) any prior provision of an Executive order issued under this section.

(Pub. L. 88–643, title II, §292, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3241.)

Editorial Notes

Prior Provisions

A prior section 292 of Pub. L. 88–643, as added Pub. L. 94–522, title II, §213, Oct. 17, 1976, 90 Stat. 2471, 2472, related to authority to maintain existing areas of conformity between Civil Service and Central Intelligence Agency Retirement and Disability Systems and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

Executive Documents

Open Enrollment Season for Participants in the Central Intelligence Agency Retirement and Disability System

The Director to provide an open enrollment period for employee participants in the Central Intelligence Agency Retirement and Disability System to elect the Federal Employees' Retirement System, see Ex. Ord. No. 13105, §2, Nov. 2, 1998, 63 F.R. 60201, set out as a note under section 4067 of Title 22, Foreign Relations and Intercourse.

Ex. Ord. No. 13236. Waiver of Dual Compensation Provisions

Ex. Ord. No. 13236, Nov. 27, 2001, 66 F.R. 59671, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 292 of the Central Intelligence Agency Retirement Act of 1964 [Central Intelligence Agency Retirement Act], as amended (50 U.S.C. 2141), and in order to conform the Central Intelligence Agency Retirement and Disability System to the Civil Service Retirement and Disability System, it is hereby ordered as follows:

Section 1. The Director of Central Intelligence may waive the application of the dual compensation reduction provisions of sections 271 and 273 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2111 and 2113) for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances. Employees who receive both salary and annuity pursuant to this authority may not earn additional retirement benefits during this period of employment. This authority may be delegated as appropriate.

Sec. 2. Nothing contained in this order is intended to create, nor does it create, any right, benefit, or privilege, substantive or procedural, enforceable at law by a party against the United States, its agencies, officers, employees, or any other person.

George W. Bush.      

Applicability of Federal Physicians Comparability Allowance Amendments of 2000

The Director of Central Intelligence to issue regulations to reflect application of sections 3(a) and 3(b) of Pub. L. 106–571, amending sections 8331 and 8339 of Title 5, Government Organization and Employees, to the Central Intelligence Agency Retirement and Disability System, see Ex. Ord. No. 13297, §3(b), Apr. 23, 2003, 68 F.R. 22566, set out as a note under section 4067 of Title 22, Foreign Relations and Intercourse.

§2142. Thrift Savings Plan participation

(a) Eligibility for Thrift Savings Plan

Participants in the system shall be deemed to be employees for the purposes of section 8351 of title 5.

(b) Management of Thrift Savings Plan accounts by Director

Subsections (k) and (m) of section 8461 of title 5 shall apply with respect to contributions made by participants to the Thrift Savings Fund under section 8351 of such title and to earnings attributable to the investment of such contributions.

(Pub. L. 88–643, title II, §293, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3242.)

Editorial Notes

Prior Provisions

A prior section 293 of Pub. L. 88–643, as added Pub. L. 99–335, title V, §504, June 6, 1986, 100 Stat. 623, related to Thrift Savings Fund participation by participants in the Central Intelligence Agency Retirement and Disability System and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2143. Alternative forms of annuities

(a) Authority for alternative form of annuity

The Director shall prescribe regulations under which any participant who has a life-threatening affliction or other critical medical condition may, at the time of retiring under this subchapter (other than under section 2051 of this title), elect annuity benefits under this section instead of any other benefits under this subchapter (including any survivor benefits under this subchapter) based on the service of the participant creditable under this subchapter.

(b) Basis for alternative forms of annuity

The regulations and alternative forms of annuity shall, to the maximum extent practicable, meet the requirements prescribed in section 8343a of title 5.

(c) Lump-sum credit

Any lump-sum credit provided pursuant to an election under subsection (a) shall not preclude an individual from receiving other benefits provided under that subsection.

(d) Submission of regulations to congressional intelligence committees

The Director shall submit the regulations prescribed under subsection (a) to the congressional intelligence committees before the regulations take effect.

(Pub. L. 88–643, title II, §294, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3242; amended Pub. L. 103–66, title XI, §11002(c), Aug. 10, 1993, 107 Stat. 409.)

Editorial Notes

Prior Provisions

A prior section 294 of Pub. L. 88–643, as added Pub. L. 99–335, title V, §505, June 6, 1986, 100 Stat. 624, related to alternative forms of annuities and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Amendments

1993—Subsec. (a). Pub. L. 103–66 substituted "any participant who has a life-threatening affliction or other critical medical condition" for "a participant".

Statutory Notes and Related Subsidiaries

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–66 effective Oct. 1, 1994, and applicable with respect to any annuity commencing on or after that date, see section 11002(d) of Pub. L. 103–66, set out as a note under section 8343a of Title 5, Government Organization and Employees.

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2144. Payments from CIARDS fund for portions of certain Civil Service Retirement System annuities

The amount of the increase in any annuity that results from the application of section 3518 of this title, if and when such increase is based on an individual's overseas service as an employee of the Central Intelligence Agency, shall be paid from the fund.

(Pub. L. 88–643, title II, §295, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3242.)

Editorial Notes

Prior Provisions

A prior section 295 of Pub. L. 88–643, as added Pub. L. 101–193, title III, §307(b), Nov. 30, 1989, 103 Stat. 1707, related to payments from CIARDS fund for portions of certain Civil Service Retirement System annuities and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

SUBCHAPTER III—PARTICIPATION IN FEDERAL EMPLOYEES' RETIREMENT SYSTEM

§2151. Application of Federal Employees' Retirement System to Agency employees

(a) General rule

Except as provided in subsections (b) and (c), all employees of the Agency, any of whose service after December 31, 1983, is employment for the purpose of title II of the Social Security Act [42 U.S.C. 401 et seq.] and chapter 21 of title 26, shall be subject to chapter 84 of title 5.

(b) Exception for pre-1984 employees

Participants in the Central Intelligence Agency Retirement and Disability System who were participants in such system on or before December 31, 1983, and who have not had a break in service in excess of one year since that date, are not subject to chapter 84 of title 5 without regard to whether they are subject to title II of the Social Security Act [42 U.S.C. 401 et seq.].

(c) Nonapplicability of FERS to certain employees

(1) The provisions of chapter 84 of title 5 shall not apply with respect to—

(A) any individual who separates, or who has separated, from Federal Government service after having been an employee of the Agency subject to subchapter II of this chapter; and

(B) any employee of the Agency having at least 5 years of civilian service which was performed before January 1, 1987, and is creditable under subchapter II of this chapter (determined without regard to any deposit or redeposit requirement under subchapter III of chapter 83 of title 5, or under subchapter II of this chapter, or any requirement that the individual become subject to such subchapter or to subchapter II of this chapter after performing the service involved).

(2) Paragraph (1) shall not apply with respect to an individual who has elected under regulations prescribed under section 2157 of this title to become subject to chapter 84 of title 5 to the extent provided in such regulations.

(3) An individual described in paragraph (1) shall be deemed to be an individual excluded under section 8402(b)(2) of title 5.

(d) Election to become subject to FERS

An employee who is designated as a participant in the Central Intelligence Agency Retirement and Disability System after December 31, 1987, pursuant to section 2013 of this title may elect to become subject to chapter 84 of title 5. Such election—

(1) shall not be effective unless it is made during the six-month period beginning on the date on which the employee is so designated;

(2) shall take effect beginning with the first pay period beginning after the date of the election; and

(3) shall be irrevocable.

(e) Special rules

The application of the provisions of chapter 84 of title 5 to an employee referred to in subsection (a) shall be subject to the exceptions and special rules provided in this subchapter. Any provision of that chapter which is inconsistent with a special rule provided in this subchapter shall not apply to such employees.

(Pub. L. 88–643, title III, §301, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3243.)

Editorial Notes

References in Text

The Social Security Act, referred to in subsecs. (a) and (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Prior Provisions

A prior section 301 of Pub. L. 88–643, as added Pub. L. 99–335, title V, §506, June 6, 1986, 100 Stat. 624; amended Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–453, title V, §502, Sept. 29, 1988, 102 Stat. 1909, related to application of Federal Employees' Retirement System to Agency employees and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2152. Special rules relating to section 2013 criteria employees

(a) In general

Except as otherwise provided in this section, in the application of chapter 84 of title 5 to an employee of the Agency who is subject to such chapter and is designated by the Director under the criteria prescribed in section 2013 of this title, such employee shall be treated for purposes of determining such employee's retirement benefits and obligations under such chapter as if the employee were a law enforcement officer (as defined in section 8401(17) of title 5).

(b) Voluntary and mandatory retirement

The provisions of sections 2053 and 2055 of this title shall apply to employees referred to in subsection (a), except that the retirement benefits shall be determined under chapter 84 of title 5.

(c) Recall

(1) Except as provided in paragraph (2), section 2111 of this title shall apply to an employee referred to in subsection (a).

(2) Contributions during recall service shall be made as provided in section 8422 of title 5.

(3) When an employee recalled under this subsection reverts to a retired status, the annuity of such employee shall be redetermined under the provisions of chapter 84 of title 5.

(d) Employees disabled on duty

(1) Definitions

In this subsection—

(A) the term "affected employee" means an employee of the Agency covered under subchapter II of chapter 84 of title 5 who—

(i) is performing service in a position designated under subsection (a);

(ii) while on duty in the position designated under subsection (a), becomes ill or is injured as a direct result of the performance of such duties before the date on which the employee becomes entitled to an annuity under section 2053 of this title or section 8412(d)(1) of title 5;

(iii) because of the illness or injury described in clause (ii), is permanently unable to render useful and efficient service in the employee's covered position, as determined by the Director; and

(iv) is appointed to a position in the civil service that is not a covered position but is within the Agency; and

(B) the term "covered position" means a position as—

(i) a law enforcement officer described in section 8331(20) or 8401(17) of title 5;

(ii) a customs and border protection officer described in section 8331(31) or 8401(36) of title 5;

(iii) a firefighter described in section 8331(21) or 8401(14) of title 5;

(iv) an air traffic controller described in section 8331(30) or 8401(35) of title 5;

(v) a nuclear materials courier described in section 8331(27) or 8401(33) of title 5;

(vi) a member of the United States Capitol Police;

(vii) a member of the Supreme Court Police;

(viii) an affected employee; or

(ix) a special agent described in section 4044(15) of title 22.

(2) Treatment of service after disability

Unless an affected employee files an election described in paragraph (3), creditable service by the affected employee in a position described in paragraph (1)(A)(iv) shall be treated as creditable service in a covered position for purposes of this chapter and chapter 84 of title 5, including eligibility for an annuity under section 2053 of this title or 8412(d)(1) of title 5 and determining the amount to be deducted and withheld from the pay of the affected employee under section 8422 of title 5.

(3) Break in service

Paragraph (2) shall only apply if the affected employee transitions to a position described in paragraph (1)(A)(iv) without a break in service exceeding 3 days.

(4) Limitation on treatment of service

The service of an affected employee shall no longer be eligible for treatment under paragraph (2) if such service occurs after the employee is transferred to a supervisory or administrative position related to the activities of the former covered position of the employee.

(5) Opt out

An affected employee may file an election to have any creditable service performed by the affected employee treated in accordance with chapter 84 of title 5 without regard to paragraph (2).

(Pub. L. 88–643, title III, §302, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3244; amended Pub. L. 117–225, §3(c), Dec. 9, 2022, 136 Stat. 2296.)

Editorial Notes

Prior Provisions

A prior section 302 of Pub. L. 88–643, as added Pub. L. 99–335, title V, §506, June 6, 1986, 100 Stat. 625, related to special rules relating to employees designated under criteria of former section 203 of Pub. L. 88–643 and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Amendments

2022—Subsec. (d). Pub. L. 117–225 added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Amendment by Pub. L. 117–225 effective Dec. 9, 2022, and applicable to an individual who suffers an illness or injury described in certain Code provisions on or after the date that is 2 years after Dec. 9, 2022, see section 3(f) of Pub. L. 117–225, set out as a note under section 8336 of Title 5, Government Organization and Employees.

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

Regulations

For provisions relating to promulgation of regulations to carry out the amendments made by Pub. L. 117–225, see section 3(e) of Pub. L. 117–225, set out as a note under section 8336 of Title 5, Government Organization and Employees.

§2153. Special rules for other employees for service abroad

(a) Special computation rule

Notwithstanding any provision of chapter 84 of title 5, the annuity under subchapter II of such chapter of a retired employee of the Agency who is not designated under section 2152(a) of this title and who has served abroad as an employee of the Agency after December 31, 1986, shall be computed as provided in subsection (b).

(b) Computation

(1) Service abroad

The portion of the annuity relating to such service abroad shall be computed as provided in section 8415(e) of title 5.

(2) Other service

The portions of the annuity relating to other creditable service shall be computed as provided in section 8415 of such title that is applicable to such service under the conditions prescribed in chapter 84 of such title.

(Pub. L. 88–643, title III, §303, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3244; amended Pub. L. 112–96, title V, §5001(c)(2)(G), Feb. 22, 2012, 126 Stat. 200.)

Editorial Notes

Prior Provisions

A prior section 303 of Pub. L. 88–643, as added Pub. L. 99–335, title V, §506, June 6, 1986, 100 Stat. 626, related to special rules for other employees for service abroad and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Amendments

2012—Subsec. (b)(1). Pub. L. 112–96 substituted "section 8415(e)" for "section 8415(d)".

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2154. Special rules for former spouses

(a) General rule

Except as otherwise specifically provided in this section, the provisions of chapter 84 of title 5 shall apply in the case of an employee of the Agency who is subject to chapter 84 of title 5 and who has a former spouse (as defined in section 8401(12) of title 5) or a qualified former spouse.

(b) Definitions

For purposes of this section:

(1) Employee

The term "employee" means an employee of the Agency who is subject to chapter 84 of title 5, including an employee referred to in section 2152(a) of this title.

(2) Qualified former spouse

The term "qualified former spouse" means a former spouse of an employee or retired employee who—

(A) in the case of a former spouse whose divorce from such employee became final on or before December 4, 1991, was married to such employee for not less than 10 years during periods of the employee's service which are creditable under section 8411 of title 5, at least 5 years of which were spent outside the United States by both the employee and the former spouse during the employee's service with the Agency; and

(B) in the case of a former spouse whose divorce from such employee becomes final after December 4, 1991, was married to such employee for not less than 10 years during periods of the employee's service which are creditable under section 8411 of title 5, at least 5 years of which were spent by the employee outside the United States during the employee's service with the Agency or otherwise in a position the duties of which qualified the employee for designation by the Director under the criteria prescribed in section 2013 of this title.

(3) Pro rata share

The term "pro rata share" means the percentage that is equal to (A) the number of days of the marriage of the qualified former spouse to the employee during the employee's periods of creditable service under chapter 84 of title 5, divided by (B) the total number of days of the employee's creditable service.

(4) Spousal agreement

The term "spousal agreement" means an agreement between an employee, former employee, or retired employee and such employee's spouse or qualified former spouse that—

(A) is in writing, is signed by the parties, and is notarized;

(B) has not been modified by court order; and

(C) has been authenticated by the Director.

(5) Court order

The term "court order" means any court decree of divorce, annulment or legal separation, or any court order or court-approved property settlement agreement incident to such court decree of divorce, annulment, or legal separation.

(c) Entitlement of qualified former spouse to retirement benefits

(1) Entitlement

(A) In general

Unless otherwise expressly provided by a spousal agreement or court order governing disposition of benefits payable under subchapter II or V of chapter 84 of title 5, a qualified former spouse of an employee is entitled to a share (determined under subparagraph (B)) of all benefits otherwise payable to such employee under subchapter II or V of chapter 84 of title 5.

(B) Amount of share

The share referred to in subparagraph (A) equals—

(i) 50 percent, if the qualified former spouse was married to the employee throughout the entire period of the employee's service which is creditable under chapter 84 of title 5; or

(ii) a pro rata share of 50 percent, if the qualified former spouse was not married to the employee throughout such creditable service.

(2) Annuity supplement

The benefits payable to an employee under subchapter II of chapter 84 of title 5 shall include, for purposes of this subsection, any annuity supplement payable to such employee under sections 8421 and 8421a of such title.

(3) Disqualification upon remarriage before age 55

A qualified former spouse shall not be entitled to any benefit under this subsection if, before the commencement of any benefit, the qualified former spouse remarries before becoming 55 years of age.

(4) Commencement and termination

(A) Commencement

The benefits of a qualified former spouse under this subsection commence on the later of—

(i) the day on which the employee upon whose service the benefits are based becomes entitled to the benefits; or

(ii) the first day of the second month beginning after the date on which the Director receives written notice of the court order or spousal agreement, together with such additional information or documentation as the Director may prescribe.

(B) Termination

The benefits of the qualified former spouse and the right thereto terminate on—

(i) the last day of the month before the qualified former spouse remarries before 55 years of age or dies; or

(ii) the date on which the retired employee's benefits terminate (except in the case of benefits subject to paragraph (5)(B)).

(5) Payments to retired employees

(A) Calculation of survivor annuity

Any reduction in payments to a retired employee as a result of payments to a qualified former spouse under this subsection shall be disregarded in calculating—

(i) the survivor annuity for any spouse, former spouse (qualified or otherwise), or other survivor under chapter 84 of title 5, and

(ii) any reduction in the annuity of the retired employee to provide survivor benefits under subsection (d) of this section or under section 8442 or 8445 of title 5.

(B) Reduction in basic pay upon recall to service

If a retired employee whose annuity is reduced under paragraph (1) is recalled to service under section 2152(c) of this title, the basic pay of that annuitant shall be reduced by the same amount as the annuity would have been reduced if it had continued. Amounts equal to the reductions under this subparagraph shall be deposited in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund.

(6) Special rules for disability annuitants

Notwithstanding paragraphs (1) and (4), in the case of any qualified former spouse of a disability annuitant—

(A) the annuity of such former spouse shall commence on the date on which the employee would qualify, on the basis of the employee's creditable service, for benefits under subchapter II of chapter 84 of title 5 or on the date on which the disability annuity begins, whichever is later; and

(B) the amount of the annuity of the qualified former spouse shall be calculated on the basis of the benefits for which the employee would otherwise qualify under subchapter II of chapter 84 of such title.

(7) Pro rata share in case of employees transferred to FERS

Notwithstanding paragraph (1)(B), in the case of an employee who has elected to become subject to chapter 84 of title 5, the share of such employee's qualified former spouse shall equal the sum of—

(A) 50 percent of the employee's annuity under subchapter III of chapter 83 of title 5 or under subchapter II of this chapter (computed in accordance with section 302(a) of the Federal Employees' Retirement System Act of 1986 or section 2157 of this title), multiplied by the proportion that the number of days of marriage during the period of the employee's creditable service before the effective date of the election to transfer bears to the employee's total creditable service before such effective date; and

(B) if applicable, 50 percent of the employee's benefits under chapter 84 of title 5 or section 2152(a) of this title (computed in accordance with section 302(a) of the Federal Employees' Retirement System Act of 1986 or section 2157 of this title), multiplied by the proportion that the number of days of marriage during the period of the employee's creditable service on and after the effective date of the election to transfer bears to the employee's total creditable service after such effective date.

(8) Treatment of pro rata share under title 26

For purposes of title 26, payments to a qualified former spouse under this subsection shall be treated as income to the qualified former spouse and not to the employee.

(d) Qualified former spouse survivor benefits

(1) Entitlement

(A) In general

Subject to an election under section 8416(a) of title 5, and unless otherwise expressly provided by any spousal agreement or court order governing survivor benefits payable under this subsection to a qualified former spouse, such former spouse is entitled to a share, determined under subparagraph (B), of all survivor benefits that would otherwise be payable under subchapter IV of chapter 84 of title 5 to an eligible surviving spouse of the employee.

(B) Amount of share

The share referred to in subparagraph (A) equals—

(i) 100 percent, if the qualified former spouse was married to the employee throughout the entire period of the employee's service which is creditable under chapter 84 of title 5; or

(ii) a pro rata share of 100 percent, if the qualified former spouse was not married to the employee throughout such creditable service.

(2) Survivor benefits

(A) The survivor benefits payable under this subsection to a qualified former spouse shall include the amount payable under section 8442(b)(1)(A) of title 5 and any supplementary annuity under section 8442(f) of such title that would be payable if such former spouse were a widow or widower entitled to an annuity under such section.

(B) Any calculation under section 8442(f) of title 5 of the supplementary annuity payable to a widow or widower of an employee referred to in section 2152(a) of this title shall be based on an "assumed CIARDS annuity" rather than an "assumed CSRS annuity" as stated in section 8442(f) of such title. For the purpose of this subparagraph, the term "assumed CIARDS annuity" means the amount of the survivor annuity to which the widow or widower would be entitled under subchapter II of this chapter based on the service of the deceased annuitant determined under section 8442(f)(5) of such title.

(3) Disqualification upon remarriage before age 55

A qualified former spouse shall not be entitled to any benefit under this subsection if, before commencement of any benefit, the qualified former spouse remarries before becoming 55 years of age.

(4) Restoration

If the survivor annuity payable under this subsection to a surviving qualified former spouse is terminated because of remarriage before becoming age 55, the annuity shall be restored at the same rate commencing on the date such remarriage is dissolved by death, divorce, or annulment, if—

(A) such former spouse elects to receive this survivor annuity instead of any other survivor benefit to which such former spouse may be entitled under subchapter IV of chapter 84 of title 5, or under another retirement system for Government employees by reason of the remarriage; and

(B) any lump sum paid on termination of the annuity is returned to the Civil Service Retirement and Disability Fund.

(5) Modification of court order or spousal agreement

A modification in a court order or spousal agreement to adjust a qualified former spouse's share of the survivor benefits shall not be effective if issued after the retirement or death of the employee, former employee, or annuitant, whichever occurs first.

(6) Effect of termination of qualified former spouse's entitlement

After a qualified former spouse of a retired employee remarries before becoming age 55 or dies, the reduction in the retired employee's annuity for the purpose of providing a survivor annuity for such former spouse shall be terminated. The annuitant may elect, in a signed writing received by the Director within 2 years after the qualified former spouse's remarriage or death, to continue the reduction in order to provide or increase the survivor annuity for such annuitant's spouse. The annuitant making such election shall pay a deposit in accordance with the provisions of section 8418 of title 5.

(7) Pro rata share in case of employees transferred to FERS

Notwithstanding paragraph (1)(B), in the case of an employee who has elected to become subject to chapter 84 of title 5, the share of such employee's qualified former spouse to survivor benefits shall equal the sum of—

(A) 50 percent of the employee's annuity under subchapter III of chapter 83 of title 5 or under subchapter II of this chapter (computed in accordance with section 302(a) of the Federal Employees' Retirement System Act of 1986 or section 2157 of this title), multiplied by the proportion that the number of days of marriage during the period of the employee's creditable service before the effective date of the election to transfer bears to the employee's total creditable service before such effective date; and

(B) if applicable—

(i) 50 percent of the employee's annuity under chapter 84 of title 5 or section 2152(a) of this title (computed in accordance with section 302(a) of the Federal Employees' Retirement System Act of 1986 or section 2157 of this title), plus

(ii) the survivor benefits referred to in subsection (d)(2)(A),

multiplied by the proportion that the number of days of marriage during the period of the employee's creditable service on and after the effective date of the election to transfer bears to the employee's total creditable service after such effective date.

(e) Qualified former spouse Thrift Savings Plan benefit

(1) Entitlement

(A) In general

Unless otherwise expressly provided by a spousal agreement or court order governing disposition of the balance of an account in the Thrift Savings Fund under subchapter III of chapter 84 of title 5, a qualified former spouse of an employee is entitled to a share (determined under subparagraph (B)) of the balance in the employee's account in the Thrift Savings Fund on the date the divorce of the qualified former spouse and employee becomes final.

(B) Amount of share

The share referred to in subparagraph (A) equals 50 percent of the employee's account balance in the Thrift Savings Fund that accrued during the period of marriage. For purposes of this subsection, the employee's account balance shall not include the amount of any outstanding loan.

(2) Payment of benefit

(A) Time of payment

The entitlement of a qualified former spouse under paragraph (1) shall be effective on the date the divorce of the qualified former spouse and employee becomes final. The qualified former spouse's benefit shall be payable after the date on which the Director receives the divorce decree or any applicable court order or spousal agreement, together with such additional information or documentation as the Director may require.

(B) Method of payment

The qualified former spouse's benefit under this subsection shall be paid in a lump sum.

(C) Limitation

A spousal agreement or court order may not provide for payment to a qualified former spouse under this subsection of an amount that exceeds the employee's account balance in the Thrift Savings Fund.

(D) Death of qualified former spouse

If the qualified former spouse dies before payment of the benefit provided under this subsection, such payment shall be made to the estate of the qualified former spouse.

(E) Bar to recovery

Any payment under this subsection to an individual bars recovery by any other individual.

(3) Closed account

No payment under this subsection may be made by the Director if the date on which the divorce becomes final is after the date on which the total amount of the employee's account balance has been withdrawn or transferred, or the date on which an annuity contract has been purchased, in accordance with section 8433 of title 5.

(f) Preservation of rights of qualified former spouses

An employee may not make an election or modification of election under section 8417 or 8418 of title 5, or other section relating to the employee's annuity under subchapter II of chapter 84 of title 5, that would diminish the entitlement of a qualified former spouse to any benefit granted to such former spouse by this section or by court order or spousal agreement.

(g) Payment of share of lump-sum credit

Whenever an employee or former employee becomes entitled to receive the lump-sum credit under section 8424(a) of title 5, a share (determined under subsection (c)(1)(B) of this section) of that lump-sum credit shall be paid to any qualified former spouse of such employee, unless otherwise expressly provided by any spousal agreement or court order governing disposition of the lump-sum credit involved.

(h) Payment to qualified former spouses under court order or spousal agreement

In the case of any employee or retired employee who has a qualified former spouse who is covered by a court order or who is a party to a spousal agreement—

(1) any right of the qualified former spouse to any retirement benefits under subsection (c) and to any survivor benefits under subsection (d), and the amount of any such benefits;

(2) any right of the qualified former spouse to any Thrift Savings Plan benefit under subsection (e), and the amount of any such benefit; and

(3) any right of the qualified former spouse to any payment of a lump-sum credit under subsection (g), and the amount of any such payment;

shall be determined in accordance with that spousal agreement or court order, if and to the extent expressly provided for in the terms of the spousal agreement or court order that are not inconsistent with the requirements of this section.

(i) Applicability of CIARDS former spouse benefits

(1) Except as provided in paragraph (2), in the case of an employee who has elected to become subject to chapter 84 of title 5, the provisions of sections 2034 and 2035 of this title shall apply to such employee's former spouse (as defined in section 2002(a)(4) of this title) who would otherwise be eligible for benefits under sections 2034 and 2035 of this title but for the employee having elected to become subject to such chapter.

(2) For the purposes of computing such former spouse's benefits under sections 2034 and 2035 of this title—

(A) the retirement benefits shall be equal to the amount determined under subsection (c)(7)(A); and

(B) the survivor benefits shall be equal to 55 percent of the full amount of the employee's annuity computed in accordance with section 302(a) of the Federal Employees' Retirement System Act of 1986 or regulations prescribed under section 2157 of this title.

(3) Benefits provided pursuant to this subsection shall be payable from the Central Intelligence Agency Retirement and Disability Fund.

(Pub. L. 88–643, title III, §304, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3244; amended Pub. L. 103–178, title II, §202(a)(15), Dec. 3, 1993, 107 Stat. 2027; Pub. L. 118–31, div. G, title IX, §7901(d)(4), Dec. 22, 2023, 137 Stat. 1106.)

Editorial Notes

References in Text

Section 302(a) of the Federal Employees' Retirement System Act of 1986, referred to in subsecs. (c)(7)(A), (B), (d)(7)(A), (B)(i), and (i)(2)(B), is section 302(a) of Pub. L. 99–335, which is set out as a note under section 8331 of Title 5, Government Organization and Employees.

Prior Provisions

A prior section 304 of Pub. L. 88–643, as added Pub. L. 99–335, title V, §506, June 6, 1986, 100 Stat. 626; amended Pub. L. 100–178, title IV, §402(b)(2), Dec. 2, 1987, 101 Stat. 1014; Pub. L. 102–183, title III, §309(a), Dec. 4, 1991, 105 Stat. 1266, related to special rules for former spouses and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Amendments

2023—Subsec. (c)(1)(B)(i). Pub. L. 118–31, §7901(d)(4)(A), substituted "title 5" for "title 50".

Subsec. (c)(5)(A)(ii). Pub. L. 118–31, §7901(d)(4)(B), substituted "section 8442" for "sections 8442".

1993—Subsec. (i)(1). Pub. L. 103–178 substituted "section 2002(a)(4)" for "section 2002(a)(3)".

Statutory Notes and Related Subsidiaries

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2155. Administrative provisions

(a) Finality of decisions of Director

Section 2011(c) of this title shall apply in the administration of chapter 84 of title 5 with respect to employees of the Agency.

(b) Exception

Notwithstanding subsection (a), section 8461(e) of title 5 shall apply with respect to employees of the Agency who are not participants in the Central Intelligence Agency Retirement and Disability System and are not designated under section 2152(a) of this title.

(Pub. L. 88–643, title III, §305, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3251.)

Editorial Notes

Prior Provisions

A prior section 305 of Pub. L. 88–643, as added Pub. L. 99–335, title V, §506, June 6, 1986, 100 Stat. 627, related to administrative provisions and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2156. Regulations

(a) Requirement

The Director shall prescribe in regulations appropriate procedures to carry out this subchapter. Such regulations shall be prescribed in consultation with the Director of the Office of Personnel Management and the Executive Director of the Federal Retirement Thrift Investment Board.

(b) Congressional review

The Director shall submit regulations prescribed under subsection (a) to the congressional intelligence committees before they take effect.

(Pub. L. 88–643, title III, §306, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3251.)

Editorial Notes

Prior Provisions

A prior section 306 of Pub. L. 88–643, as added Pub. L. 99–335, title V, §506, June 6, 1986, 100 Stat. 628, related to regulations and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2157. Transition regulations

(a) Regulations

The Director shall prescribe regulations providing for the transition from the Central Intelligence Agency Retirement and Disability System to the Federal Employees' Retirement System provided in chapter 84 of title 5 in a manner consistent with sections 301 through 304 of the Federal Employees' Retirement System Act of 1986.

(b) Congressional review

The Director shall submit regulations prescribed under subsection (a) to the congressional intelligence committees before they take effect.

(Pub. L. 88–643, title III, §307, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3251.)

Editorial Notes

References in Text

Sections 301 through 304 of the Federal Employees' Retirement System Act of 1986, referred to in subsec. (a), are sections 301 to 304 of Pub. L. 99–335, which amended section 3121 of Title 26, Internal Revenue Code, and section 410 of Title 42, The Public Health and Welfare, and enacted provisions set out as a note under section 8331 of Title 5, Government Organization and Employees.

Prior Provisions

A prior section 307 of Pub. L. 88–643, as added Pub. L. 99–335, title V, §506, June 6, 1986, 100 Stat. 628, related to transition provisions and regulations and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

CHAPTER 39—SPOILS OF WAR

        

§2201. Transfers of spoils of war

(a) Eligibility for transfer

Spoils of war in the possession, custody, or control of the United States may be transferred to any other party, including any government, group, or person, by sale, grant, loan or in any other manner, only to the extent and in the same manner that property of the same type, if otherwise owned by the United States, may be so transferred.

(b) Terms and conditions

Any transfer pursuant to subsection (a) shall be subject to all of the terms, conditions, and requirements applicable to the transfer of property of the same type otherwise owned by the United States.

(Pub. L. 103–236, title V, §552, Apr. 30, 1994, 108 Stat. 482.)

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 103–236, title V, §551, Apr. 30, 1994, 108 Stat. 482, provided that: "This part [part B (§§551–556) of title V of Pub. L. 103–236, enacting this chapter] may be cited as the 'Spoils of War Act of 1994'."

§2202. Prohibition on transfers to countries which support terrorism

Spoils of war in the possession, custody, or control of the United States may not be transferred to any country determined by the Secretary of State, for purposes of section 2780 of title 22, to be a nation whose government has repeatedly provided support for acts of international terrorism.

(Pub. L. 103–236, title V, §553, Apr. 30, 1994, 108 Stat. 482.)

§2203. Report on previous transfers

Not later than 90 days after April 30, 1994, the President shall submit to the appropriate congressional committees a report describing any spoils of war obtained subsequent to August 2, 1990 that were transferred to any party, including any government, group, or person, before April 30, 1994. Such report shall be submitted in unclassified form to the extent possible.

(Pub. L. 103–236, title V, §554, Apr. 30, 1994, 108 Stat. 482.)

§2204. Definitions

As used in this chapter—

(1) the term "appropriate congressional committees" means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, or, where required by law for certain reporting purposes, the Select Committee on Intelligence of the Senate and the Select ¹ Committee on Intelligence of the House of Representatives;

(2) the term "enemy" means any country, government, group, or person that has been engaged in hostilities, whether or not lawfully authorized, with the United States;

(3) the term "person" means—

(A) any natural person;

(B) any corporation, partnership, or other legal entity; and

(C) any organization, association, or group; and

(4) the term "spoils of war" means enemy movable property lawfully captured, seized, confiscated, or found which has become United States property in accordance with the laws of war.

(Pub. L. 103–236, title V, §555, Apr. 30, 1994, 108 Stat. 482.)

¹ So in original. Probably should be preceded by "Permanent".

§2205. Construction

Nothing in this chapter shall apply to—

(1) the abandonment or failure to take possession of spoils of war by troops in the field for valid military reasons related to the conduct of the immediate conflict, including the burden of transporting such property or a decision to allow allied forces to take immediate possession of certain property solely for use during an ongoing conflict;

(2) the abandonment or return of any property obtained, borrowed, or requisitioned for temporary use during military operations without intent to retain possession of such property;

(3) the destruction of spoils of war by troops in the field;

(4) the return of spoils of war to previous owners from whom such property had been seized by enemy forces; or

(5) minor articles of personal property which have lawfully become the property of individual members of the armed forces as war trophies pursuant to public written authorization from the Department of Defense.

(Pub. L. 103–236, title V, §556, Apr. 30, 1994, 108 Stat. 483.)

CHAPTER 40—DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

        

SUBCHAPTER I—DOMESTIC PREPAREDNESS

        

SUBCHAPTER II—INTERDICTION OF WEAPONS OF MASS DESTRUCTION AND RELATED MATERIALS

        

SUBCHAPTER III—CONTROL AND DISPOSITION OF WEAPONS OF MASS DESTRUCTION AND RELATED MATERIALS THREATENING THE UNITED STATES

        

SUBCHAPTER IV—COORDINATION OF POLICY AND COUNTERMEASURES AGAINST PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

        

SUBCHAPTER IV–A—NONPROLIFERATION ASSISTANCE COORDINATION

        

SUBCHAPTER V—MISCELLANEOUS

        

§2301. Findings

Congress makes the following findings:

(1) Weapons of mass destruction and related materials and technologies are increasingly available from worldwide sources. Technical information relating to such weapons is readily available on the Internet, and raw materials for chemical, biological, and radiological weapons are widely available for legitimate commercial purposes.

(2) The former Soviet Union produced and maintained a vast array of nuclear, biological, and chemical weapons of mass destruction.

(3) Many of the states of the former Soviet Union retain the facilities, materials, and technologies capable of producing additional quantities of weapons of mass destruction.

(4) The disintegration of the former Soviet Union was accompanied by disruptions of command and control systems, deficiencies in accountability for weapons, weapons-related materials and technologies, economic hardships, and significant gaps in border control among the states of the former Soviet Union. The problems of organized crime and corruption in the states of the former Soviet Union increase the potential for proliferation of nuclear, radiological, biological, and chemical weapons and related materials.

(5) The conditions described in paragraph (4) have substantially increased the ability of potentially hostile nations, terrorist groups, and individuals to acquire weapons of mass destruction and related materials and technologies from within the states of the former Soviet Union and from unemployed scientists who worked on those programs.

(6) As a result of such conditions, the capability of potentially hostile nations and terrorist groups to acquire nuclear, radiological, biological, and chemical weapons is greater than at any time in history.

(7) The President has identified North Korea, Iraq, Iran, and Libya as hostile states which already possess some weapons of mass destruction and are developing others.

(8) The acquisition or the development and use of weapons of mass destruction is well within the capability of many extremist and terrorist movements, acting independently or as proxies for foreign states.

(9) Foreign states can transfer weapons to or otherwise aid extremist and terrorist movements indirectly and with plausible deniability.

(10) Terrorist groups have already conducted chemical attacks against civilian targets in the United States and Japan, and a radiological attack in Russia.

(11) The potential for the national security of the United States to be threatened by nuclear, radiological, chemical, or biological terrorism must be taken seriously.

(12) There is a significant and growing threat of attack by weapons of mass destruction on targets that are not military targets in the usual sense of the term.

(13) Concomitantly, the threat posed to the citizens of the United States by nuclear, radiological, biological, and chemical weapons delivered by unconventional means is significant and growing.

(14) Mass terror may result from terrorist incidents involving nuclear, radiological, biological, or chemical materials.

(15) Facilities required for production of radiological, biological, and chemical weapons are much smaller and harder to detect than nuclear weapons facilities, and biological and chemical weapons can be deployed by alternative delivery means other than long-range ballistic missiles.

(16) Covert or unconventional means of delivery of nuclear, radiological, biological, and chemical weapons include cargo ships, passenger aircraft, commercial and private vehicles and vessels, and commercial cargo shipments routed through multiple destinations.

(17) Traditional arms control efforts assume large state efforts with detectable manufacturing programs and weapons production programs, but are ineffective in monitoring and controlling smaller, though potentially more dangerous, unconventional proliferation efforts.

(18) Conventional counterproliferation efforts would do little to detect or prevent the rapid development of a capability to suddenly manufacture several hundred chemical or biological weapons with nothing but commercial supplies and equipment.

(19) The United States lacks adequate planning and countermeasures to address the threat of nuclear, radiological, biological, and chemical terrorism.

(20) The Department of Energy has established a Nuclear Emergency Response Team which is available in case of nuclear or radiological emergencies, but no comparable units exist to deal with emergencies involving biological or chemical weapons or related materials.

(21) State and local emergency response personnel are not adequately prepared or trained for incidents involving nuclear, radiological, biological, or chemical materials.

(22) Exercises of the Federal, State, and local response to nuclear, radiological, biological, or chemical terrorism have revealed serious deficiencies in preparedness and severe problems of coordination.

(23) The development of, and allocation of responsibilities for, effective countermeasures to nuclear, radiological, biological, or chemical terrorism in the United States requires well-coordinated participation of many Federal agencies, and careful planning by the Federal Government and State and local governments.

(24) Training and exercises can significantly improve the preparedness of State and local emergency response personnel for emergencies involving nuclear, radiological, biological, or chemical weapons or related materials.

(25) Sharing of the expertise and capabilities of the Department of Defense, which traditionally has provided assistance to Federal, State, and local officials in neutralizing, dismantling, and disposing of explosive ordnance, as well as radiological, biological, and chemical materials, can be a vital contribution to the development and deployment of countermeasures against nuclear, biological, and chemical weapons of mass destruction.

(26) The United States lacks effective policy coordination regarding the threat posed by the proliferation of weapons of mass destruction.

(Pub. L. 104–201, div. A, title XIV, §1402, Sept. 23, 1996, 110 Stat. 2715.)

Statutory Notes and Related Subsidiaries

Short Title of 1996 Amendment

Pub. L. 104–293, title VII, §701, Oct. 11, 1996, 110 Stat. 3470, provided that: "This title [enacting section 2366 of this title and provisions set out as a note under section 2351 of this title] may be cited as the 'Combatting Proliferation of Weapons of Mass Destruction Act of 1996'."

Short Title

Pub. L. 104–201, div. A, title XIV, §1401, Sept. 23, 1996, 110 Stat. 2715, provided that: "This title [enacting this chapter, section 382 of Title 10, Armed Forces, and sections 175a and 2332d of Title 18, Crimes and Criminal Procedure, amending section 1705 of this title, section 372 of Title 10, and provisions set out as a note under section 5955 of Title 22, Foreign Relations and Intercourse] may be cited as the 'Defense Against Weapons of Mass Destruction Act of 1996'."

Pub. L. 107–228, div. B, title XIII, §1331, Sept. 30, 2002, 116 Stat. 1448, provided that: "This subtitle [subtitle C (§§1331–1339) of title XIII of div. B of Pub. L. 107–228, enacting subchapter IV–A of this chapter] may be cited as the 'Nonproliferation Assistance Coordination Act of 2002'."

Utilization of Contributions to International Nuclear Materials Protection and Cooperation Program and Russian Plutonium Disposition Program

Pub. L. 109–364, div. C, title XXXI, §3114, Oct. 17, 2006, 120 Stat. 2505, as amended by Pub. L. 110–417, div. C, title XXXI, §3115, Oct. 14, 2008, 122 Stat. 4757, provided that:

"(a) In General.—The Secretary of Energy may, with the concurrence of the Secretary of State, enter into one or more agreements with any person (including a foreign government, international organization, or multinational entity) that the Secretary of Energy considers appropriate under which the person contributes funds for purposes of the International Nuclear Materials Protection and Cooperation program or Russian Plutonium Disposition program of the National Nuclear Security Administration.

"(b) Retention and Use of Amounts.—Notwithstanding section 3302 of title 31, United States Code, the Secretary of Energy may retain and use amounts contributed under an agreement under subsection (a) for purposes of the International Nuclear Materials Protection and Cooperation program or Russian Plutonium Disposition program. Amounts so contributed shall be retained in a separate fund established in the Treasury for such purposes and shall be available for use without further appropriation and without fiscal year limitation.

"(c) Return of Amounts Not Used Within 5 Years.—If an amount contributed under an agreement under subsection (a) is not used under this section within 5 years after it was contributed, the Secretary of Energy shall return that amount to the person who contributed it.

"(d) Notice to Congressional Defense Committees.—Not later than 30 days after the receipt of an amount contributed under subsection (a), the Secretary of Energy shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a notice specifying the purpose and value of the contribution and identifying the person who contributed it. The Secretary may not use the amount until 15 days after the notice is submitted.

"(e) Annual Report.—Not later than October 31 of each year, the Secretary of Energy shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the receipt and use of amounts under this section during the preceding fiscal year. Each report for a fiscal year shall set forth—

"(1) a statement of any amounts received under this section, including, for each such amount, the value of the contribution and the person who contributed it;

"(2) a statement of any amounts used under this section, including, for each such amount, the purposes for which the amount was used; and

"(3) a statement of the amounts retained but not used under this section, including, for each such amount, the purposes (if known) for which the Secretary intends to use the amount.

"(f) Expiration.—The authority to accept, retain, and use contributions under this section expires on December 31, 2015."

Commission to Assess the Threat to the United States From Electromagnetic Pulse (EMP) Attack

Pub. L. 114–92, div. A, title X, §1089(a), (b), Nov. 25, 2015, 129 Stat. 1015, 1016, provided that:

"(a) Reestablishment.—The commission established pursuant to title XIV of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–345) [formerly set out below], and reestablished pursuant to section 1052 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 50 U.S.C. 2301 note), known as the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack, is hereby reestablished.

"(b) Membership.—Service on the Commission is voluntary, and Commissioners may elect to terminate their service on the Commission. If a Commissioner is unwilling or unable to serve on the Commission, the Secretary of Defense, in consultation with the chairmen and ranking members of the Committees on Armed Services of the House of Representatives and the Senate, shall appoint a new member to fill that vacancy."

Pub. L. 109–163, div. A, title X, §1052(a)–(c), Jan. 6, 2006, 119 Stat. 3434, provided that:

"(a) Reestablishment.—The commission established pursuant to title XIV of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–345) [formerly set out below], known as the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack, is hereby reestablished.

"(b) Membership.—The Commission as reestablished shall have the same membership as the Commission had as of the date of the submission of the report of the Commission pursuant to section 1403(a) of such Act, as in effect before the date of the enactment of this Act [Jan. 6, 2006]. Service on the Commission is voluntary, and Commissioners may elect to terminate their service on the Commission.

"(c) Commission Charter Defined.—In this section [enacting this note and amending title XIV of Pub. L. 106–398, formerly set out below], the term 'Commission charter' means title XIV of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–345 et seq.)."

Pub. L. 106–398, §1 [[div. A], title XIV], Oct. 30, 2000, 114 Stat. 1654, 1654A-345, as amended by Pub. L. 109–163, div. A, title X, §1052(d)–(j), Jan. 6, 2006, 119 Stat. 3434, 3435; Pub. L. 109–364, div. A, title X, §1073, Oct. 17, 2006, 120 Stat. 2403; Pub. L. 110–181, div. A, title X, §§1063(e)(2), 1075(a), (b), Jan. 28, 2008, 122 Stat. 323, 333; Pub. L. 111–383, div. A, title X, §1075(f)(8), Jan. 7, 2011, 124 Stat. 4376; Pub. L. 114–92, div. A, title X, §1089(d)–(g), Nov. 25, 2015, 129 Stat. 1016, which related to the Commission to Assess the Threat to the United States From Electromagnetic Pulse (EMP) Attack, was repealed by Pub. L. 115–91, div. A, title XVI, §1691(i), Dec. 12, 2017, 131 Stat. 1788, as amended by Pub. L. 115–232, div. A, title X, §1081(c)(4), Aug. 13, 2018, 132 Stat. 1985. See section 1691(a)–(h) of Pub. L. 115–91, 131 Stat. 1786–1788.

[Pub. L. 115–232, div. A, title X, §1081(c), Aug. 13, 2018, 132 Stat. 1985, provided that the amendment made by section 1081(c)(4) to section 1691(i) of Pub. L. 115–91, repealing section 1 of Pub. L. 106–398, set out above, is effective as of Dec. 12, 2017, and as if included in Pub. L. 115–91 as enacted.]

Domestic Preparedness for Defense Against Weapons of Mass Destruction

Pub. L. 105–261, div. A, title XIV, Oct. 17, 1998, 112 Stat. 2167, as amended by Pub. L. 106–65, div. A, title X, §1064, Oct. 5, 1999, 113 Stat. 769, Pub. L. 106–398, §1 [[div. A], title X, §1087(d)(7)], Oct. 30, 2000, 114 Stat. 1654, 1654A-293; Pub. L. 107–107, div. A, title XV, §1514(a), (b)(1), Dec. 28, 2001, 115 Stat. 1273; Pub. L. 107–296, title VIII, §889(b)(2), Nov. 25, 2002, 116 Stat. 2251, provided that:

"SEC. 1401. SHORT TITLE.

"This title may be cited as the 'Defense Against Weapons of Mass Destruction Act of 1998'.

"SEC. 1402. DOMESTIC PREPAREDNESS FOR RESPONSE TO THREATS OF TERRORIST USE OF WEAPONS OF MASS DESTRUCTION.

"(a) Enhanced Response Capability.—In light of the continuing potential for terrorist use of weapons of mass destruction against the United States and the need to develop a more fully coordinated response to that threat on the part of Federal, State, and local agencies, the President shall act to increase the effectiveness at the Federal, State, and local level of the domestic emergency preparedness program for response to terrorist incidents involving weapons of mass destruction by utilizing the President's existing authorities to develop an integrated program that builds upon the program established under the Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of Public Law 104–201; 110 Stat. 2714; 50 U.S.C. 2301 et seq.).

"(b) Report.—Not later than January 31, 1999, the President shall submit to Congress a report containing information on the actions taken at the Federal, State, and local level to develop an integrated program to prevent and respond to terrorist incidents involving weapons of mass destruction.

"SEC. 1403. REPORT ON DOMESTIC EMERGENCY PREPAREDNESS

[Repealed. Pub. L. 107–296, title VIII, §889(b)(2), Nov. 25, 2002, 116 Stat. 2251.]

"SEC. 1404. THREAT AND RISK ASSESSMENTS.

"(a) Threat and Risk Assessments.—Assistance to Federal, State, and local agencies provided under the program under section 1402 shall include the performance of assessments of the threat and risk of terrorist employment of weapons of mass destruction against cities and other local areas. Such assessments shall be used by Federal, State, and local agencies to determine the training and equipment requirements under this program and shall be performed as a collaborative effort with State and local agencies.

"(b) Conduct of Assessments.—The Department of Justice, as lead Federal agency for domestic crisis management in response to terrorism involving weapons of mass destruction, shall—

"(1) conduct any threat and risk assessment performed under subsection (a) in coordination with appropriate Federal, State, and local agencies; and

"(2) develop procedures and guidance for conduct of the threat and risk assessment in consultation with officials from the intelligence community.

"SEC. 1405. ADVISORY PANEL TO ASSESS DOMESTIC RESPONSE CAPABILITIES FOR TERRORISM INVOLVING WEAPONS OF MASS DESTRUCTION.

"(a) Requirement for Panel.—The Secretary of Defense, in consultation with the Attorney General, the Secretary of Energy, the Secretary of Health and Human Services, and the Director of the Federal Emergency Management Agency, shall enter into a contract with a federally funded research and development center to establish a panel to assess the capabilities for domestic response to terrorism involving weapons of mass destruction.

"(b) Composition of Panel; Selection.—(1) The panel shall be composed of members who shall be private citizens of the United States with knowledge and expertise in emergency response matters.

"(2) Members of the panel shall be selected by the federally funded research and development center in accordance with the terms of the contract established pursuant to subsection (a).

"(c) Procedures for Panel.—The federally funded research and development center shall be responsible for establishing appropriate procedures for the panel, including procedures for selection of a panel chairman.

"(d) Duties of Panel.—The panel shall—

"(1) assess Federal agency efforts to enhance domestic preparedness for incidents involving weapons of mass destruction;

"(2) assess the progress of Federal training programs for local emergency responses to incidents involving weapons of mass destruction;

"(3) assess deficiencies in programs for response to incidents involving weapons of mass destruction, including a review of unfunded communications, equipment, and planning requirements, and the needs of maritime regions;

"(4) recommend strategies for ensuring effective coordination with respect to Federal agency weapons of mass destruction response efforts, and for ensuring fully effective local response capabilities for weapons of mass destruction incidents; and

"(5) assess the appropriate roles of State and local government in funding effective local response capabilities.

"(e) Deadline To Enter Into Contract.—The Secretary of Defense shall enter into the contract required under subsection (a) not later than 60 days after the date of the enactment of this Act [Oct. 17, 1998].

"(f) Deadline for Selection of Panel Members.—Selection of panel members shall be made not later than 30 days after the date on which the Secretary enters into the contract required by subsection (a).

"(g) Initial Meeting of the Panel.—The panel shall conduct its first meeting not later than 30 days after the date that all the selections to the panel have been made.

"(h) Reports.—(1) Not later than 6 months after the date of the first meeting of the panel, the panel shall submit to the President and to Congress an initial report setting forth its findings, conclusions, and recommendations for improving Federal, State, and local domestic emergency preparedness to respond to incidents involving weapons of mass destruction.

"(2) Not later than December 15 of each year, beginning in 1999 and ending in 2003, the panel shall submit to the President and to the Congress a report setting forth its findings, conclusions, and recommendations for improving Federal, State, and local domestic emergency preparedness to respond to incidents involving weapons of mass destruction.

"(i) Cooperation of Other Agencies.—(1) The panel may secure directly from the Department of Defense, the Department of Energy, the Department of Health and Human Services, the Department of Justice, and the Federal Emergency Management Agency, or any other Federal department or agency information that the panel considers necessary for the panel to carry out its duties.

"(2) The Attorney General, the Secretary of Defense, the Secretary of Energy, the Secretary of Health and Human Services, the Director of the Federal Emergency Management Agency, and any other official of the United States shall provide the panel with full and timely cooperation in carrying out its duties under this section.

"(j) Funding.—The Secretary of Defense shall provide the funds necessary for the panel to carry out its duties from the funds available to the Department of Defense for weapons of mass destruction preparedness initiatives.

"(k) Compensation of Panel Members.—The provisions of paragraph (4) of section 591(c) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 (as contained in section 101(d) of division A of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105–277; 112 Stat. 2681–212)), shall apply to members of the panel in the same manner as to members of the National Commission on Terrorism under that paragraph.

"(l) Termination of the Panel.—The panel shall terminate five years after the date of the appointment of the member selected as chairman of the panel.

"(m) Definition.—In this section, the term 'weapon of mass destruction' has the meaning given that term in section 1403(1) of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302(1))."

[Pub. L. 107–107, div. A, title XV, §1514(b)(2), Dec. 28, 2001, 115 Stat. 1274, provided that: "The amendment made by paragraph (1) [amending section 1405(k) of Pub. L. 105–261, set out above] shall apply with respect to periods of service on the advisory panel under section 1405 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 [Pub. L. 105–261] on or after the date of the enactment of this Act [Dec. 28, 2001]."]

[For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.]

[For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.]

Executive Documents

Executive Order No. 13328

Ex. Ord. No. 13328, Feb. 6, 2004, 69 F.R. 6901, which established the Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction, was revoked by Ex. Ord. No. 13385, §3(a), Sept. 29, 2005, 70 F.R. 57990, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees.

§2302. Definitions

In this chapter:

(1) The term "weapon of mass destruction" means any weapon or device that is intended, or has the capability, to cause death or serious bodily injury to a significant number of people through the release, dissemination, or impact of—

(A) toxic or poisonous chemicals or their precursors;

(B) a disease organism; or

(C) radiation or radioactivity.

(2) The term "independent states of the former Soviet Union" has the meaning given that term in section 5801 of title 22.

(3) The term "highly enriched uranium" means uranium enriched to 20 percent or more in the isotope U–235.

(Pub. L. 104–201, div. A, title XIV, §1403, Sept. 23, 1996, 110 Stat. 2717.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this title", meaning title XIV of div. A of Pub. L. 104–201, Sept. 23, 1996, 110 Stat. 2714, which is classified principally to this chapter. For complete classification of title XIV to the Code, see Short Title note set out under section 2301 of this title and Tables.

SUBCHAPTER I—DOMESTIC PREPAREDNESS

§2311. Response to threats of terrorist use of weapons of mass destruction

(a) Enhanced response capability

In light of the potential for terrorist use of weapons of mass destruction against the United States, the President shall take immediate action—

(1) to enhance the capability of the Federal Government to prevent and respond to terrorist incidents involving weapons of mass destruction; and

(2) to provide enhanced support to improve the capabilities of State and local emergency response agencies to prevent and respond to such incidents at both the national and the local level.

(b) Report required

Not later than January 31, 1997, the President shall transmit to Congress a report containing—

(1) an assessment of the capabilities of the Federal Government to prevent and respond to terrorist incidents involving weapons of mass destruction and to support State and local prevention and response efforts;

(2) requirements for improvements in those capabilities; and

(3) the measures that should be taken to achieve such improvements, including additional resources and legislative authorities that would be required.

(Pub. L. 104–201, div. A, title XIV, §1411, Sept. 23, 1996, 110 Stat. 2717.)

§2312. Repealed. Pub. L. 109–163, div. A, title X, §1034, Jan. 6, 2006, 119 Stat. 3429

Section, Pub. L. 104–201, div. A, title XIV, §1412, Sept. 23, 1996, 110 Stat. 2718; Pub. L. 107–107, div. A, title XV, §1513, Dec. 28, 2001, 115 Stat. 1273, related to emergency response assistance for civilian personnel in case of use or threatened use of weapons of mass destruction.

§2313. Nuclear, chemical, and biological emergency response

(a) Department of Defense

The Assistant Secretary of Defense for Homeland Defense is responsible for the coordination of Department of Defense assistance to Federal, State, and local officials in responding to threats involving nuclear, radiological, biological, chemical weapons, or high-yield explosives or related materials or technologies, including assistance in identifying, neutralizing, dismantling, and disposing of nuclear, radiological, biological, chemical weapons, and high-yield explosives and related materials and technologies.

(b) Department of Energy

The Secretary of Energy shall designate an official within the Department of Energy as the executive agent for—

(1) the coordination of Department of Energy assistance to Federal, State, and local officials in responding to threats involving nuclear, chemical, and biological weapons or related materials or technologies, including assistance in identifying, neutralizing, dismantling, and disposing of nuclear weapons and related materials and technologies; and

(2) the coordination of Department of Energy assistance to the Department of Defense in carrying out that department's responsibilities under subsection (a).

(c) Funding

Of the total amount authorized to be appropriated under section 301,¹ $15,000,000 is available for providing assistance described in subsection (a).

(Pub. L. 104–201, div. A, title XIV, §1413, Sept. 23, 1996, 110 Stat. 2719; Pub. L. 109–163, div. A, title X, §1031, Jan. 6, 2006, 119 Stat. 3428.)

Editorial Notes

References in Text

Section 301, referred to in subsec. (c), is section 301 of Pub. L. 104–201, div. A, title III, Sept. 23, 1996, 110 Stat. 2475, which is not classified to the Code.

Amendments

2006—Subsec. (a). Pub. L. 109–163 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "The Secretary of Defense shall designate an official within the Department of Defense as the executive agent for—

"(1) the coordination of Department of Defense assistance to Federal, State, and local officials in responding to threats involving biological or chemical weapons or related materials or technologies, including assistance in identifying, neutralizing, dismantling, and disposing of biological and chemical weapons and related materials and technologies; and

"(2) the coordination of Department of Defense assistance to the Department of Energy in carrying out that department's responsibilities under subsection (b)."

Statutory Notes and Related Subsidiaries

Transfer of Technology Items and Equipment in Support of Homeland Security

Pub. L. 107–314, div. A, title XIV, §1401, Dec. 2, 2002, 116 Stat. 2674, provided that:

"(a) Responsible Senior Official.—The Secretary of Defense shall designate a senior official of the Department of Defense to coordinate all Department of Defense efforts to identify, evaluate, deploy, and transfer to Federal, State, and local first responders technology items and equipment in support of homeland security.

"(b) Duties.—The official designated pursuant to subsection (a) shall—

"(1) identify technology items and equipment developed or being developed by Department of Defense components that have the potential to enhance public safety and improve homeland security;

"(2) cooperate with appropriate Federal Government officials outside the Department of Defense to evaluate whether such technology items and equipment would be useful to first responders;

"(3) facilitate the timely transfer, through identification of appropriate private sector manufacturers, of appropriate technology items and equipment to Federal, State, and local first responders, in coordination with appropriate Federal Government officials outside the Department of Defense;

"(4) identify and eliminate redundant and unnecessary research efforts within the Department of Defense with respect to technologies to be deployed to first responders;

"(5) expedite the advancement of high priority Department of Defense projects from research through implementation of initial manufacturing; and

"(6) participate in outreach programs established by appropriate Federal Government officials outside the Department of Defense to communicate with first responders and to facilitate awareness of available technology items and equipment to support responses to crises.

"(c) Support Agreement.—The official designated pursuant to subsection (a) shall enter into an appropriate agreement with a nongovernment entity for such entity to assist the official designated under subsection (a) in carrying out that official's duties under this section. Any such agreement shall be entered into using competitive procedures in compliance with applicable requirements of law and regulation.

"(d) Report.—Not later than 180 days after the date of the enactment of this Act [Dec. 2, 2002], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the actions taken to carry out this section. The report shall include the following:

"(1) Identification of the senior official designated pursuant to subsection (a).

"(2) A summary of the actions taken or planned to be taken to implement subsection (b), including a schedule for planned actions.

"(3) An initial list of technology items and equipment identified pursuant to subsection (b)(1), together with a summary of any program schedule for the development, deployment, or transfer of such items and equipment.

"(4) A description of any agreement entered into pursuant to subsection (c)."

¹ See References in Text note below.

§2314. Chemical, biological, radiological, nuclear, and high-yield explosives response team

(a) Department of Defense rapid response team

The Secretary of Defense shall develop and maintain at least one domestic terrorism rapid response team composed of members of the Armed Forces and employees of the Department of Defense who are capable of aiding Federal, State, and local officials in the detection, neutralization, containment, dismantlement, and disposal of weapons of mass destruction containing chemical, biological, radiological, nuclear, and high-yield explosives.

(b) Addition to Federal response plans

The Secretary of Homeland Security shall incorporate into the National Response Plan prepared pursuant to section 502(6) ¹ of the Homeland Security Act of 2002 (6 U.S.C. 312(6)), other existing Federal emergency response plans, and programs prepared under section 5196(b) of title 42 guidance on the use and deployment of the rapid response teams established under this section to respond to emergencies involving weapons of mass destruction. The Secretary of Homeland Security shall carry out this subsection in coordination with the Secretary of Defense and the heads of other Federal agencies involved with the emergency response plans.

(Pub. L. 104–201, div. A, title XIV, §1414, Sept. 23, 1996, 110 Stat. 2720; Pub. L. 109–163, div. A, title X, §1033, Jan. 6, 2006, 119 Stat. 3429.)

Editorial Notes

References in Text

Section 502(6) of the Homeland Security Act of 2002, referred to in subsec. (b), probably should be a reference to section 504(a)(6) of that Act, which is classified to section 314(a)(6) of Title 6, Domestic Security. Section 502 of the Act was renumbered section 504 and par. (6) of that section was redesignated subsec. (a)(6) by Pub. L. 109–295, title VI, §611(8), (12)(B), Oct. 4, 2006, 120 Stat. 1395, 1398.

Amendments

2006—Pub. L. 109–163, §1033(1), substituted "Chemical, biological, radiological, nuclear, and high-yield explosives response team" for "Chemical-biological emergency response team" in section catchline.

Subsec. (a). Pub. L. 109–163, §1033(2), substituted "radiological, nuclear, and high-yield explosives" for "or related materials".

Subsec. (b). Pub. L. 109–163, §1033(3), in heading, substituted "plans" for "plan" and, in text, substituted "The Secretary of Homeland Security shall incorporate into the National Response Plan prepared pursuant to section 312(6) of title 6, other existing Federal emergency response plans, and" for "Not later than December 31, 1997, the Director of the Federal Emergency Management Agency shall develop and incorporate into existing Federal emergency response plans and" in first sentence and "Secretary of Homeland Security" for "Director" and "coordination" for "consultation" in second sentence.

¹ See References in Text note below.

§2315. Testing of preparedness for emergencies involving nuclear, radiological, chemical, and biological weapons

(a) Emergencies involving nuclear, radiological, chemical, or biological weapons

(1) The Secretary of Homeland Security shall develop and carry out a program for testing and improving the responses of Federal, State, and local agencies to emergencies involving nuclear, radiological, biological, and chemical weapons and related materials.

(2) The program shall include exercises to be carried out in accordance with sections 112(c) and 238(c)(1) of title 6.

(3) In developing and carrying out the program, the Secretary shall coordinate with the Secretary of Defense, the Director of the Federal Bureau of Investigation, the Secretary of Energy, and the heads of any other Federal, State, and local government agencies that have an expertise or responsibilities relevant to emergencies described in paragraph (1).

(b) Annual revisions of programs

The Secretary of Homeland Security shall revise the program developed under subsection (a) not later than June 1 in each fiscal year covered by the program. The revisions shall include adjustments that the Secretary determines necessary or appropriate on the basis of the lessons learned from the exercise or exercises carried out under the program in the fiscal year, including lessons learned regarding coordination problems and equipment deficiencies.

(Pub. L. 104–201, div. A, title XIV, §1415, Sept. 23, 1996, 110 Stat. 2720; Pub. L. 107–314, div. C, title XXXI, §3154(a), Dec. 2, 2002, 116 Stat. 2738; Pub. L. 109–163, div. A, title X, §1032, Jan. 6, 2006, 119 Stat. 3428.)

Editorial Notes

Amendments

2006—Subsec. (a). Pub. L. 109–163, §1032(a)(1), substituted "nuclear, radiological, chemical, or" for "chemical or" in heading.

Subsec. (a)(1). Pub. L. 109–163, §1032(a)(2), substituted "Secretary of Homeland Security" for "Secretary of Defense" and "nuclear, radiological, biological, and" for "biological weapons and related materials and emergencies involving".

Subsec. (a)(2). Pub. L. 109–163, §1032(a)(3), substituted "in accordance with sections 112(c) and 238(c)(1) of title 6" for "during each of fiscal years 1997 through 2013".

Subsec. (a)(3). Pub. L. 109–163, §1032(a)(4), inserted "the Secretary of Defense," before "the Director of the Federal Bureau of Investigation" and struck out "the Director of the Federal Emergency Management Agency," before "the Secretary of Energy,".

Subsecs. (b), (c). Pub. L. 109–163, §1032(b), (c), redesignated subsec. (c) as (b), substituted "The Secretary of Homeland Security shall revise the program developed under subsection (a)" for "The official responsible for carrying out a program developed under subsection (a) or (b) shall revise the program" in first sentence and "the Secretary" for "the official" in second sentence, and struck out heading and text of former subsec. (b) which related to emergencies involving nuclear and radiological weapons.

Subsecs. (d), (e). Pub. L. 109–163, §1032(d), struck out heading and text of subsecs. (d) and (e) which related to option to transfer responsibility for programs under this section and to funding, respectively.

2002—Subsecs. (a)(2), (b)(2). Pub. L. 107–314 substituted "of fiscal years 1997 through 2013" for "of five successive fiscal years beginning with fiscal year 1997".

Statutory Notes and Related Subsidiaries

Construction of Extension With Designation of Attorney General as Lead Official

Pub. L. 107–314, div. C, title XXXI, §3154(b), Dec. 2, 2002, 116 Stat. 2738, provided that: "The amendments made by subsection (a) [amending this section] may not be construed as modifying the designation of the President titled 'Designation of the Attorney General as the Lead Official for the Emergency Response Assistance Program Under Sections 1412 and 1415 of the National Defense Authorization Act for Fiscal Year 1997', dated April 6, 2000, designating the Attorney General to assume programmatic and funding responsibilities for the Emergency Response Assistance Program under sections 1412 [former 50 U.S.C. 2312] and 1415 [50 U.S.C. 2315] of the Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of the National Defense Authorization Act for Fiscal Year 1997)."

§2316. Actions to increase civilian expertise

(a) to (c) Omitted

(d) Civilian expertise

The President shall take reasonable measures to reduce the reliance of civilian law enforcement officials on Department of Defense resources to counter the threat posed by the use or potential use of biological and chemical weapons of mass destruction within the United States. The measures shall include—

(1) actions to increase civilian law enforcement expertise to counter such a threat; and

(2) actions to improve coordination between civilian law enforcement officials and other civilian sources of expertise, within and outside the Federal Government, to counter such a threat.

(e) Reports

The President shall submit to Congress the following reports:

(1) Not later than 90 days after September 23, 1996, a report describing the respective policy functions and operational roles of Federal agencies in countering the threat posed by the use or potential use of biological and chemical weapons of mass destruction within the United States.

(2) Not later than one year after September 23, 1996, a report describing—

(A) the actions planned to be taken to carry out subsection (d); and

(B) the costs of such actions.

(3) Not later than three years after September 23, 1996, a report updating the information provided in the reports submitted pursuant to paragraphs (1) and (2), including the measures taken pursuant to subsection (d).

(Pub. L. 104–201, div. A, title XIV, §1416, Sept. 23, 1996, 110 Stat. 2721.)

Editorial Notes

Codification

Section is comprised of subsecs. (d) and (e) of section 1416 of Pub. L. 104–201. Subsecs. (a) to (c) of section 1416 enacted section 382 (now 282) of Title 10, Armed Forces, and sections 175a and 2332d of Title 18, Crimes and Criminal Procedure, and amended section 372 of Title 10.

§2317. Rapid response information system

(a) Inventory of rapid response assets

(1) The head of each Federal Response Plan agency shall develop and maintain an inventory of physical equipment and assets under the jurisdiction of that agency that could be made available to aid State and local officials in search and rescue and other disaster management and mitigation efforts associated with an emergency involving weapons of mass destruction. The agency head shall submit a copy of the inventory, and any updates of the inventory, to the Administrator of the Federal Emergency Management Agency for inclusion in the master inventory required under subsection (b).

(2) Each inventory shall include a separate listing of any equipment that is excess to the needs of that agency and could be considered for disposal as excess or surplus property for use for response and training with regard to emergencies involving weapons of mass destruction.

(b) Master inventory

The Administrator of the Federal Emergency Management Agency shall compile and maintain a comprehensive listing of all inventories prepared under subsection (a). The first such master list shall be completed not later than December 31, 1997, and shall be updated annually thereafter.

(c) Addition to Federal response plan

Not later than December 31, 1997, the Administrator of the Federal Emergency Management Agency shall develop and incorporate into existing Federal emergency response plans and programs prepared under section 5196(b) of title 42 guidance on accessing and using the physical equipment and assets included in the master list developed under subsection ¹ to respond to emergencies involving weapons of mass destruction.

(d) Database on chemical and biological materials

The Administrator of the Federal Emergency Management Agency, in consultation with the Secretary of Defense, shall prepare a database on chemical and biological agents and munitions characteristics and safety precautions for civilian use. The initial design and compilation of the database shall be completed not later than December 31, 1997.

(e) Access to inventory and database

The Administrator of the Federal Emergency Management Agency shall design and maintain a system to give Federal, State, and local officials access to the inventory listing and database maintained under this section in the event of an emergency involving weapons of mass destruction or to prepare and train to respond to such an emergency. The system shall include a secure but accessible emergency response hotline to access information and request assistance.

(Pub. L. 104–201, div. A, title XIV, §1417, Sept. 23, 1996, 110 Stat. 2724; Pub. L. 109–295, title VI, §612(c), Oct. 4, 2006, 120 Stat. 1410.)

Statutory Notes and Related Subsidiaries

Change of Name

"Administrator of the Federal Emergency Management Agency" substituted for "Director of the Federal Emergency Management Agency" wherever appearing in text on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6.

¹ So in original. Probably should be "subsection (b)".

SUBCHAPTER II—INTERDICTION OF WEAPONS OF MASS DESTRUCTION AND RELATED MATERIALS

§2331. Procurement of detection equipment for United States border security

Of the amount authorized to be appropriated by section 301,¹ $15,000,000 is available for the procurement of—

(1) equipment capable of detecting the movement of weapons of mass destruction and related materials into the United States;

(2) equipment capable of interdicting the movement of weapons of mass destruction and related materials into the United States; and

(3) materials and technologies related to use of equipment described in paragraph (1) or (2).

(Pub. L. 104–201, div. A, title XIV, §1421, Sept. 23, 1996, 110 Stat. 2725.)

Editorial Notes

References in Text

Section 301, referred to in text, is section 301 of Pub. L. 104–201, div. A, title III, Sept. 23, 1996, 110 Stat. 2475, which is not classified to the Code.

¹ See References in Text note below.

§2332. Sense of Congress concerning criminal penalties

(a) Sense of Congress concerning inadequacy of sentencing guidelines

It is the sense of Congress that the sentencing guidelines prescribed by the United States Sentencing Commission for the offenses of importation, attempted importation, exportation, and attempted exportation of nuclear, biological, and chemical weapons materials constitute inadequate punishment for such offenses.

(b) Urging of revision to guidelines

Congress urges the United States Sentencing Commission to revise the relevant sentencing guidelines to provide for increased penalties for offenses relating to importation, attempted importation, exportation, and attempted exportation of nuclear, biological, or chemical weapons or related materials or technologies under the following provisions of law:

(1) Section 4610 ¹ of this title.

(2) Sections 2778 and 2780 of title 22.

(3) The International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).

(4) Section 2139a(c) of title 42.

(Pub. L. 104–201, div. A, title XIV, §1423, Sept. 23, 1996, 110 Stat. 2725; Pub. L. 105–261, div. A, title X, §1069(c)(1), Oct. 17, 1998, 112 Stat. 2136.)

Editorial Notes

References in Text

Section 4610 of this title, referred to in subsec. (b)(1), was repealed by Pub. L. 115–232, div. A, title XVII, §1766(a), Aug. 13, 2018, 132 Stat. 2232.

The International Emergency Economic Powers Act, referred to in subsec. (b)(3), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§1701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables.

Codification

Section is comprised of section 1423 of Pub. L. 104–201 which also enacted provisions listed in a table of sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure.

Amendments

1998—Subsec. (b)(4). Pub. L. 105–261 made technical amendment to reference in original act which appears in text as reference to section 2139a(c) of title 42.

¹ See References in Text note below.

§2333. International border security

(a) Secretary of Defense responsibility

The Secretary of Defense, in consultation and cooperation with the Commissioner of U.S. Customs and Border Protection, shall carry out programs for assisting customs officials and border guard officials in the independent states of the former Soviet Union, the Baltic states, and other countries of Eastern Europe in preventing unauthorized transfer and transportation of nuclear, biological, and chemical weapons and related materials. Training, expert advice, maintenance of equipment, loan of equipment, and audits may be provided under or in connection with the programs.

(b) Other countries

The Secretary of Defense may carry out programs under subsection (a) in a country other than a country specified in that subsection if the Secretary determines that there exists in that country a significant threat of the unauthorized transfer and transportation of nuclear, biological, or chemical weapons or related materials.

(c) Assistance to states of former Soviet Union

Assistance under programs referred to in subsection (a) may (notwithstanding any provision of law prohibiting the extension of foreign assistance to any of the newly independent states of the former Soviet Union) be extended to include an independent state of the former Soviet Union if the President certifies to Congress that it is in the national interest of the United States to extend assistance under this section to that state.

(Pub. L. 104–201, div. A, title XIV, §1424, Sept. 23, 1996, 110 Stat. 2726; Pub. L. 108–375, div. A, title XII, §1211(a), Oct. 28, 2004, 118 Stat. 2087; Pub. L. 114–125, title VIII, §802(d)(2), Feb. 24, 2016, 130 Stat. 210.)

Editorial Notes

Amendments

2004—Subsec. (b). Pub. L. 108–375 amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: "Of the total amount authorized to be appropriated by section 301, $15,000,000 is available for carrying out the programs referred to in subsection (a)."

Statutory Notes and Related Subsidiaries

Change of Name

"Commissioner of U.S. Customs and Border Protection" substituted for "Commissioner of Customs" in subsec. (a) on authority of section 802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security.

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

Executive Documents

Delegation of Authority

Memorandum of President of the United States, July 24, 1997, 62 F.R. 40727, provided:

Memorandum for the Secretary of Defense

By the authority vested in me by the Constitution and the laws of the United States of America, including section 301 of title 3 of the United States Code, I hereby delegate to you, in consultation with the Secretary of State, the authority vested in the President under section 1424(c) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201) [50 U.S.C. 2333(c)].

You are authorized and directed to publish this memorandum in the Federal Register.

William J. Clinton.      

§2334. Training program

The Secretary of Defense may participate in a training program carried out jointly by the Secretary of Defense and the Director of the Federal Bureau of Investigation in order to expand and improve United States efforts to deter the possible proliferation and acquisition of weapons of mass destruction by organized crime organizations in Eastern Europe, the Baltic countries, states of the former Soviet Union, and in other countries in which, as determined by the Secretary of Defense, there exists a significant threat of such proliferation and acquisition.

(Pub. L. 103–337, div. A, title XV, §1504(e)(3)(A), Oct. 5, 1994, 108 Stat. 2918; Pub. L. 108–375, div. A, title XII, §1211(b), Oct. 28, 2004, 118 Stat. 2087.)

Editorial Notes

Codification

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1995, and not as part of the Defense Against Weapons of Mass Destruction Act of 1996 which comprises this chapter.

Amendments

2004—Pub. L. 108–375 substituted "The Secretary of Defense may participate in a" for "The training program referred to in paragraph (1)(B) is a", inserted "of" after "acquisition", struck out "and" after "countries,", and inserted before period at end ", and in other countries in which, as determined by the Secretary of Defense, there exists a significant threat of such proliferation and acquisition".

SUBCHAPTER III—CONTROL AND DISPOSITION OF WEAPONS OF MASS DESTRUCTION AND RELATED MATERIALS THREATENING THE UNITED STATES

§2341. Elimination of plutonium production

(a) Replacement program

The Secretary of Energy, in consultation with the Secretary of Defense, shall develop a cooperative program with the Government of Russia to eliminate the production of weapons grade plutonium by modifying or replacing the reactor cores at Tomsk–7 and Krasnoyarsk–26 with reactor cores that are less suitable for the production of weapons-grade plutonium.

(b) Program requirements

(1) The program shall be designed to achieve completion of the modifications or replacements of the reactor cores within three years after the modification or replacement activities under the program are begun.

(2) The plan for the program shall—

(A) specify—

(i) successive steps for the modification or replacement of the reactor cores; and

(ii) clearly defined milestones to be achieved; and

(B) include estimates of the costs of the program.

(c) Submission of program plan to Congress

Not later than 180 days after September 23, 1996, the Secretary of Defense shall submit to Congress—

(1) a plan for the program under subsection (a);

(2) an estimate of the United States funding that is necessary for carrying out the activities under the program for each fiscal year covered by the program; and

(3) a comparison of the benefits of the program with the benefits of other nonproliferation programs.

(Pub. L. 104–201, div. A, title XIV, §1432, Sept. 23, 1996, 110 Stat. 2726.)

§2342. Cooperative program on research, development, and demonstration of technology regarding nuclear or radiological terrorism

(a) Program required

The Administrator for Nuclear Security shall carry out with the Russian Federation a cooperative program on the research, development, and demonstration of technologies for protection from and response to nuclear or radiological terrorism.

(b) Program elements

In carrying out the program required by subsection (a), the Administrator shall—

(1) conduct research and development of technology for protection from nuclear or radiological terrorism, including technology for the detection, identification, assessment, control, and disposition of radiological materials that could be used for nuclear terrorism; and

(2) provide, where feasible, for the demonstration to other countries of technologies or methodologies on matters relating to nuclear or radiological terrorism, including—

(A) the demonstration of technologies developed under the program to respond to nuclear or radiological terrorism;

(B) the demonstration of technologies developed under the program for the disposal of radioactive materials;

(C) the demonstration of methodologies developed under the program for use in evaluating the radiological threat of radiological sources identified as not under current accounting programs in the audit report of the Inspector General of the Department of Energy titled "Accounting for Sealed Sources of Nuclear Material Provided to Foreign Countries" (DOE/IG–0546);

(D) in coordination with the Nuclear Regulatory Commission, the demonstration of methodologies developed under the program to facilitate the development of a regulatory framework for licensing and controlling radioactive sources; and

(E) in coordination with the Office of Environment, Safety, and Health of the Department of Energy, the demonstration of methodologies developed under the program to facilitate development of consistent criteria for screening international transfers of radiological materials.

(c) Consultation

In carrying out activities in accordance with subsection (b)(2), the Administrator shall consult with—

(1) the Secretary of Defense, Secretary of State, and Secretary of Commerce; and

(2) the International Atomic Energy Agency.

(d) Amount for activities

Of the amount authorized to be appropriated by section 3101(a)(2) ¹ for the Department of Energy for the National Nuclear Security Administration for defense nuclear nonproliferation, up to $15,000,000 may be available for carrying out this section.

(Pub. L. 107–314, div. C, title XXXI, §3155, Dec. 2, 2002, 116 Stat. 2739.)

Editorial Notes

References in Text

Section 3101(a)(2), referred to in subsec. (d), is section 3101(a)(2) of Pub. L. 107–314, div. C, title XXXI, Dec. 2, 2002, 116 Stat. 2729, which is not classified to the Code.

Codification

Section was enacted as part of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, and not as part of the Defense Against Weapons of Mass Destruction Act of 1996 which comprises this chapter.

¹ See References in Text note below.

§2343. Matters relating to the international materials protection, control, and accounting program of the Department of Energy

(a) Radiological dispersal device materials protection, control, and accounting

The Secretary of Energy may establish within the International Materials Protection, Control, and Accounting program of the Department of Energy a program on the protection, control, and accounting of materials usable in radiological dispersal devices. In establishing such program, the Secretary shall—

(1) identify the sites and radiological materials to be covered by such program;

(2) carry out a risk assessment of such radiological materials; and

(3) identify and establish the costs of and schedules for such program.

(b) Revised focus for materials protection, control, and accounting program of Russian Federation

(1) The Secretary of Energy shall work cooperatively with the Russian Federation to develop, as soon as practicable but not later than January 1, 2018, a sustainable nuclear materials protection, control, and accounting system for the nuclear materials of the Russian Federation that is supported solely by the Russian Federation.

(2) The Secretary shall work with the Russian Federation to identify various alternatives to provide the United States adequate transparency in the nuclear materials protection, control, and accounting program of the Russian Federation to assure that such program is meeting applicable goals for nuclear materials protection, control, and accounting.

(c) Amount for activities

Of the amount authorized to be appropriated by section 3101(a)(2) ¹ for the Department of Energy for the National Nuclear Security Administration for defense nuclear nonproliferation, up to $5,000,000 may be available for carrying out this section.

(Pub. L. 107–314, div. C, title XXXI, §3156, Dec. 2, 2002, 116 Stat. 2739; Pub. L. 111–383, div. C, title XXXI, §3119, Jan. 7, 2011, 124 Stat. 4514.)

Editorial Notes

References in Text

Section 3101(a)(2), referred to in subsec. (c), is section 3101(a)(2) of Pub. L. 107–314, div. C, title XXXI, Dec. 2, 2002, 116 Stat. 2729, which is not classified to the Code.

Codification

Section was enacted as part of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, and not as part of the Defense Against Weapons of Mass Destruction Act of 1996 which comprises this chapter.

Amendments

2011—Subsec. (b)(1). Pub. L. 111–383 substituted "January 1, 2018" for "January 1, 2013".

¹ See References in Text note below.

§2344. Strengthened international security for nuclear materials and security of nuclear operations

(a) Report on options for international program to strengthen security

(1) Not later than 270 days after December 2, 2002, the Secretary of Energy shall submit to Congress a report on options for an international program to develop strengthened security for nuclear reactors and associated materials outside the United States.

(2) In evaluating options for purposes of the report, the Secretary shall consult with the Nuclear Regulatory Commission and the International Atomic Energy Agency on the feasibility and advisability of actions to reduce the risks associated with terrorist attacks on nuclear reactors outside the United States.

(b) Joint programs with Russia on proliferation-resistant nuclear energy technologies

(1) The Secretary shall pursue with the Ministry of Atomic Energy of the Russian Federation joint programs between the United States and the Russian Federation on the development of proliferation-resistant nuclear energy technologies, including advanced fuel cycles.

(2) Of the amount authorized to be appropriated by section 3101(a)(2) ¹ for the Department of Energy for the National Nuclear Security Administration for defense nuclear nonproliferation, up to $10,000,000 may be available for carrying out the joint programs referred to in paragraph (1).

(c) Assistance regarding hostile insiders

The Secretary may, utilizing appropriate expertise of the Department of Energy and the Nuclear Regulatory Commission, provide technical assistance to nuclear reactor facilities outside the United States with respect to the interdiction of hostile insiders at such facilities in order to prevent incidents arising from the disablement of the vital systems of such facilities.

(Pub. L. 107–314, div. C, title XXXI, §3158, Dec. 2, 2002, 116 Stat. 2741.)

Editorial Notes

References in Text

Section 3101(a)(2), referred to in subsec. (b)(2), is section 3101(a)(2) of Pub. L. 107–314, div. C, title XXXI, Dec. 2, 2002, 116 Stat. 2729, which is not classified to the Code.

Codification

Section was enacted as part of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, and not as part of the Defense Against Weapons of Mass Destruction Act of 1996 which comprises this chapter.

¹ See References in Text note below.

§2345. Export control programs

(a) Authority to pursue options for strengthening export control programs

The Secretary of Energy, in coordination with the Secretary of State, may pursue in the region of the former Soviet Union and other regions of concern options for accelerating programs that assist the countries in such regions in improving their domestic export control programs for materials, technologies, and expertise relevant to the construction or use of a nuclear or radiological dispersal device.

(b) Amount for activities

Of the amount authorized to be appropriated by section 3101(a)(2) ¹ for the Department of Energy for the National Nuclear Security Administration for defense nuclear nonproliferation, up to $5,000,000 may be available for carrying out this section.

(Pub. L. 107–314, div. C, title XXXI, §3159, Dec. 2, 2002, 116 Stat. 2741.)

Editorial Notes

References in Text

Section 3101(a)(2), referred to in subsec. (b), is section 3101(a)(2) of Pub. L. 107–314, div. C, title XXXI, Dec. 2, 2002, 116 Stat. 2729, which is not classified to the Code.

Codification

Section was enacted as part of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, and not as part of the Defense Against Weapons of Mass Destruction Act of 1996 which comprises this chapter.

¹ See References in Text note below.

SUBCHAPTER IV—COORDINATION OF POLICY AND COUNTERMEASURES AGAINST PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

§2351. National coordinator on nonproliferation

(a) Designation of position

The President shall designate an individual to serve in the Executive Office of the President as the National Coordinator for Nonproliferation Matters.

(b) Duties

The Coordinator, under the direction of the National Security Council, shall advise and assist the President by—

(1) advising the President on nonproliferation of weapons of mass destruction, including issues related to terrorism, arms control, and international organized crime;

(2) chairing the Committee on Nonproliferation of the National Security Council; and

(3) taking such actions as are necessary to ensure that there is appropriate emphasis in, cooperation on, and coordination of, nonproliferation research efforts of the United States, including activities of Federal agencies as well as activities of contractors funded by the Federal Government.

(c) Allocation of funds

Of the total amount authorized to be appropriated under section 301,¹ $2,000,000 is available to the Department of Defense for carrying out research referred to in subsection (b)(3).

(Pub. L. 104–201, div. A, title XIV, §1441, Sept. 23, 1996, 110 Stat. 2727; Pub. L. 105–261, div. A, title X, §1069(c)(2), Oct. 17, 1998, 112 Stat. 2136.)

Editorial Notes

References in Text

Section 301, referred to in subsec. (c), is section 301 of Pub. L. 104–201, div. A, title III, Sept. 23, 1996, 110 Stat. 2475, which is not classified to the Code.

Amendments

1998—Subsec. (b)(2). Pub. L. 105–261 substituted "of the National Security Council" for "established under section 1342".

Statutory Notes and Related Subsidiaries

Commission To Assess Organization of Federal Government To Combat Proliferation of Weapons of Mass Destruction

Pub. L. 104–293, title VII, subtitle A, Oct. 11, 1996, 110 Stat. 3470, as amended by Pub. L. 105–277, div. A, §101(f) [title VII, §708], Oct. 21, 1998, 112 Stat. 2681–337, 2681-390, established the Commission to Assess the Organization of the Federal Government to Combat the Proliferation of Weapons of Mass Destruction, directed the Commission to carry out a thorough study of the organization of the Federal Government, including the elements of the intelligence community, with respect to combatting the proliferation of weapons of mass destruction and, not later than 18 months after Jan. 18, 1998, to submit to Congress a report containing a detailed statement of its findings and conclusions, and provided that the Commission terminate 60 days after the date on which it submitted such report.

¹ See References in Text note below.

§2352. National Security Council Committee on Nonproliferation

(a) Establishment

The Committee on Nonproliferation (in this section referred to as the "Committee") is established as a committee of the National Security Council.

(b) Membership

(1) The Committee shall be composed of representatives of the following:

(A) The Secretary of State.

(B) The Secretary of Defense.

(C) The Director of Central Intelligence.

(D) The Attorney General.

(E) The Secretary of Energy.

(F) The Administrator of the Federal Emergency Management Agency.

(G) The Secretary of the Treasury.

(H) The Secretary of Commerce.

(I) Such other members as the President may designate.

(2) The National Coordinator for Nonproliferation Matters shall chair the Committee on Nonproliferation.

(c) Responsibilities

The Committee has the following responsibilities:

(1) To review and coordinate Federal programs, policies, and directives relating to the proliferation of weapons of mass destruction and related materials and technologies, including matters relating to terrorism and international organized crime.

(2) To make recommendations through the National Security Council to the President regarding the following:

(A) Integrated national policies for countering the threats posed by weapons of mass destruction.

(B) Options for integrating Federal agency budgets for countering such threats.

(C) Means to ensure that Federal, State, and local governments have adequate capabilities to manage crises involving nuclear, radiological, biological, or chemical weapons or related materials or technologies, and to manage the consequences of a use of such weapon or related materials or technologies, and that use of those capabilities is coordinated.

(D) Means to ensure appropriate cooperation on, and coordination of, the following:

(i) Preventing the smuggling of weapons of mass destruction and related materials and technologies.

(ii) Promoting domestic and international law enforcement efforts against proliferation-related efforts.

(iii) Countering the involvement of organized crime groups in proliferation-related activities.

(iv) Safeguarding weapons of mass destruction materials and related technologies.

(v) Improving coordination and cooperation among intelligence activities, law enforcement, and the Departments of Defense, State, Commerce, and Energy in support of nonproliferation and counterproliferation efforts.

(vi) Improving export controls over materials and technologies that can contribute to the acquisition of weapons of mass destruction.

(vii) Reducing proliferation of weapons of mass destruction and related materials and technologies.

(Pub. L. 104–201, div. A, title XIV, §1442, Sept. 23, 1996, 110 Stat. 2727.)

Statutory Notes and Related Subsidiaries

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 3001 of this title.

Transfer of Functions

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.

For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§2353. Comprehensive preparedness program

(a) Program required

The President, acting through the Committee on Nonproliferation established under section 2352 of this title, shall develop a comprehensive program for carrying out this chapter.

(b) Content of program

The program set forth in the report shall include specific plans as follows:

(1) Plans for countering proliferation of weapons of mass destruction and related materials and technologies.

(2) Plans for training and equipping Federal, State, and local officials for managing a crisis involving a use or threatened use of a weapon of mass destruction, including the consequences of the use of such a weapon.

(3) Plans for providing for regular sharing of information among intelligence, law enforcement, and customs agencies.

(4) Plans for training and equipping law enforcement units, customs services, and border security personnel to counter the smuggling of weapons of mass destruction and related materials and technologies.

(5) Plans for establishing appropriate centers for analyzing seized nuclear, radiological, biological, and chemical weapons, and related materials and technologies.

(6) Plans for establishing in the United States appropriate legal controls and authorities relating to the exporting of nuclear, radiological, biological, and chemical weapons, and related materials and technologies.

(7) Plans for encouraging and assisting governments of foreign countries to implement and enforce laws that set forth appropriate penalties for offenses regarding the smuggling of weapons of mass destruction and related materials and technologies.

(8) Plans for building the confidence of the United States and Russia in each other's controls over United States and Russian nuclear weapons and fissile materials, including plans for verifying the dismantlement of nuclear weapons.

(9) Plans for reducing United States and Russian stockpiles of excess plutonium, reflecting—

(A) consideration of the desirability and feasibility of a United States-Russian agreement governing fissile material disposition and the specific technologies and approaches to be used for disposition of excess plutonium; and

(B) an assessment of the options for United States cooperation with Russia in the disposition of Russian plutonium.

(10) Plans for studying the merits and costs of establishing a global network of means for detecting and responding to terroristic or other criminal use of biological agents against people or other forms of life in the United States or any foreign country.

(c) Report

(1) At the same time that the President submits the budget for fiscal year 1998 to Congress pursuant to section 1105(a) of title 31, the President shall submit to Congress a report that sets forth the comprehensive program developed under subsection (a).

(2) The report shall include the following:

(A) The specific plans for the program that are required under subsection (b).

(B) Estimates of the funds necessary, by agency or department, for carrying out such plans in fiscal year 1998 and the following five fiscal years.

(3) The report shall be in an unclassified form. If there is a classified version of the report, the President shall submit the classified version at the same time.

(Pub. L. 104–201, div. A, title XIV, §1443, Sept. 23, 1996, 110 Stat. 2728.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original "this title", meaning title XIV of div. A of Pub. L. 104–201, Sept. 23, 1996, 110 Stat. 2714, which is classified principally to this chapter. For complete classification of title XIV to the Code, see Short Title note set out under section 2301 of this title and Tables.

§2354. Termination

After September 30, 1999, the President—

(1) is not required to maintain a National Coordinator for Nonproliferation Matters under section 2351 of this title; and

(2) may terminate the Committee on Nonproliferation established under section 2352 of this title.

(Pub. L. 104–201, div. A, title XIV, §1444, Sept. 23, 1996, 110 Stat. 2730; Pub. L. 105–261, div. A, title X, §1069(c)(3), Oct. 17, 1998, 112 Stat. 2136.)

Editorial Notes

Amendments

1998—Pub. L. 105–261 made technical amendments to references in original act which appear in par. (1) as reference to section 2351 of this title and in par. (2) as reference to section 2352 of this title.

SUBCHAPTER IV–A—NONPROLIFERATION ASSISTANCE COORDINATION

Editorial Notes

Codification

Subchapter was enacted as part of the Nonproliferation Assistance Coordination Act of 2002, and also as part of the Security Assistance Act of 2002 and the Foreign Relations Authorization Act, Fiscal Year 2003, and not as part of the Defense Against Weapons of Mass Destruction Act of 1996 which comprises this chapter.

§2357. Findings

Congress finds that—

(1) United States nonproliferation efforts in the independent states of the former Soviet Union have achieved important results in ensuring that weapons of mass destruction, weapons-usable material and technology, and weapons-related knowledge remain beyond the reach of terrorists and weapons-proliferating states;

(2) although these efforts are in the United States national security interest, the effectiveness of these efforts has suffered from a lack of coordination within and among United States Government agencies;

(3) increased spending and investment by the United States private sector on nonproliferation efforts in the independent states of the former Soviet Union, specifically, spending and investment by the United States private sector in job creation initiatives and proposals for unemployed Russian Federation weapons scientists and technicians, are making an important contribution in ensuring that knowledge related to weapons of mass destruction remains beyond the reach of terrorists and weapons-proliferating states; and

(4) increased spending and investment by the United States private sector on nonproliferation efforts in the independent states of the former Soviet Union make advisable the establishment of a coordinating body to ensure that United States public and private efforts are not in conflict, and to ensure that public spending on efforts by the independent states of the former Soviet Union is maximized to ensure efficiency and further United States national security interests.

(Pub. L. 107–228, div. B, title XIII, §1332, Sept. 30, 2002, 116 Stat. 1448.)

Statutory Notes and Related Subsidiaries

Short Title

For short title of subtitle C (§§1331–1339) of title XIII of div. B of Pub. L. 107–228, which enacted this subchapter, as the "Nonproliferation Assistance Coordination Act of 2002", see section 1331 of Pub. L. 107–228, set out as a note under section 2301 of this title.

§2357a. Definitions

(a) Independent states of the former Soviet Union

In this subchapter, the term "independent states of the former Soviet Union" has the meaning given the term in section 5801 of title 22.

(b) Appropriate committees of Congress

In this subchapter, the term "the appropriate committees of Congress" means the Committees on Foreign Relations, Armed Services, and Appropriations of the Senate and the Committees on International Relations, Armed Services, and Appropriations of the House of Representatives.

(Pub. L. 107–228, div. B, title XIII, §1333, Sept. 30, 2002, 116 Stat. 1449.)

Statutory Notes and Related Subsidiaries

Change of Name

Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§2357b. Establishment of Committee on Nonproliferation Assistance

(a) In general

The President shall establish a mechanism to coordinate, with the maximum possible effectiveness and efficiency, the efforts of United States Government departments and agencies engaged in formulating policy and carrying out programs for achieving nonproliferation and threat reduction.

(b) Membership

The coordination mechanism established pursuant to subsection (a) shall include—

(1) representatives designated by—

(A) the Secretary of State;

(B) the Secretary of Defense;

(C) the Secretary of Energy;

(D) the Secretary of Commerce;

(E) the Attorney General; and

(F) the Director of the Office of Homeland Security, or the head of a successor department or agency; and

(2) such other executive branch officials as the President may select.

(c) Level of representation

To the maximum extent possible, each department ¹ or agency's representative designated pursuant to subsection (b)(1) shall be an official of that department or agency who has been appointed by the President with the advice and consent of the Senate.

(d) Chair

The President shall designate an official to direct the coordination mechanism established pursuant to subsection (a). The official so designated may invite the head of any other department or agency of the United States to designate a representative of that department or agency to participate from time to time in the activities of the Committee.

(Pub. L. 107–228, div. B, title XIII, §1334, Sept. 30, 2002, 116 Stat. 1449.)

Statutory Notes and Related Subsidiaries

Russian Federation Debt Reduction for Nonproliferation

Pub. L. 107–228, div. B, title XIII, subtitle B, Sept. 30, 2002, 116 Stat. 1442, as amended by Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 112–74, div. I, title VII, §7034(n), Dec. 23, 2011, 125 Stat. 1217, provided that:

"SEC. 1311. SHORT TITLE.

"This subtitle may be cited as the 'Russian Federation Debt for Nonproliferation Act of 2002'.

"SEC. 1312. FINDINGS AND PURPOSES.

"(a) Findings.—Congress finds the following:

"(1) It is in the vital security interests of the United States to prevent the spread of weapons of mass destruction to additional states or to terrorist organizations, and to ensure that other nations' obligations to modify their stockpiles of such arms in accordance with treaties, executive agreements, or political commitments are fulfilled.

"(2) In particular, it is in the vital national security interests of the United States to ensure that—

"(A) all stocks of nuclear weapons and weapons-usable nuclear material in the Russian Federation are secure and accounted for;

"(B) stocks of nuclear weapons and weapons-usable nuclear material that are excess to military needs in the Russian Federation are monitored and reduced;

"(C) any chemical or biological weapons, related materials, and facilities in the Russian Federation are destroyed;

"(D) the Russian Federation's nuclear weapons complex is reduced to a size appropriate to its post-Cold War missions, and its experts in weapons of mass destruction technologies are shifted to gainful and sustainable civilian employment;

"(E) the Russian Federation's export control system blocks any proliferation of weapons of mass destruction, the means of delivering such weapons, and materials, equipment, know-how, or technology that would be used to develop, produce, or deliver such weapons; and

"(F) these objectives are accomplished with sufficient monitoring and transparency to provide confidence that they have in fact been accomplished and that the funds provided to accomplish these objectives have been spent efficiently and effectively.

"(3) United States programs should be designed to accomplish these vital objectives in the Russian Federation as rapidly as possible, and the President should develop and present to Congress a plan for doing so.

"(4) Substantial progress has been made in United States-Russian Federation cooperative programs to achieve these objectives, but much more remains to be done to reduce the urgent risks to United States national security posed by the current state of the Russian Federation's weapons of mass destruction stockpiles and complexes.

"(5) The threats posed by inadequate management of weapons of mass destruction stockpiles and complexes in the Russian Federation remain urgent. Incidents in years immediately preceding 2001, which have been cited by the Russia Task Force of the Secretary of Energy Advisory Board, include—

"(A) a conspiracy at one of the Russian Federation's largest nuclear weapons facilities to steal nearly enough highly enriched uranium for a nuclear bomb;

"(B) an attempt by an employee of the Russian Federation's premier nuclear weapons facility to sell nuclear weapons designs to agents of Iraq and Afghanistan; and

"(C) the theft of radioactive material from a Russian Federation submarine base.

"(6) Addressing these threats to United States and world security will ultimately consume billions of dollars, a burden that will have to be shared by the Russian Federation, the United States, and other governments, if these threats are to be neutralized.

"(7) The creation of new funding streams could accelerate progress in reducing these threats to United States security and help the government of the Russian Federation to fulfill its responsibility for secure management of its weapons stockpiles and complexes as United States assistance phases out.

"(8) The Russian Federation has a significant foreign debt, a substantial proportion of which it inherited from the Soviet Union.

"(9) Past debt-for-environment exchanges, in which a portion of a country's foreign debt is canceled in return for certain environmental commitments or payments by that country, suggest that a debt-for-nonproliferation exchange with the Russian Federation could be designed to provide additional funding for nonproliferation and arms reduction initiatives.

"(10) Most of the Russian Federation's official bilateral debt is held by United States allies that are advanced industrial democracies. Since the issues described pose threats to United States allies as well, United States leadership that results in a larger contribution from United States allies to cooperative threat reduction activities will be needed.

"(11) At the June 2002 meeting of the G–8 countries, agreement was achieved on a G–8 Global Partnership against the Spread of Weapons and Materials of Mass Destruction, under which the advanced industrial democracies committed to contribute $20,000,000,000 to nonproliferation programs in the Russian Federation during a 10-year period, with each contributing country having the option to fund some or all of its contribution through reduction in the Russian Federation's official debt to that country.

"(12) The Russian Federation's Soviet-era official debt to the United States is estimated to be $480,000,000 in Lend-Lease debt and $2,250,000,000 in debt as a result of credits extended under title I of the Agricultural Trade Development and Assistance Act of 1954 [now Food for Peace Act] (7 U.S.C. 1701 et seq.).

"(b) Purposes.—The purposes of this subtitle are—

"(1) to facilitate the accomplishment of the United States objectives described in the findings set forth in subsection (a) by providing for the use of a portion of the Russian Federation's foreign debt to fund nonproliferation programs, thus allowing the use of additional resources for these purposes; and

"(2) to help ensure that the resources made available to the Russian Federation are targeted to the accomplishment of the United States objectives described in the findings set forth in subsection (a).

"SEC. 1313. DEFINITIONS.

"In this subtitle:

"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(A) the Committee on International Relations [now Committee on Foreign Affairs] and the Committee on Appropriations of the House of Representatives; and

"(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

"(2) Cost.—The term 'cost' has the meaning given that term in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)).

"(3) Russian federation nonproliferation investment agreement or agreement.—The term 'Russian Federation Nonproliferation Investment Agreement' or 'Agreement' means the agreement between the United States and the Russian Federation entered into under section 1315(a).

"(4) Soviet-era debt.—The term 'Soviet-era debt' means debt owed as a result of loans or credits provided by the United States (or any agency of the United States) to the Union of Soviet Socialist Republics under the Lend Lease Act of 1941 [former 22 U.S.C. 411 et seq.] or the Commodity Credit Corporation Charter Act [15 U.S.C. 714 et seq.].

"(5) State sponsor of international terrorism.—The term 'state sponsor of international terrorism' means those countries that have been determined by the Secretary of State, for the purposes of section 40 of the Arms Export Control Act [22 U.S.C. 2780], section 620A of the Foreign Assistance Act of 1961 [22 U.S.C. 2371], or [former] section 6(j) of the Export Administration Act of 1979 [former 50 U.S.C. 4605(j)], to have repeatedly provided support for acts of international terrorism.

"SEC. 1314. AUTHORITY TO REDUCE THE RUSSIAN FEDERATION'S SOVIET-ERA DEBT OBLIGATIONS TO THE UNITED STATES.

"(a) Authority To Reduce Debt.—

"(1) In general.—Upon the entry into force of a Russian Federation Nonproliferation Investment Agreement, the President may reduce amounts of Soviet-era debt owed by the Russian Federation to the United States (or any agency or instrumentality of the United States) that are outstanding as of the last day of the fiscal year preceding the fiscal year for which appropriations are available for the reduction of debt, in accordance with this subtitle.

"(2) Limitation.—The authority provided by paragraph (1) shall be available only to the extent that appropriations for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 [2 U.S.C. 661a(5)]) of reducing any debt pursuant to such subsection are made in advance.

"(3) Supersedes existing law.—The authority provided by paragraph (1) may be exercised notwithstanding section 620(r) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(r)) or section 321 of the International Development and Food Assistance Act of 1975 [Pub. L. 94–161, set out as a note under section 2220a of Title 22, Foreign Relations and Intercourse].

"(b) Implementation.—

"(1) Delegation of authority.—The President may delegate any authority conferred upon the President in this subtitle to the Secretary of State.

"(2) Establishment of terms and conditions.—Consistent with this subtitle, the President shall establish the terms and conditions under which loans and credits may be reduced pursuant to subsection (a).

"(3) Implementation.—In exercising the authority of subsection (a), the President—

"(A) shall notify—

"(i) the Department of State, with respect to obligations of the former Soviet Union under the Lend Lease Act of 1941 [former 22 U.S.C. 411 et seq.]; and

"(ii) the Commodity Credit Corporation, with respect to obligations of the former Soviet Union under the Commodity Credit Corporation Act [15 U.S.C. 713a et seq.];

"(B) shall direct the cancellation of old obligations and the substitution of new obligations consistent with the Russian Federation Nonproliferation Investment Agreement; and

"(C) shall direct the appropriate agency to make an adjustment in the relevant accounts to reflect the new debt treatment.

"(4) Deposit of repayments.—All repayments of outstanding loan amounts under subsection (a) that are not designated under a Russian Federation Nonproliferation Investment Agreement shall be deposited in the United States Government accounts established for repayments of the original obligations.

"(5) Not treated as foreign assistance.—Any reduction of Soviet-era debt pursuant to this subtitle shall not be considered assistance for the purposes of any provision of law limiting assistance to a country.

"(c) Authorization of Appropriation.—

"(1) In general.—For the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 [2 U.S.C. 661a(5)]) of modifying any Soviet-era debt obligation pursuant to subsection (a), there are authorized to be appropriated to the President such sums as may be necessary.

"(2) Availability of funds.—Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended.

"SEC. 1315. RUSSIAN FEDERATION NONPROLIFERATION INVESTMENT AGREEMENT.

"(a) In General.—

"(1) In general.—The President is authorized to enter into an agreement with the Russian Federation under which an amount equal to the value of the debt reduced pursuant to section 1314 will be used to promote the nonproliferation of weapons of mass destruction and the means of delivering such weapons. An agreement entered into under this section may be referred to as the 'Russian Federation Nonproliferation Investment Agreement'.

"(2) Congressional notification.—The President shall notify the appropriate congressional committees at least 15 days in advance of the United States entering into a Russian Federation Nonproliferation Investment Agreement.

"(b) Content of the Agreement.—The Russian Federation Nonproliferation Investment Agreement shall ensure that—

"(1) an amount equal to the value of the debt reduced pursuant to this subtitle will be made available by the Russian Federation for agreed nonproliferation programs and projects;

"(2) each program or project funded pursuant to the Agreement will be approved by the President;

"(3) the administration and oversight of nonproliferation programs and projects will incorporate best practices from established threat reduction and nonproliferation assistance programs;

"(4) each program or project funded pursuant to the Agreement will be subject to monitoring and audits conducted by or for the United States Government to confirm that agreed funds are expended on agreed projects and meet agreed targets and benchmarks;

"(5) unobligated funds for investments pursuant to the Agreement will not be diverted to other purposes;

"(6) funds allocated to programs and projects pursuant to the Agreement will not be subject to any taxation by the Russian Federation;

"(7) all matters relating to the intellectual property rights and legal liabilities of United States firms in any project will be agreed upon before the expenditure of funds would be authorized for that project; and

"(8) not less than 75 percent of the funds made available for each nonproliferation program or project under the Agreement will be spent in the Russian Federation.

"(c) Use of Existing Mechanisms.—It is the sense of Congress that, to the extent practicable, the boards and administrative mechanisms of existing threat reduction and nonproliferation programs should be used in the administration and oversight of programs and projects under the Agreement.

"(d) Joint Auditing.—It is the sense of Congress that the United States and the Russian Federation should consider commissioning the United States Government Accountability Office and the Russian Chamber of Accounts to conduct joint audits to ensure that the funds saved by the Russian Federation as a result of any debt reduction are used exclusively, efficiently, and effectively to implement agreed programs or projects pursuant to the Agreement.

"(e) Structure of the Agreement.—It is the sense of Congress that the Agreement should provide for significant penalties—

"(1) if funds obligated for approved programs or projects are determined to have been misappropriated; and

"(2) if the President is unable to make the certification required by section 1317(a) for two consecutive years.

"SEC. 1316. INDEPENDENT MEDIA AND THE RULE OF LAW.

"Notwithstanding section 1315 (a)(1) and (b)(1), up to 10 percent of the amount equal to the value of the debt reduced pursuant to this subtitle may be used to promote a vibrant, independent media sector and the rule of law in the Russian Federation through an endowment to support the establishment of a 'Center for an Independent Press and the Rule of Law' in the Russian Federation, which shall be directed by a joint United States-Russian Board of Directors in which the majority of members, including the chairman, shall be United States personnel, and which shall be responsible for management of the endowment, its funds, and the Center's programs.

"SEC. 1317. RESTRICTION ON DEBT REDUCTION AUTHORITY.

"(a) Proliferation to State Sponsors of Terrorism.—Subject to the provisions of subsection (c), the debt reduction authority provided by section 1314 may not be exercised unless and until the President certifies to the appropriate congressional committees that the Russian Federation has made material progress in stemming the flow of sensitive goods, technologies, material, and know-how related to the design, development, and production of weapons of mass destruction and the means to deliver them to state sponsors of international terrorism.

"(b) Annual Determination.—If, in any annual report to Congress submitted pursuant to [former] section 1321, the President cannot certify that the Russian Federation continues to meet the condition required in subsection (a), then, subject to the provisions of subsection (c), the debt reduction authority provided by section 1314 may not be exercised unless and until such certification is made to the appropriate congressional committees.

"(c) Presidential Waiver.—The President may waive the requirements of subsection (a) or (b) for a fiscal year if the President—

"(1) determines that application of the subsection for a fiscal year would be counter to the national interest of the United States; and

"(2) so reports to the appropriate congressional committees.

"SEC. 1318. DISCUSSION OF RUSSIAN FEDERATION DEBT REDUCTION FOR NONPROLIFERATION WITH OTHER CREDITOR STATES.

"It is the sense of Congress that the President and such other appropriate officials as the President may designate should pursue discussions with other creditor states with the objectives of—

"(1) ensuring that other advanced industrial democracies, especially the largest holders of Soviet-era Russian debt, dedicate significant proportions of their bilateral official debt with the Russian Federation or equivalent amounts of direct assistance to the G–8 Global Partnership against the Spread of Weapons and Materials of Mass Destruction, as agreed upon in the Statement by G–8 Leaders on June 27, 2002; and

"(2) reaching agreement, as appropriate, to establish a unified Russian Federation official debt reduction fund to manage and provide financial transparency for the resources provided by creditor states through debt reductions.

"SEC. 1319. IMPLEMENTATION OF UNITED STATES POLICY.

"It is the sense of Congress that implementation of debt-for-nonproliferation programs with the Russian Federation should be overseen by the coordinating mechanism established pursuant to section 1334 of this Act [50 U.S.C. 2357b].

"SEC. 1320. CONSULTATIONS WITH CONGRESS.

"The President shall consult with the appropriate congressional committees on a periodic basis to review the implementation of this subtitle and the Russian Federation's eligibility for debt reduction pursuant to this subtitle.

"[SEC. 1321. Repealed. Pub. L. 112–74, div. I, title VII, §7034(n), Dec. 23, 2011, 125 Stat. 1217.]"

¹ So in original. Probably should be "department's".

§2357c. Purposes and authority

(a) Purposes

(1) In general

The primary purpose of the coordination mechanism established pursuant to section 2357b of this title should be—

(A) to exercise continuing responsibility for coordinating worldwide United States nonproliferation and threat reduction efforts to ensure that they effectively implement United States policy; and

(B) to enhance the ability of participating departments and agencies to anticipate growing nonproliferation areas of concern.

(2) Program monitoring and coordination

The coordination mechanism established pursuant to section 2357b of this title should have primary continuing responsibility within the executive branch of the Government for—

(A) United States nonproliferation and threat reduction efforts, and particularly such efforts in the independent states of the former Soviet Union; and

(B) coordinating the implementation of United States policy with respect to such efforts.

(b) Authority

In carrying out the responsibilities described in subsection (a), the coordination mechanism established pursuant to section 2357b of this title should have, at a minimum, the authority to—

(1) establish such subcommittees and working groups as it deems necessary;

(2) direct the preparation of analyses on issues and problems relating to coordination within and among United States departments and agencies on nonproliferation and threat reduction efforts;

(3) direct the preparation of analyses on issues and problems relating to coordination between the United States public and private sectors on nonproliferation and threat reduction efforts, including coordination between public and private spending on nonproliferation and threat reduction programs and coordination between public spending and private investment in defense conversion activities of the independent states of the former Soviet Union;

(4) provide guidance on arrangements that will coordinate, deconflict, and maximize the utility of United States public spending on nonproliferation and threat reduction programs, and particularly such efforts in the independent states of the former Soviet Union;

(5) encourage companies and nongovernmental organizations involved in nonproliferation efforts of the independent states of the former Soviet Union or other countries of concern to voluntarily report these efforts to it;

(6) direct the preparation of analyses on issues and problems relating to the coordination between the United States and other countries with respect to nonproliferation efforts, and particularly such efforts in the independent states of the former Soviet Union; and

(7) consider, and make recommendations to the President with respect to, proposals for such new legislation or regulations relating to United States nonproliferation efforts as may be necessary.

(Pub. L. 107–228, div. B, title XIII, §1335, Sept. 30, 2002, 116 Stat. 1450.)

§2357d. Administrative support

All United States departments and agencies shall provide, to the extent permitted by law, such information and assistance as may be requested by the coordination mechanism established pursuant to section 2357b of this title, in carrying out its functions and activities under this subchapter.

(Pub. L. 107–228, div. B, title XIII, §1336, Sept. 30, 2002, 116 Stat. 1451.)

§2357e. Confidentiality of information

Information which has been submitted to or received by the coordination mechanism established pursuant to section 2357b of this title in confidence shall not be publicly disclosed, except to the extent required by law, and such information shall be used by it only for the purpose of carrying out the functions set forth in this subchapter.

(Pub. L. 107–228, div. B, title XIII, §1337, Sept. 30, 2002, 116 Stat. 1451.)

§2357f. Statutory construction

Nothing in this subchapter—

(1) applies to the data-gathering, regulatory, or enforcement authority of any existing United States department or agency over nonproliferation efforts in the independent states of the former Soviet Union, and the review of those efforts undertaken by the coordination mechanism established pursuant to section 2357b of this title shall not in any way supersede or prejudice any other process provided by law; or

(2) applies to any activity that is reportable pursuant to title V of the National Security Act of 1947 [50 U.S.C. 3091 et seq.].

(Pub. L. 107–228, div. B, title XIII, §1338, Sept. 30, 2002, 116 Stat. 1451.)

Editorial Notes

References in Text

The National Security Act of 1947, referred to in par. (2), is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chapter 15 (§401 et seq.) of this title, prior to editorial reclassification in chapter 44 (§3001 et seq.) of this title. Title V of the Act is now classified generally to subchapter III (§3091 et seq.) of chapter 44 of this title. For complete classification of this Act to the Code, see Tables.

§2357g. Reporting and consultation

(a) Presidential report

Not later than 120 days after each inauguration of a President, the President shall submit a report to the Congress on his general and specific nonproliferation and threat reduction objectives and how the efforts of executive branch agencies will be coordinated most effectively, pursuant to section 2357b of this title, to achieve those objectives.

(b) Consultation

The President should consult with and brief, from time to time, the appropriate committees of Congress regarding the efficacy of the coordination mechanism established pursuant to section 2357b of this title in achieving its stated objectives.

(Pub. L. 107–228, div. B, title XIII, §1339, Sept. 30, 2002, 116 Stat. 1451.)

SUBCHAPTER V—MISCELLANEOUS

§2361. Sense of Congress concerning contracting policy

It is the sense of Congress that the Secretary of Defense, the Secretary of Energy, the Secretary of the Treasury, and the Secretary of State, to the extent authorized by law, should—

(1) contract directly with suppliers in independent states of the former Soviet Union when such action would—

(A) result in significant savings of the programs referred to in subchapter III; and

(B) substantially expedite completion of the programs referred to in subchapter III; and

(2) seek means to use innovative contracting approaches to avoid delay and increase the effectiveness of such programs and of the exercise of such authorities.

(Pub. L. 104–201, div. A, title XIV, §1451, Sept. 23, 1996, 110 Stat. 2730.)

§2362. Transfers of allocations among cooperative threat reduction programs

Congress finds that—

(1) the various Cooperative Threat Reduction programs are being carried out at different rates in the various countries covered by such programs; and

(2) it is necessary to authorize transfers of funding allocations among the various programs in order to maximize the effectiveness of United States efforts under such programs.

(Pub. L. 104–201, div. A, title XIV, §1452, Sept. 23, 1996, 110 Stat. 2730.)

Statutory Notes and Related Subsidiaries

Specification of Cooperative Threat Reduction Programs

Pub. L. 104–201, div. A, title XV, §1501, Sept. 23, 1996, 110 Stat. 2731, as amended by Pub. L. 105–261, div. A, title XIII, §1301(a)(2), Oct. 17, 1998, 112 Stat. 2161; Pub. L. 110–181, div. A, title XIII, §1303, Jan. 28, 2008, 122 Stat. 412, specified Cooperative Threat Reduction programs for purposes of Pub. L. 104–201, prior to repeal by Pub. L. 113–291, div. A, title XIII, §1351(5), Dec. 19, 2014, 128 Stat. 3607.

§2363. Sense of Congress concerning assistance to states of former Soviet Union

It is the sense of Congress that—

(1) the Cooperative Threat Reduction programs and other United States programs authorized in title XIV of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 22 U.S.C. 5901 et seq.) should be expanded by offering assistance under those programs to other independent states of the former Soviet Union in addition to Russia, Ukraine, Kazakstan, and Belarus; and

(2) the President should offer assistance to additional independent states of the former Soviet Union in each case in which the participation of such states would benefit national security interests of the United States by improving border controls and safeguards over materials and technology associated with weapons of mass destruction.

(Pub. L. 104–201, div. A, title XIV, §1453, Sept. 23, 1996, 110 Stat. 2730; Pub. L. 105–261, div. A, title X, §1069(c)(4), Oct. 17, 1998, 112 Stat. 2136.)

Editorial Notes

References in Text

Title XIV of the National Defense Authorization Act for Fiscal Year 1993, referred to in par. (1), is title XIV of div. A of Pub. L. 102–484, Oct. 23, 1992, 106 Stat. 2563, known as the Former Soviet Union Demilitarization Act of 1992, which is classified generally to chapter 68 (§5901 et seq.) of Title 22, Foreign Relations and Intercourse.

Amendments

1998—Par. (1). Pub. L. 105–261 substituted "title XIV of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 22 U.S.C. 5901 et seq.)" for "the National Defense Authorization Act for Fiscal Years 1993 and 1994".

§2364. Purchase of low-enriched uranium derived from Russian highly enriched uranium

(a) Sense of Congress

It is the sense of Congress that the allies of the United States and other nations should participate in efforts to ensure that stockpiles of weapons-grade nuclear material are reduced.

(b) Actions by Secretary of State

Congress urges the Secretary of State to encourage, in consultation with the Secretary of Energy, other countries to purchase low-enriched uranium that is derived from highly enriched uranium extracted from Russian nuclear weapons.

(Pub. L. 104–201, div. A, title XIV, §1454, Sept. 23, 1996, 110 Stat. 2730.)

§2365. Sense of Congress concerning purchase, packaging, and transportation of fissile materials at risk of theft

It is the sense of Congress that—

(1) the Secretary of Defense, the Secretary of Energy, the Secretary of the Treasury, and the Secretary of State should purchase, package, and transport to secure locations weapons-grade nuclear materials from a stockpile of such materials if such officials determine that—

(A) there is a significant risk of theft of such materials; and

(B) there is no reasonable and economically feasible alternative for securing such materials; and

(2) if it is necessary to do so in order to secure the materials, the materials should be imported into the United States, subject to the laws and regulations that are applicable to the importation of such materials into the United States.

(Pub. L. 104–201, div. A, title XIV, §1455, Sept. 23, 1996, 110 Stat. 2731.)

§2366. Repealed. Pub. L. 112–239, div. A, title X, §1065(c), Jan. 2, 2013, 126 Stat. 1943, and Pub. L. 112–277, title III, §310(a)(1), Jan. 14, 2013, 126 Stat. 2474

Section, Pub. L. 104–293, title VII, §721, Oct. 11, 1996, 110 Stat. 3474; Pub. L. 107–306, title VIII, §811(b)(5)(C), Nov. 27, 2002, 116 Stat. 2424; Pub. L. 108–177, title III, §361(k), Dec. 13, 2003, 117 Stat. 2626, required annual reports on acquisition of technology relating to weapons of mass destruction and advanced conventional munitions.

§2367. Reports on acquisition of technology relating to weapons of mass destruction and the threat posed by weapons of mass destruction, ballistic missiles, and cruise missiles

(a) Annual report

Not later than January 30 of each year, the Secretary of Defense, in consultation with the Director of National Intelligence, shall submit to the appropriate congressional committees a report on the following:

(1) The threats posed to the United States and allies of the United States—

(A) by weapons of mass destruction, ballistic missiles, and cruise missiles; and

(B) by the proliferation of weapons of mass destruction, ballistic missiles, and cruise missiles.

(2) The acquisition by foreign countries during the preceding 12 months of dual-use and other technology useful for the development or production of weapons of mass destruction (including nuclear weapons, chemical weapons, and biological weapons) and advanced conventional munitions.

(3) Any trends with respect to the acquisition described in paragraph (2).

(b) Matters included

Each report submitted under subsection (a) shall include the following:

(1) Identification of each foreign country and non-State organization that possesses weapons of mass destruction, ballistic missiles, or cruise missiles, and a description of such weapons and missiles with respect to each such foreign country and non-State organization.

(2) A description of the means by which any foreign country and non-State organization that has achieved, or is making progress toward achieving, capability with respect to weapons of mass destruction, ballistic missiles, or cruise missiles has achieved, or is making progress toward achieving, that capability, including a description of the international network of foreign countries and private entities that provide assistance to foreign countries and non-State organizations in achieving that capability.

(3) An examination of the doctrines that guide the use of weapons of mass destruction in each foreign country that possesses such weapons.

(4) An examination of the existence and implementation of the control mechanisms that exist with respect to nuclear weapons in each foreign country that possesses such weapons.

(5) Identification of each foreign country and non-State organization that seeks to acquire or develop (indigenously or with foreign assistance) weapons of mass destruction, ballistic missiles, or cruise missiles, and a description of such weapons and missiles with respect to each such foreign country and non-State organization.

(6) An assessment of various possible timelines for the achievement by foreign countries and non-State organizations of capability with respect to weapons of mass destruction, ballistic missiles, and cruise missiles, taking into account the probability of whether foreign countries that are a party to the Missile Technology Control Regime will comply with and enforce the regime, the potential availability of assistance from foreign technical specialists, and the potential for independent sales by foreign private entities without authorization from their national governments.

(7) For each foreign country or non-State organization that has not achieved the capability to target the United States or its territories with weapons of mass destruction, ballistic missiles, or cruise missiles as of January 2, 2013, an estimate of how far in advance the United States is likely to be warned before such foreign country or non-State organization achieves that capability.

(8) For each foreign country or non-State organization that has not achieved the capability to target members of the Armed Forces of the United States deployed abroad with weapons of mass destruction, ballistic missiles, or cruise missiles as of January 2, 2013, an estimate of how far in advance the United States is likely to be warned before such foreign country or non-State organization achieves that capability.

(c) Classification

Each report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

(d) Appropriate congressional committees defined

In this section, the term "appropriate congressional committees" means the following:

(1) The congressional defense committees.

(2) The congressional intelligence committees (as defined in section 3003 of this title).

(3) The Speaker and the minority leader of the House of Representatives and the majority leader and the minority leader of the Senate.

(Pub. L. 105–85, div. A, title II, §234, Nov. 18, 1997, 111 Stat. 1664; Pub. L. 112–239, div. A, title X, §1065(a), Jan. 2, 2013, 126 Stat. 1941.)

Editorial Notes

Codification

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1998, and not as part of the Defense Against Weapons of Mass Destruction Act of 1996 which comprises this chapter.

Amendments

2013—Pub. L. 112–239 amended section generally. Prior to amendment, section related to annual report on threat posed to United States by weapons of mass destruction, ballistic missiles, and cruise missiles.

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective Dec. 31, 2021, of provisions of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of Title 10, Armed Forces.

Development of Strategy on Risks to Nonproliferation Caused by Additive Manufacturing

Pub. L. 114–92, div. C, title XXXI, §3139, Nov. 25, 2015, 129 Stat. 1215, as amended by Pub. L. 114–328, div. C, title XXXI, §3137(d), Dec. 23, 2016, 130 Stat. 2772, provided that:

"(a) Strategy.—The President shall develop and pursue a strategy to address the risks to the goals and policies of the United States regarding nuclear nonproliferation that are caused by the increased use of additive manufacture technology (commonly referred to as '3D printing'), including such technology that does not originate in the United States.

"(b) Briefings.—

"(1) In general.—Not later than March 31, 2016, and annually thereafter through 2019, the President shall provide to the appropriate congressional committees a briefing on the strategy developed under subsection (a).

"(2) Interim briefings.—In addition to the briefings required by paragraph (1), the President shall provide to the appropriate congressional committees a notification or briefing if there is a development in additive manufacture technology, or increased use of additive manufacture technology, that could pose an increased risk to the United States from nuclear proliferation.

"(c) Pursuit of Strategy.—The President shall pursue the strategy developed under subsection (a) at the Nuclear Security Summit in Chicago, Illinois, in 2016.

"(d) Appropriate Congressional Committees Defined.—In this section, the term 'appropriate congressional committees' means the following:

"(1) The congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives].

"(2) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

"(3) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate."

[Memorandum of President of the United States, Mar. 18, 2016, 81 F.R. 15419, delegated to the Director of National Intelligence and the Under Secretary for Nuclear Security the functions and authorities vested in the President by section 3139(a) and (b) of Pub. L. 114–92, set out above.]

Report on Iran's Capability To Produce Nuclear Weapons

Pub. L. 110–417, [div. A], title XII, §1234, Oct. 14, 2008, 122 Stat. 4640, provided that:

"(a) Report Required.—Not later than 180 days after the date of the enactment of this Act [Oct. 14, 2008], and annually thereafter, the Director of National Intelligence shall submit to Congress a report on Iran's capability to produce nuclear weapons. The report required under this subsection may be submitted in classified form.

"(b) Matters to Be Included.—The report required under subsection (a) shall include the following:

"(1) The locations, types, and number of centrifuges and other specialized equipment necessary for the enrichment of uranium and any plans to acquire, manufacture, and operate such equipment in the future.

"(2) An estimate of the amount, if any, of highly enriched uranium and weapons grade plutonium acquired or produced to date, an estimate of the amount of weapons grade plutonium that is likely to be produced or acquired in the near- and midterms and the amount of highly enriched uranium that is likely to be produced or acquired in the near- and midterms, and the number of nuclear weapons that could be produced with such materials.

"(3) A evaluation of the extent to which security and safeguards at any nuclear site prevent, slow, verify, or help monitor the enrichment of uranium or the reprocessing of plutonium into weapons-grade materials.

"(4) A description of any weaponization activities, such as the research, design, development, or testing of nuclear weapons or weapons-related components.

"(5) A description of any programs to construct, acquire, test, or improve methods to deliver nuclear weapons, including an assessment of the likely progress of such programs in the near- and mid-terms.

"(6) A summary of assessments made by allies of the United States of Iran's nuclear weapons program and nuclear-capable delivery systems programs.

"(c) Notification.—The President shall notify Congress, in writing, within 15 days of determining that—

"(1) Iran has resumed a nuclear weapons program;

"(2) Iran has met or surpassed any major milestone in its nuclear weapons program; or

"(3) Iran has undertaken to accelerate, decelerate, or cease the development of any significant element within its nuclear weapons program."

"Congressional Defense Committees" Defined

Congressional defense committees means the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on National Security and the Committee on Appropriations of the House of Representatives, see section 3 of Pub. L. 105–85, 111 Stat. 1645. See note under section 101 of Title 10, Armed Forces.

§2368. Annual reports on the proliferation of missiles and essential components of nuclear, biological, chemical, and radiological weapons

(a) Report

Not later than March 1, 2003, and annually thereafter, the President shall transmit to the designated congressional committees an annual report on the transfer by any country of weapons, technology, components, or materials that can be used to deliver, manufacture (including research and experimentation), or weaponize nuclear, biological, chemical or radiological weapons (in this section referred to as "NBC weapons") to any country other than a country referred to in subsection (d) that is seeking to possess or otherwise acquire such weapons, technology, or materials, or other system that the Secretary or the Secretary of Defense has reason to believe could be used to develop, acquire, or deliver NBC weapons.

(b) Matters to be included

Each such report shall include—

(1) the transfer of all aircraft, cruise missiles, artillery weapons, unguided rockets and multiple rocket systems, and related bombs, shells, warheads and other weaponization technology and materials that the Secretary or the Secretary of Defense has reason to believe may be intended for the delivery of NBC weapons;

(2) international transfers of MTCR equipment or technology to any country that is seeking to acquire such equipment or any other system that the Secretary or the Secretary of Defense has reason to believe may be used to deliver NBC weapons; and

(3) the transfer of technology, test equipment, radioactive materials, feedstocks and cultures, and all other specialized materials that the Secretary or the Secretary of Defense has reason to believe could be used to manufacture NBC weapons.

(c) Content of report

Each such report shall include the following with respect to preceding ¹ calendar year:

(1) The status of missile, aircraft, and other NBC weapons delivery and weaponization programs in any such country, including efforts by such country or by any subnational group to acquire MTCR-controlled equipment, NBC-capable aircraft, or any other weapon or major weapon component which may be utilized in the delivery of NBC weapons, whose primary use is the delivery of NBC weapons, or that the Secretary or the Secretary of Defense has reason to believe could be used to deliver NBC weapons.

(2) The status of NBC weapons development, acquisition, manufacture, stockpiling, and deployment programs in any such country, including efforts by such country or by any subnational group to acquire essential test equipment, manufacturing equipment and technology, weaponization equipment and technology, and radioactive material, feedstocks or components of feedstocks, and biological cultures and toxins.

(3) A description of assistance provided by any person or government, after September 30, 2002, to any such country or subnational group in the acquisition or development of—

(A) NBC weapons;

(B) missile systems, as defined in the MTCR or that the Secretary or the Secretary of Defense has reason to believe may be used to deliver NBC weapons; and

(C) aircraft and other delivery systems and weapons that the Secretary or the Secretary of Defense has reason to believe could be used to deliver NBC weapons.

(4) A listing of those persons and countries that continue to provide such equipment or technology described in paragraph (3) to any country or subnational group as of the date of submission of the report, including the extent to which foreign persons and countries were found to have knowingly and materially assisted such programs.

(5) A description of the use of, or substantial preparations to use, the equipment of technology described in paragraph (3) by any foreign country or subnational group.

(6) A description of the diplomatic measures that the United States, and that other adherents to the MTCR and other arrangements affecting the acquisition and delivery of NBC weapons, have made with respect to activities and private persons and governments suspected of violating the MTCR and such other arrangements.

(7) An analysis of the effectiveness of the regulatory and enforcement regimes of the United States and other countries that adhere to the MTCR and other arrangements affecting the acquisition and delivery of NBC weapons in controlling the export of MTCR and other NBC weapons and delivery system equipment or technology.

(8) A summary of advisory opinions issued under section 4612(b)(4) of this title and under section 2797b(d) of title 22.

(9) An explanation of United States policy regarding the transfer of MTCR equipment or technology to foreign missile programs, including programs involving launches of space vehicles.

(10) A description of each transfer by any person or government during the preceding 12-month period which is subject to sanctions under the Iran-Iraq Arms Non-Proliferation Act of 1992 (title XVI of Public Law 102–484).

(d) Exclusions

The countries excluded under subsection (a) are Australia, Belgium, Canada, the Czech Republic, Denmark, France, Germany, Greece, Hungary, Iceland, Italy, Japan, Luxembourg, the Netherlands, New Zealand, Norway, Poland, Portugal, Spain, Turkey, the United Kingdom, and the United States.

(e) Classification of report

The Secretary shall make every effort to submit all of the information required by this section in unclassified form. Whenever the Secretary submits any such information in classified form, the Secretary shall submit such classified information in an addendum and shall also submit concurrently a detailed summary, in unclassified form, of that classified information.

(f) Definitions

In this section:

(1) Designated congressional committees

The term "designated congressional committees" means—

(A) the Committee on Appropriations, the Committee on Armed Services, and the Committee on International Relations of the House of Representatives; and

(B) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate.

(2) Missile; MTCR; MTCR equipment or technology

The terms "missile", "MTCR", and "MTCR equipment or technology" have the meanings given those terms in section 2797c of title 22.

(3) Person

The term "person" means any United States or foreign individual, partnership, corporation, or other form of association, or any of its successor entities, parents, or subsidiaries.

(4) Weaponize; weaponization

The term "weaponize" or "weaponization" means to incorporate into, or the incorporation into, usable ordnance or other militarily useful means of delivery.

(Pub. L. 107–228, div. B, title XIII, §1308, Sept. 30, 2002, 116 Stat. 1439.)

Editorial Notes

References in Text

The Iran-Iraq Arms Non-Proliferation Act of 1992, referred to in subsec. (c)(10), is title XVI of div. A of Pub. L. 102–484, Oct. 23, 1992, 106 Stat. 2571, which is set out as a note under section 1701 of this title.

Codification

Section is comprised of section 1308 of Pub. L. 107–228. Subsec. (g) of section 1308 of Pub. L. 107–228 repealed section 5606 of Title 22, Foreign Relations and Intercourse, amended provisions set out as notes under section 1701 of this title and section 2656 of Title 22, and repealed provisions set out as a note under section 2751 of Title 22.

Section was enacted as part of the Security Assistance Act of 2002, and also as part of the Foreign Relations Authorization Act, Fiscal Year 2003, and not as part of the Defense Against Weapons of Mass Destruction Act of 1996 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

Definitions

For definition of "Secretary" as used in this section, see section 3 of Pub. L. 107–228, set out as a note under section 2651 of Title 22, Foreign Relations and Intercourse.

Executive Documents

Delegation of Functions

For delegation of congressional reporting functions of President under subsec. (a) of this section, see section 1 of Ex. Ord. No. 13313, July 31, 2003, 68 F.R. 46073, set out as a note under section 301 of Title 3, The President.

¹ So in original. Probably should be preceded by "the".

§2369. Repealed. Pub. L. 111–84, div. A, title X, §1055(f), Oct. 28, 2009, 123 Stat. 2462, as amended by Pub. L. 111–383, div. A, title X, §1075(d)(13), Jan. 7, 2011, 124 Stat. 4373

Section, Pub. L. 104–293, title VII, §722, as added Pub. L. 107–314, div. A, title XII, §1209(a), Dec. 2, 2002, 116 Stat. 2668, related to semiannual report on contributions of foreign persons to weapons of mass destruction and delivery systems efforts of countries of proliferation concern.

§2370. Notification of Committees on Armed Services with respect to certain nonproliferation and proliferation activities

(a) Notification with respect to nonproliferation activities

The Secretary of Defense, the Secretary of Energy, the Secretary of Commerce, the Secretary of State, and the Nuclear Regulatory Commission shall keep the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives informed with respect to—

(1) any activities undertaken by any such Secretary or the Commission to carry out the purposes and policies of the Secretaries and the Commission with respect to nonproliferation programs; and

(2) any other activities undertaken by any such Secretary or the Commission to prevent the proliferation of nuclear, chemical, or biological weapons or the means of delivery of such weapons.

(b) Notification with respect to proliferation activities in foreign nations

(1) In general

The Director of National Intelligence shall keep the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives fully and currently informed with respect to any activities of foreign nations that are significant with respect to the proliferation of nuclear, chemical, or biological weapons or the means of delivery of such weapons.

(2) Fully and currently informed defined

For purposes of paragraph (1), the term "fully and currently informed" means the transmittal of credible information with respect to an activity described in such paragraph not later than 60 days after becoming aware of the activity.

(Pub. L. 110–417, [div. A], title X, §1062, Oct. 14, 2008, 122 Stat. 4614.)

Editorial Notes

Codification

Section was enacted as part of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, and not as part of the Defense Against Weapons of Mass Destruction Act of 1996 which comprises this chapter.

§2371. Repealed. Pub. L. 114–113, div. M, title VII, §701(d), Dec. 18, 2015, 129 Stat. 2930

Section, Pub. L. 111–84, div. A, title X, §1055, Oct. 28, 2009, 123 Stat. 2461; Pub. L. 111–383, div. A, title X, §1075(d)(13), Jan. 7, 2011, 124 Stat. 4373; Pub. L. 112–81, div. A, title X, §1071, Dec. 31, 2011, 125 Stat. 1592, related to report on nuclear aspirations of non-state entities, nuclear weapons and related programs in non-nuclear-weapons states and countries not parties to the Nuclear Non-Proliferation Treaty, and certain foreign persons.

CHAPTER 41—NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER I—ESTABLISHMENT AND ORGANIZATION

        

SUBCHAPTER II—MATTERS RELATING TO SECURITY

        

SUBCHAPTER III—MATTERS RELATING TO PERSONNEL

        

SUBCHAPTER IV—BUDGET AND FINANCIAL MANAGEMENT

        

SUBCHAPTER V—MISCELLANEOUS PROVISIONS

        

SUBCHAPTER VI—DEFINITIONS

        

SUBCHAPTER VII—TRANSITION PROVISIONS

        

SUBCHAPTER I—ESTABLISHMENT AND ORGANIZATION

§2401. Establishment and mission

(a) Establishment

There is established within the Department of Energy a separately organized agency to be known as the National Nuclear Security Administration (in this chapter referred to as the "Administration").

(b) Mission

The mission of the Administration shall be the following:

(1) To enhance United States national security through the military application of nuclear energy.

(2) To support the deterrence of strategic attacks against the United States by maintaining and enhancing the performance, reliability, security, and safety of the United States nuclear weapons stockpile, including the ability to design, produce, and test nuclear weapons as necessary in order to meet national security requirements.

(3) To provide the United States Navy with safe, militarily effective nuclear propulsion plants and to ensure the safe and reliable operation of those plants.

(4) To promote international nuclear safety and nonproliferation.

(5) To reduce global danger from weapons of mass destruction.

(6) To support United States leadership in science and technology.

(c) Operations and activities to be carried out consistently with certain principles

In carrying out the mission of the Administration, the Administrator shall ensure that all operations and activities of the Administration are consistent with the principles of—

(1) fulfilling, to the maximum extent possible, the requirements for nuclear weapons of the Department of Defense;

(2) protecting the environment;

(3) safeguarding the safety and health of the public and of the workforce of the Administration; and

(4) ensuring the security of the nuclear weapons, nuclear material, and classified information in the custody of the Administration.

(Pub. L. 106–65, div. C, title XXXII, §3211, Oct. 5, 1999, 113 Stat. 957; Pub. L. 113–66, div. C, title XXXI, §3111, Dec. 26, 2013, 127 Stat. 1049; Pub. L. 118–159, div. C, title XXXI, §3111(a)(1), Dec. 23, 2024, 138 Stat. 2293.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original "this title", meaning title XXXII of div. C of Pub. L. 106–65, Oct. 5, 1999, 113 Stat. 953, which is classified principally to this chapter. For complete classification of title XXXII to the Code, see Short Title note set out below and Tables.

Amendments

2024—Subsec. (b)(2). Pub. L. 118–159, §3111(a)(1)(A), added par. (2) and struck out former par. (2) which read as follows: "To maintain and enhance the safety, reliability, and performance of the United States nuclear weapons stockpile, including the ability to design, produce, and test, in order to meet national security requirements."

Subsec. (c)(1) to (4). Pub. L. 118–159, §3111(a)(1)(B), added par. (1) and redesignated former pars. (1) to (3) as (2) to (4), respectively.

2013—Subsec. (c). Pub. L. 113–66 amended subsec. (c) generally. Prior to amendment, text read as follows: "In carrying out the mission of the Administration, the Administrator shall ensure that all operations and activities of the Administration are consistent with the principles of protecting the environment and safeguarding the safety and health of the public and of the workforce of the Administration."

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 106–65, div. C, title XXXII, §3299, Oct. 5, 1999, 113 Stat. 971, provided that:

"(a) In General.—Except as provided in subsection (b), the provisions of this title [see Short Title note below] shall take effect on March 1, 2000.

"(b) Exceptions.—(1) Sections 3202, 3204, 3251, 3295, and 3297 [enacting section 2451 and former section 2483 of this title and sections 7144a to 7144c of Title 42, The Public Health and Welfare, amending section 7132 of Title 42, and enacting provisions set out as a note below] shall take effect on the date of the enactment of this Act [Oct. 5, 1999].

"(2) Sections 3234 and 3235 [enacting sections 2424 and 2425 of this title] shall take effect on the date of the enactment of this Act. During the period beginning on the date of the enactment of this Act and ending on the effective date of this title, the Secretary of Energy shall carry out those sections and any reference in those sections to the Administrator and the Administration shall be treated as references to the Secretary and the Department of Energy, respectively."

Short Title

Pub. L. 106–65, div. C, title XXXII, §3201, Oct. 5, 1999, 113 Stat. 953, provided that: "This title [enacting this chapter and sections 7144 to 7144c of Title 42, The Public Health and Welfare, amending sections 5314, 5315, 5595, and 8905a of Title 5, Government Organization and Employees, and sections 7132, 7133, and 7158 of Title 42, repealing sections 2122a, 7143, and 7271b of Title 42, enacting provisions set out as notes under this section, and amending provisions set out as a note under section 435 of this title] may be cited as the 'National Nuclear Security Administration Act'."

Preparation of Infrastructure Plan for the Nuclear Weapons Complex

Pub. L. 107–107, div. B, title XXX, §3008, Dec. 28, 2001, 115 Stat. 1352, provided that:

"(a) Infrastructure Plan for Nuclear Weapons Complex.—

"(1) Preparation and submission.—Not later than the date on which the budget for the Department of Energy for fiscal year 2004 is submitted to Congress, the Secretary of Energy shall submit to Congress an infrastructure plan for the nuclear weapons complex adequate to support the nuclear weapons stockpile, the naval reactors program, and nonproliferation and national security activities.

"(2) Special considerations.—In preparing the infrastructure plan, the Secretary shall take into consideration the following:

"(A) The Department of Defense Nuclear Posture Review required pursuant to section 1041 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–262 [former 10 U.S.C. 118 note]).

"(B) Any efficiencies and security benefits of consolidation of facilities of the nuclear weapons complex.

"(C) The necessity to have a residual production capability.

"(b) Recommendations Regarding Realignments and Closures.—On the basis of the infrastructure plan prepared under subsection (a), the Secretary shall make such recommendations regarding the need to close or realign facilities of the nuclear weapons complex as the Secretary considers appropriate, including the Secretary's recommendations on whether to establish a process by which a round of closures and realignments would be carried out and any additional legislative authority necessary to implement the recommendations. The Secretary shall submit the recommendations as part of the infrastructure plan under subsection (a).

"(c) Definitions.—In this section:

"(1) The terms 'Secretary' and 'Secretary of Energy' mean the Secretary of Energy, acting after consideration of the recommendations of the Administrator for Nuclear Security.

"(2) The term 'nuclear weapons complex' means the national security laboratories and nuclear weapons production facilities (as such terms are defined in section 3281 of the National Nuclear Security Administration Act (50 U.S.C. 2471)) and the facilities of the Naval Nuclear Propulsion Program provided for under the Naval Nuclear Propulsion Executive Order (as such term is defined in section 3216 of such Act (50 U.S.C. 2406))."

Study and Report Related to Improving Mission Effectiveness, Partnerships, and Technology Transfer at National Security Laboratories and Nuclear Weapons Production Facilities

Pub. L. 106–398, §1 [div. C, title XXXI, §3163], Oct. 30, 2000, 114 Stat. 1654, 1654A-473, provided that:

"(a) Study and Report Required.—The Secretary of Energy shall direct the Secretary of Energy Advisory Board to study and to submit to the Secretary not later than one year after the date of the enactment of this Act [Oct. 30, 2000] a report regarding the following topics:

"(1) The advantages and disadvantages of providing the Administrator for Nuclear Security with authority, notwithstanding the limitations otherwise imposed by the Federal Acquisition Regulation, to enter into transactions with public agencies, private organizations, or individuals on terms the Administrator considers appropriate to the furtherance of basic, applied, and advanced research functions. The Advisory Board shall consider, in its assessment of this authority, the management history of the Department of Energy and the effect of this authority on the National Nuclear Security Administration's use of contractors to operate the national security laboratories.

"(2) The advantages and disadvantages of establishing and implementing policies and procedures to facilitate the transfer of scientific, technical, and professional personnel among national security laboratories and nuclear weapons production facilities.

"(3) The advantages and disadvantages of making changes in—

"(A) the indemnification requirements for patents or other intellectual property licensed from a national security laboratory or nuclear weapons production facility;

"(B) the royalty and fee schedules and types of compensation that may be used for patents or other intellectual property licensed to a small business concern from a national security laboratory or nuclear weapons production facility;

"(C) the licensing procedures and requirements for patents and other intellectual property;

"(D) the rights given to a small business concern that has licensed a patent or other intellectual property from a national security laboratory or nuclear weapons production facility to bring suit against third parties infringing such intellectual property;

"(E) the advance funding requirements for a small business concern funding a project at a national security laboratory or nuclear weapons production facility through a funds-in agreement;

"(F) the intellectual property rights allocated to a business when it is funding a project at a national security laboratory or nuclear weapons production facility through a funds-in agreement; and

"(G) policies on royalty payments to inventors employed by a contractor operating a national security laboratory or nuclear weapons production facility, including those for inventions made under a funds-in agreement.

"(b) Definition of Funds-In Agreement.—For the purposes of this section, the term 'funds-in agreement' means a contract between the Department and a non-Federal organization under which that organization pays the Department to provide a service or material not otherwise available in the domestic private sector.

"(c) Submission to Congress.—Not later than one month after receiving the report under subsection (a), the Secretary shall submit to Congress that report, along with the Secretary's recommendations for action and proposals for legislation to implement the recommendations."

Definitions for Purposes of Pub. L. 106–398

Pub. L. 106–398, §1 [div. C, title XXXI, §3165], Oct. 30, 2000, 114 Stat. 1654, 1654A-475, provided that: "For purposes of this subtitle [subtitle E (§§3161–3165) of title XXXI of div. C of H.R. 5408, as enacted by section 1 of Pub. L. 106–398, enacting provisions set out as notes under this section and section 2402 of this title], the terms 'national security laboratory' and 'nuclear weapons production facility' have the meanings given such terms in section 3281 of the National Nuclear Security Administration Act (title XXXII of Public Law 106–65; 113 Stat. 968; 50 U.S.C. 2471)."

Report Containing Implementation Plan of Secretary of Energy

Pub. L. 106–65, div. C, title XXXII, §3297, Oct. 5, 1999, 113 Stat. 971, which provided that not later than January 1, 2000, the Secretary of Energy was to submit to the Armed Services committees a report containing the Secretary's plan for the implementation of the provisions of this title, was repealed by Pub. L. 112–239, div. C, title XXXI, §3132(c)(1)(D), Jan. 2, 2013, 126 Stat. 2187.

Classification in United States Code

Pub. L. 106–65, div. C, title XXXII, §3298, Oct. 5, 1999, 113 Stat. 971, provided that: "Subtitles A through F of this title [§§3211–3281, enacting this chapter and amending sections 5595 and 8905a of Title 5, Government Organization and Employees] (other than provisions of those subtitles amending existing provisions of law) shall be classified to the United States Code as a new chapter of title 50, United States Code."

§2402. Administrator for Nuclear Security

(a) In general

(1) There is at the head of the Administration an Administrator for Nuclear Security (in this chapter referred to as the "Administrator").

(2) Pursuant to subsection (c) of section 7132 of title 42, the Under Secretary for Nuclear Security of the Department of Energy serves as the Administrator.

(b) Functions

The Administrator has authority over, and is responsible for, all programs and activities of the Administration (except for the functions of the Deputy Administrator for Naval Reactors specified in the Executive order referred to in section 2406(b) of this title), including the following:

(1) Strategic management.

(2) Policy development and guidance.

(3) Budget formulation, guidance, and execution, and other financial matters.

(4) Resource requirements determination and allocation.

(5) Program management and direction.

(6) Safeguards and security.

(7) Emergency management and Nuclear Emergency Support Team capabilities, including all field-deployed and remote technical support to public health and safety missions, countering weapons of mass destruction operations, technical and operational nuclear forensics, and responses to United States nuclear weapon accidents.

(8) Integrated safety management.

(9) Environment, safety, and health operations.

(10) Administration of contracts, including the management and operations of the nuclear weapons production facilities and the national security laboratories.

(11) Intelligence.

(12) Counterintelligence.

(13) Personnel, including the selection, appointment, distribution, supervision, establishing of compensation, and separation of personnel in accordance with subchapter III of this chapter.

(14) Procurement of services of experts and consultants in accordance with section 3109 of title 5.

(15) Legal matters.

(16) Legislative affairs.

(17) Public affairs.

(18) Eliminating inventories of surplus fissile materials usable for nuclear weapons.

(19) Liaison with other elements of the Department of Energy and with other Federal agencies, State, tribal, and local governments, and the public.

(20) Information resources management, including cybersecurity.

(c) Procurement authority

The Administrator is the senior procurement executive for the Administration for the purposes of section 1702(c) of title 41.

(d) Policy authority

The Administrator may establish Administration-specific policies, unless disapproved by the Secretary of Energy.

(e) Membership on Nuclear Weapons Council

The Administrator serves as a member of the Nuclear Weapons Council under section 179 of title 10.

(f) Reorganization authority

Except as provided by subsections (b) and (c) of section 2481 of this title:

(1) The Administrator may establish, abolish, alter, consolidate, or discontinue any organizational unit or component of the Administration, or transfer any function of the Administration.

(2) Such authority does not apply to the abolition of organizational units or components established by law or the transfer of functions vested by law in any organizational unit or component.

(Pub. L. 106–65, div. C, title XXXII, §3212, Oct. 5, 1999, 113 Stat. 957; Pub. L. 106–398, §1 [div. C, title XXXI, §§3152(b), 3159(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-464, 1654A-469; Pub. L. 107–107, div. A, title X, §1048(i)(12), Dec. 28, 2001, 115 Stat. 1230; Pub. L. 108–375, div. A, title IX, §902(e), Oct. 28, 2004, 118 Stat. 2025; Pub. L. 110–417, div. C, title XXXI, §3111, Oct. 14, 2008, 122 Stat. 4753; Pub. L. 112–239, div. C, title XXXI, §3132(d)(1), Jan. 2, 2013, 126 Stat. 2187; Pub. L. 113–66, div. C, title XXXI, §3145(a), Dec. 26, 2013, 127 Stat. 1071; Pub. L. 118–31, div. C, title XXXI, §§3111(1), 3112(b), Dec. 22, 2023, 137 Stat. 788.)

Editorial Notes

Amendments

2023—Subsec. (b)(7). Pub. L. 118–31, §3112(b), inserted "and Nuclear Emergency Support Team capabilities, including all field-deployed and remote technical support to public health and safety missions, countering weapons of mass destruction operations, technical and operational nuclear forensics, and responses to United States nuclear weapon accidents" after "management".

Subsec. (b)(20). Pub. L. 118–31, §3111(1), added par. (20).

2013—Subsec. (a)(2). Pub. L. 112–239 made technical amendment to reference in original act which appears in text as reference to section 7132 of title 42.

Subsec. (c). Pub. L. 113–66 substituted "section 1702(c) of title 41" for "section 414(3) of title 41".

2008—Subsec. (b)(18), (19). Pub. L. 110–417 added par. (18) and redesignated former par. (18) as (19).

2004—Subsec. (e). Pub. L. 108–375 struck out "Joint" before "Nuclear" in heading and text.

2001—Subsecs. (e), (f). Pub. L. 107–107 redesignated subsec. (e), relating to reorganization authority, as (f).

2000—Subsec. (e). Pub. L. 106–398, §1 [div. C, title XXXI, §3159(a)], added subsec. (e) relating to reorganization authority.

Pub. L. 106–398, §1 [div. C, title XXXI, §3152(b)], added subsec. (e) relating to membership on Joint Nuclear Weapons Council.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

Infrastructure Modernization Initiative

Pub. L. 115–91, div. C, title XXXI, §3111(b), Dec. 12, 2017, 131 Stat. 1881, as amended by Pub. L. 117–81, div. C, title XXXI, §3116, Dec. 27, 2021, 135 Stat. 2227, provided that:

"(1) Establishment.—Not later than 30 days after the date of the enactment of this Act [Dec. 12, 2017], the Administrator for Nuclear Security shall establish and carry out a program, to be known as the 'Infrastructure Modernization Initiative', to reduce the backlog of deferred maintenance and repair needs of the nuclear security enterprise (as defined in section 4002(6) of the Atomic Energy Defense Act (50 U.S.C. 2501(6))). In carrying out that program, the Administrator shall establish and execute infrastructure modernization milestones that reduce the total deferred maintenance per replacement plant value of the nuclear security enterprise by not less than 45 percent by 2030.

"(2) Authorities.—

"(A) Process.—

"(i) In general.—The Secretary of Energy shall provide to the Administrator a process that will enhance or streamline the ability of the Administrator to carry out the program under paragraph (1) in an efficient and effective manner, including with respect to—

"(I) the demolition or construction of non-nuclear facilities of the Administration that have a total estimated project cost of less than $100,000,000; and

"(II) the decontamination, decommissioning, and demolition (to be performed in accordance with applicable health and safety standards used by the Defense Environmental Cleanup Program) of process-contaminated facilities of the Administration that have a total estimated project cost of less than $75,000,000.

"(ii) Funding.—Clause (i) may be carried out using amounts authorized to be appropriated for fiscal year 2018 or any subsequent fiscal year.

"(B) Application of certain requirements.—For purposes of the Management Procedures Memorandum 2015–01 of the Office of Management and Budget, or a successor memorandum, in carrying out the program under paragraph (1), the Administrator may—

"(i) perform new construction during a fiscal year that differs from the fiscal year of corresponding facility demolition;

"(ii) perform demolition of different facility category codes and have that demolition credit count towards the construction of new facilities with a different facility category code; and

"(iii) have the net reduction in infrastructure footprint for the five fiscal years prior to the date of the enactment of this Act [Dec. 12, 2017], and the demolition during the five fiscal years following such date of enactment, considered as a factor for the purpose of meeting the intent of such memorandum.

"(3) Plan required.—Not later than March 1, 2022, the Administrator shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan to carry out the program under paragraph (1) to achieve the goal specified in such paragraph. Such plan shall include—

"(A) the funding required to carry out the program during the period covered by the future-years nuclear security program under section 3253 of the National Nuclear Security Administration Act (50 U.S.C. 2453);

"(B) the criteria for selecting and prioritizing projects within the program under paragraph (1);

"(C) mechanisms for ensuring the robust management and oversight of such projects;

"(D) a description of the process provided to the Administrator to carry out the program pursuant to paragraph (2)(A); and

"(E) a description of any legislative actions the Administrator recommends to further enhance or streamline authorities or processes relating to the program.

"(4) Reassessment.—Not later than February 1, 2023, the Administrator shall reassess the program under paragraph (1) and, as appropriate, develop and establish goals for the program beyond 2030.

"(5) Annual reports.—Not later than March 1, 2023, and annually thereafter through 2030, the Administrator for Nuclear Security shall submit to the congressional defense committees a report with respect to whether the updated plan under paragraph (3) is being implemented in a manner adequate to achieve the goal specified in paragraph (1)."

Technology Infrastructure Pilot Program

Pub. L. 106–398, §1 [div. C, title XXXI, §3161], Oct. 30, 2000, 114 Stat. 1654, 1654A-470, provided that:

"(a) Establishment.—The Administrator for Nuclear Security shall establish a Technology Infrastructure Pilot Program in accordance with this section.

"(b) Purpose.—The purpose of the program shall be to explore new methods of collaboration and improvements in the management and effectiveness of collaborative programs carried out by the national security laboratories and nuclear weapons production facilities in partnership with private industry and institutions of higher education and to improve the ability of those laboratories and facilities to support missions of the Administration.

"(c) Funding.—(1) Except as provided in paragraph (2), funding shall be available for the pilot program only to the extent of specific authorizations and appropriations enacted after the date of the enactment of this Act [Oct. 30, 2000].

"(2) From amounts available in fiscal years 2001 and 2002 for technology partnership programs of the Administration, the Administrator may allocate to carry out the pilot program not more than $5,000,000.

"(d) Project Requirements.—A project may not be approved for the pilot program unless the project meets the following requirements:

"(1) The participants in the project include—

"(A) a national security laboratory or nuclear weapons production facility; and

"(B) one or more of the following:

"(i) A business.

"(ii) An institution of higher education.

"(iii) A nonprofit institution.

"(iv) An agency of a State, local, or tribal government.

"(2)(A) Not less than 50 percent of the costs of the project are to be provided by non-Federal sources.

"(B)(i) The calculation of the amount of the costs of the project provided by non-Federal sources shall include cash, personnel, services, equipment, and other resources expended on the project.

"(ii) No funds or other resources expended before the start of the project or outside the project's scope of work may be credited toward the costs provided by non-Federal sources to the project.

"(3) The project (other than in the case of a project under which the participating laboratory or facility receives funding under this section) shall be competitively selected by that laboratory or facility using procedures determined to be appropriate by the Administrator.

"(4) No Federal funds shall be made available under this section for—

"(A) construction; or

"(B) any project for more than five years.

"(e) Selection Criteria.—(1) The projects selected for the pilot program shall—

"(A) stimulate the development of technology expertise and capabilities in private industry and institutions of higher education that can support the nuclear weapons and nuclear nonproliferation missions of the national security laboratories and nuclear weapons production facilities on a continuing basis;

"(B) improve the ability of those laboratories and facilities [to] benefit from commercial research, technology, products, processes, and services that can support the nuclear weapons and nuclear nonproliferation missions of those laboratories and facilities on a continuing basis; and

"(C) encourage the exchange of scientific and technological expertise between those laboratories and facilities and—

"(i) institutions of higher education;

"(ii) technology-related business concerns;

"(iii) nonprofit institutions; and

"(iv) agencies of State, tribal, or local governments;

that can support the missions of those laboratories and facilities.

"(2) The Administrator may authorize the provision of Federal funds for a project under this section only if the director of the laboratory or facility managing the project determines that the project is likely to improve the ability of that laboratory or facility to achieve technical success in meeting nuclear weapons and nuclear nonproliferation missions of the Administration.

"(3) The Administrator shall require the director of the laboratory or facility to consider the following criteria in selecting a project to receive Federal funds:

"(A) The potential of the project to succeed, based on its technical merit, team members, management approach, resources, and project plan.

"(B) The potential of the project to promote the development of a commercially sustainable technology, determined by considering whether the project will derive sufficient demand for its products or services from the private sector to support the nuclear weapons and nuclear nonproliferation missions of the participating laboratory or facility on a continuing basis.

"(C) The potential of the project to promote the use of commercial research, technology, products, processes, and services by the participating laboratory or facility to achieve its nuclear weapons and nuclear nonproliferation missions.

"(D) The commitment shown by non-Federal organizations to the project, based primarily on the nature and amount of the financial and other resources they will risk on the project.

"(E) The extent to which the project involves a wide variety and number of institutions of higher education, nonprofit institutions, and technology-related business concerns that can support the nuclear weapons and nuclear nonproliferation missions of the participating laboratory or facility on a continuing basis and that will make substantive contributions to achieving the goals of the project.

"(F) The extent of participation in the project by agencies of State, tribal, or local governments that will make substantive contributions to achieving the goals of the project.

"(G) The extent to which the project focuses on promoting the development of technology-related business concerns that are small business concerns or involves small business concerns substantively in the project.

"(f) Implementation Plan.—No funds may be allocated for the pilot program until 30 days after the date on which the Administrator submits to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan for the implementation of the pilot program. The plan shall, at a minimum—

"(1) identify the national security laboratories and nuclear weapons production facilities that have been designated by the Administrator to participate in the pilot program; and

"(2) with respect to each laboratory or facility identified under paragraph (1)—

"(A) identify the businesses, institutions of higher education, nonprofit institutions, and agencies of State, local, or tribal government that are expected to participate in the pilot program at that laboratory or facility;

"(B) identify the technology areas to be addressed by the pilot program at that laboratory or facility and the manner in which the pilot program will support high-priority missions of that laboratory or facility on a continuing basis; and

"(C) describe the management controls that have been put into place to ensure that the pilot program as conducted at that laboratory or facility is conducted in a cost-effective manner consistent with the objectives of the pilot program.

"(g) Report on Implementation.—(1) Not later than February 1, 2002, the Administrator shall submit to the congressional defense committees a report on the implementation and management of the pilot program. The report shall take into consideration the results of the pilot program to date and the views of the directors of the participating laboratories and facilities. The report shall include any recommendations the Administrator may have concerning the future of the pilot program.

"(2) Not later than 30 days after the date on which the Administrator submits the report required by paragraph (1), the Comptroller General shall submit to the congressional defense committees a report containing the Comptroller General's assessment of that report."

[For definitions of "national security laboratory" and "nuclear weapons production facility" as used in section 1 [div. C, title XXXI, §3161] of Pub. L. 106–398, set out above, see section 1 [div. C, title XXXI, §3165] of Pub. L. 106–398, set out as a note under section 2401 of this title.]

§2403. Principal Deputy Administrator for Nuclear Security

(a) In general

(1) There is in the Administration a Principal Deputy Administrator, who is appointed by the President, by and with the advice and consent of the Senate.

(2) The Principal Deputy Administrator shall be appointed from among persons who have extensive background in organizational management and are well qualified to manage the nuclear weapons, infrastructure construction and maintenance, nonproliferation, and materials disposition programs of the Administration in a manner that advances and protects the national security of the United States.

(b) Duties

Subject to the authority, direction, and control of the Administrator, the Principal Deputy Administrator shall perform such duties and exercise such powers as the Administrator may prescribe, including the coordination of activities among the elements of the Administration. The Principal Deputy Administrator shall act for, and exercise the powers of, the Administrator when the Administrator is disabled or the position of Administrator is vacant.

(Pub. L. 106–65, div. C, title XXXII, §3213, as added Pub. L. 107–107, div. C, title XXXI, §3141(a)(2), Dec. 28, 2001, 115 Stat. 1370; Pub. L. 118–159, div. C, title XXXI, §3111(a)(2), Dec. 23, 2024, 138 Stat. 2293.)

Editorial Notes

Prior Provisions

A prior section 2403, Pub. L. 106–65, div. C, title XXXII, §3213, Oct. 5, 1999, 113 Stat. 958; Pub. L. 106–398, §1 [div. C, title XXXI, §3157], Oct. 30, 2000, 114 Stat. 1654, 1654A-468, which related to status of Administration and contractor personnel within Department of Energy, was renumbered section 3220 of Pub. L. 106–65, by Pub. L. 107–107, div. C, title XXXI, §3141(a)(1), Dec. 28, 2001, 115 Stat. 1369, and transferred to section 2410 of this title.

Amendments

2024—Subsec. (a)(2). Pub. L. 118–159 inserted "infrastructure construction and maintenance," after "nuclear weapons,".

§2404. Deputy Administrator for Defense Programs

(a) In general

There is in the Administration a Deputy Administrator for Defense Programs, who is appointed by the President, by and with the advice and consent of the Senate.

(b) Duties

Subject to the authority, direction, and control of the Administrator, the Deputy Administrator for Defense Programs shall perform such duties and exercise such powers as the Administrator may prescribe, including the following:

(1) Supporting the deterrence of strategic attacks by maintaining and enhancing the performance, reliability, and security of the United States nuclear weapons stockpile, including the ability to design, produce, and test as necessary to meet national security requirements.

(2) Directing, managing, and overseeing the nuclear weapons production facilities and the national security laboratories.

(Pub. L. 106–65, div. C, title XXXII, §3214, Oct. 5, 1999, 113 Stat. 959; Pub. L. 107–107, div. C, title XXXI, §3142, Dec. 28, 2001, 115 Stat. 1370; Pub. L. 118–31, div. C, title XXXI, §3112(a), Dec. 22, 2023, 137 Stat. 788; Pub. L. 118–159, div. C, title XXXI, §3111(a)(3), Dec. 23, 2024, 138 Stat. 2293.)

Editorial Notes

Amendments

2024—Subsec. (b)(1). Pub. L. 118–159 added par. (1) and struck out former par. (1) which read as follows: "Maintaining and enhancing the safety, reliability, and performance of the United States nuclear weapons stockpile, including the ability to design, produce, and test, in order to meet national security requirements."

2023—Subsec. (b)(3). Pub. L. 118–31 struck out par. (3) which read as follows: "Directing, managing, and overseeing assets to respond to incidents involving nuclear weapons and materials."

2001—Subsec. (c). Pub. L. 107–107 struck out heading and text of subsec. (c). Text read as follows: "The head of each national security laboratory and nuclear weapons production facility shall, consistent with applicable contractual obligations, report to the Deputy Administrator for Defense Programs."

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

§2405. Deputy Administrator for Defense Nuclear Nonproliferation

(a) In general

There is in the Administration a Deputy Administrator for Defense Nuclear Nonproliferation, who is appointed by the President, by and with the advice and consent of the Senate.

(b) Duties

Subject to the authority, direction, and control of the Administrator, the Deputy Administrator for Defense Nuclear Nonproliferation shall perform such duties and exercise such powers as the Administrator may prescribe, including the following:

(1) Preventing the spread of materials, technology, and expertise relating to weapons of mass destruction.

(2) Detecting the proliferation of weapons of mass destruction worldwide.

(3) Eliminating inventories of surplus fissile materials usable for nuclear weapons.

(4) Providing for international nuclear safety.

(Pub. L. 106–65, div. C, title XXXII, §3215, Oct. 5, 1999, 113 Stat. 959.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

§2406. Deputy Administrator for Naval Reactors

(a) In general

(1) There is in the Administration a Deputy Administrator for Naval Reactors. The director of the Naval Nuclear Propulsion Program provided for under the Naval Nuclear Propulsion Executive Order shall serve as the Deputy Administrator for Naval Reactors.

(2) Within the Department of Energy, the Deputy Administrator shall report to the Secretary of Energy through the Administrator and shall have direct access to the Secretary and other senior officials in the Department.

(b) Duties

The Deputy Administrator shall be assigned the responsibilities, authorities, and accountability for all functions of the Office of Naval Reactors under the Naval Nuclear Propulsion Executive Order.

(c) Effect on Executive Order

Except as otherwise specified in this section and notwithstanding any other provision of this chapter, the provisions of the Naval Nuclear Propulsion Executive Order remain in full force and effect until changed by law.

(d) Naval Nuclear Propulsion Executive Order

As used in this section, the Naval Nuclear Propulsion Executive Order is Executive Order No. 12344, dated February 1, 1982 (42 U.S.C. 7158 note) ¹ (as in force pursuant to section 1634 of the Department of Defense Authorization Act, 1985 (Public Law 98–525; 42 U.S.C. 7158 note)).¹

(Pub. L. 106–65, div. C, title XXXII, §3216, Oct. 5, 1999, 113 Stat. 959.)

Editorial Notes

References in Text

Executive Order No. 12344, referred to in subsec. (d), is set out as a note under section 2511 of this title.

Section 1634 of the Department of Defense Authorization Act, 1985 (Public Law 98–525), referred to in subsec. (d), was formerly set out as a note under section 7158 of Title 42, The Public Health and Welfare, and was renumbered section 4101 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, §3141(d)(2), Nov. 24, 2003, 117 Stat. 1757. Section 4101 of Pub. L. 107–314 is classified to section 2511 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

¹ See References in Text note below.

§2407. General Counsel

There is a General Counsel of the Administration. The General Counsel is the chief legal officer of the Administration.

(Pub. L. 106–65, div. C, title XXXII, §3217, Oct. 5, 1999, 113 Stat. 960.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

§2408. Staff of Administration

(a) In general

The Administrator shall maintain within the Administration sufficient staff to assist the Administrator in carrying out the duties and responsibilities of the Administrator.

(b) Responsibilities

The staff of the Administration shall perform, in accordance with applicable law, such of the functions of the Administrator as the Administrator shall prescribe. The Administrator shall assign to the staff responsibility for the following functions:

(1) Personnel.

(2) Legislative affairs.

(3) Public affairs.

(4) Liaison with the Department of Energy's Office of Intelligence and Counterintelligence.

(5) Liaison with other elements of the Department of Energy and with other Federal agencies, State, tribal, and local governments, and the public.

(Pub. L. 106–65, div. C, title XXXII, §3218, Oct. 5, 1999, 113 Stat. 960; Pub. L. 109–364, div. C, title XXXI, §3117(e), Oct. 17, 2006, 120 Stat. 2508.)

Editorial Notes

Amendments

2006—Subsec. (b)(4), (5). Pub. L. 109–364 added par. (4) and redesignated former par. (4) as (5).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

§2409. Scope of authority of Secretary of Energy to modify organization of Administration

Notwithstanding the authority granted by section 7253 of title 42 or any other provision of law, the Secretary of Energy may not establish, abolish, alter, consolidate, or discontinue any organizational unit or component, or transfer any function, of the Administration, except as authorized by subsection (b) or (c) of section 2481 of this title.

(Pub. L. 106–65, div. C, title XXXII, §3219, as added Pub. L. 106–377, §1(a)(2) [title III, §314(a)], Oct. 27, 2000, 114 Stat. 1441, 1441A-81.)

§2410. Status of Administration and contractor personnel within Department of Energy

(a) Status of Administration personnel

Each officer or employee of the Administration—

(1) shall be responsible to and subject to the authority, direction, and control of—

(A) the Secretary acting through the Administrator and consistent with section 7132(c)(3) of title 42;

(B) the Administrator; or

(C) the Administrator's designee within the Administration; and

(2) shall not be responsible to, or subject to the authority, direction, or control of, any other officer, employee, or agent of the Department of Energy.

(b) Status of contractor personnel

Each officer or employee of a contractor of the Administration shall not be responsible to, or subject to the authority, direction, or control of, any officer, employee, or agent of the Department of Energy who is not an employee of the Administration, except for the Secretary of Energy consistent with section 7132(c)(3) of title 42.

(c) Construction of section

Subsections (a) and (b) may not be interpreted to in any way preclude or interfere with the communication of technical findings derived from, and in accord with, duly authorized activities between—

(1) the head, or any contractor employee, of a national security laboratory or of a nuclear weapons production facility; and

(2) the Department of Energy, the President, or Congress.

(d) Prohibition on dual office holding

Except in accordance with sections 2402(a)(2) and 2406(a)(1) of this title:

(1) An individual may not concurrently hold or carry out the responsibilities of—

(A) a position within the Administration; and

(B) a position within the Department of Energy not within the Administration.

(2) No funds appropriated or otherwise made available for any fiscal year may be used to pay, to an individual who concurrently holds or carries out the responsibilities of a position specified in paragraph (1)(A) and a position specified in paragraph (1)(B), the basic pay, salary, or other compensation relating to any such position.

(e) Status of intelligence and counterintelligence personnel

Notwithstanding the restrictions of subsections (a) and (b), each officer or employee of the Administration, or of a contractor of the Administration, who is carrying out activities related to intelligence or counterintelligence shall, in carrying out those activities, be subject to the authority, direction, and control of the Secretary of Energy or the Secretary's delegate.

(Pub. L. 106–65, div. C, title XXXII, §3220, formerly §3213, Oct. 5, 1999, 113 Stat. 958; Pub. L. 106–398, §1 [div. C, title XXXI, §3157], Oct. 30, 2000, 114 Stat. 1654, 1654A-468; renumbered §3220, Pub. L. 107–107, div. C, title XXXI, §3141(a)(1), Dec. 28, 2001, 115 Stat. 1370; Pub. L. 109–364, div. C, title XXXI, §3117(a)(2)(B), (d), Oct. 17, 2006, 120 Stat. 2507, 2508; Pub. L. 111–84, div. C, title XXXI, §3121, Oct. 28, 2009, 123 Stat. 2710; Pub. L. 113–66, div. C, title XXXI, §3145(b), Dec. 26, 2013, 127 Stat. 1071; Pub. L. 113–291, div. C, title XXXI, §3143(a), Dec. 19, 2014, 128 Stat. 3902.)

Editorial Notes

Codification

Section was formerly classified to section 2403 of this title.

Amendments

2014—Subsec. (c). Pub. L. 113–291 substituted "activities between—" for "activities between" before par. (1) designation and "; and" for ", and" at end of par. (1) and realigned margins of pars. (1) and (2).

2013—Subsecs. (a)(1)(A), (b). Pub. L. 113–66 made technical amendment to reference in original act which appears in text as reference to section 7132(c)(3) of title 42.

2009—Subsec. (e). Pub. L. 111–84 amended Pub. L. 109–364, §3117(a). See 2006 Amendment note below.

2006—Subsec. (e). Pub. L. 109–364, §3117(a), which, in par. (2), directed repeal of subsec. (e) effective Sept. 30, 2010, was amended generally by Pub. L. 111–84, and as so amended, no longer contains a par. (2) or amends this section.

Pub. L. 109–364, §3117(d), added subsec. (e).

2000—Subsec. (a). Pub. L. 106–398, §1 [div. C, title XXXI, §3157(1)], struck out "Administration, in carrying out any function of the" after "employee of the" in introductory provisions.

Subsec. (b). Pub. L. 106–398, §1 [div. C, title XXXI, §3157(2)], struck out ", in carrying out any function of the Administration," after "contractor of the Administration".

Subsec. (d). Pub. L. 106–398, §1 [div. C, title XXXI, §3157(3)], added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

§2411. Director for Cost Estimating and Program Evaluation

(a) Establishment

(1) There is in the Administration a Director for Cost Estimating and Program Evaluation (in this section referred to as the "Director").

(2) The position of the Director shall be a Senior Executive Service position (as defined in section 3132(a) of title 5).

(b) Duties

(1) The Director shall be the principal advisor to the Administrator, the Deputy Secretary of Energy, and the Secretary of Energy with respect to cost estimation and program evaluation for the Administration. The Director shall report directly to the Administrator.

(2) The Administrator may not delegate responsibility for receiving or acting on communications from the Director with respect to cost estimation and program evaluation for the Administration.

(c) Activities for cost estimation

(1) The Director shall be the responsible for the following activities relating to cost estimation:

(A) Advising the Administrator on policies and procedures for cost analysis and estimation by the Administration, including the determination of confidence levels with respect to cost estimates.

(B) Reviewing cost estimates and evaluating the performance baseline for each major atomic energy defense acquisition program.

(C) Advising the Administrator on policies and procedures for developing technology readiness assessments for major atomic energy defense acquisition programs that are consistent with the guidelines of the Department of Energy for technology readiness assessments.

(D) Reviewing technology readiness assessments for such programs to ensure that such programs are meeting levels of confidence associated with appropriate overall system performance.

(E) As directed by the Administrator, conducting independent cost estimates for such programs.

(2) A review, evaluation, or cost estimate conducted under subparagraph (B), (D), or (E) of paragraph (1) shall be considered an inherently governmental function, but the Director may use data collected by a national security laboratory or a management and operating contractor of the Administration in conducting such a review, evaluation, or cost estimate.

(3) The Director shall submit in writing to the Administrator the following:

(A) The certification of the Director with respect to each review, evaluation, and cost estimate conducted under subparagraph (B), (D), or (E) of paragraph (1).

(B) A statement of the confidence level of the Director with respect to each such review, evaluation, and cost estimate, including an identification of areas of uncertainty, risk, and opportunity discovered in conducting each such review, evaluation, and cost estimate.

(d) Activities for program evaluation

(1) The Director shall be responsible for the following activities relating to program evaluation:

(A) Reviewing and commenting on policies and procedures for setting requirements for the future-years nuclear security program under section 2453 of this title and for prioritizing and estimating the funding required by the Administration for that program.

(B) Reviewing the future-years nuclear security program on an annual basis to ensure that the program is accurate and thorough.

(C) Advising the Administrator on policies and procedures for analyses of alternatives for major atomic energy defense acquisition programs.

(D) As part of the planning, programming, and budgeting process of the Administration under sections 2451 and 2452 of this title, analyzing the planning phase of that process, advising on programmatic and fiscal year guidance, and managing the program review phase of that process.

(E) Developing and managing the submittal of the Selected Acquisition Reports and independent cost estimates on nuclear weapons systems undergoing major life extension under section 2537 of this title.

(F) Reviewing cost and schedule baselines for projects under section 2753 of this title and managing notifications to the congressional defense committees of cost overruns under that section.

(2) A review conducted under paragraph (1)(B) shall be considered an inherently governmental function, but the Director may use data collected by a national security laboratory or a management and operating contractor of the Administration in conducting such a review.

(3) The Director shall submit to Congress a report on any major programmatic deviations from the future-years nuclear security program discovered in conducting a review under paragraph (1)(B) at or about the time the budget of the President is submitted to Congress under section 1105(a) of title 31 for the next fiscal year.

(e) Data collection and accessibility

The Administrator, acting through the Director, shall, as appropriate, seek to use procedures, processes, and policies for collecting cost data and making that data accessible that are similar to the procedures, processes, and policies used by the Defense Cost Analysis Resource Center of the Office of Cost Assessment and Program Evaluation of the Department of Defense for those purposes.

(f) Staff

The Administrator shall ensure that the Director has sufficient numbers of personnel who have competence in technical matters, budgetary matters, cost estimation, technology readiness analysis, and other appropriate matters to carry out the functions required by this section.

(g) Reports by Director

The Director shall submit to Congress at or about the time that the budget of the President is submitted to Congress pursuant to section 1105(a) of title 31 for each of fiscal years 2015 through 2018, a report that includes the following:

(1) A description of activities conducted by the Director during the calendar year preceding the submission of the report that are related to the duties and activities described in this section.

(2) A list of all major atomic energy defense acquisition programs and a concise description of the status of each such program and project in meeting cost and critical schedule milestones.

(h) Rule of Construction

Nothing in this section shall be construed to require duplicate reviews or cost estimates for major atomic energy defense acquisition programs by the Administration or other elements of the Department of Energy.

(i) Definitions

In this section:

(1) Administration

The term "Administration", with respect to any authority, duty, or responsibility provided by this section, does not include the Office of Naval Reactors.

(2) Major atomic energy defense acquisition program

The term "major atomic energy defense acquisition program" means an atomic energy defense acquisition program of the Administration—

(A) the total project cost of which is more than $500,000,000; or

(B) the total lifetime cost of which is more than $1,000,000,000.

(3) Performance baseline

The term "performance baseline", with respect to a major atomic energy defense acquisition program, means the key parameters with respect to performance, scope, cost, and schedule for the project budget of the program.

(Pub. L. 106–65, div. C, title XXXII, §3221, as added Pub. L. 113–66, div. C, title XXXI, §3112(a)(1), Dec. 26, 2013, 127 Stat. 1050; amended Pub. L. 113–291, div. C, title XXXI, §3117, Dec. 19, 2014, 128 Stat. 3889; Pub. L. 115–232, div. C, title XXXI, §3113(a), Aug. 13, 2018, 132 Stat. 2290; Pub. L. 116–92, div. C, title XXXI, §3113(a), Dec. 20, 2019, 133 Stat. 1950.)

Editorial Notes

Amendments

2019—Subsec. (b)(1). Pub. L. 116–92 inserted "The Director shall report directly to the Administrator." at end.

2018—Subsecs. (h), (i). Pub. L. 115–232, §3113(a)(1), (2), added subsec. (h) and redesignated former subsec. (h) as (i).

Subsec. (i)(2). Pub. L. 115–232, §3113(a)(3), struck out subpar. (A) designation and heading "In general", substituted "The term" for "Except as provided in subparagraph (B), the term", redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively, realigned margins, and struck out former subpar. (B). Prior to amendment, text of subpar. (B) read as follows: "The term 'major atomic energy defense acquisition program' does not include a project covered by Department of Energy Order 413.3 (or a successor order) for the acquisition of capital assets for atomic energy defense activities."

2014—Subsec. (h)(1) to (3). Pub. L. 113–291 added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232, div. C, title XXXI, §3113(b), Aug. 13, 2018, 132 Stat. 2290, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on the date that is 18 months after the date of the enactment of this Act [Aug. 13, 2018]."

§2412. Cybersecurity Risk Inventory, Assessment, and Mitigation Working Group

(a) Establishment

There is in the Administration a working group, to be known as the "Cybersecurity Risk Inventory, Assessment, and Mitigation Working Group" (referred to in this section as the "working group").

(b) Membership

Members of the working group shall include—

(1) the Deputy Administrator for Defense Programs;

(2) the Associate Administrator for Information Management and Chief Information Officer; and

(3) such other personnel of the Administration as are determined appropriate for inclusion in the working group by the Chairperson.

(c) Chairperson

The Deputy Administrator for Defense Programs shall serve as the Chairperson of the working group, except that the Administrator may designate another member of the working group to serve as Chairperson in lieu of the Deputy Administrator if the Administrator determines it is appropriate to do so.

(d) Comprehensive strategy

The working group shall prepare a comprehensive strategy for inventorying the range of systems of the Administration that are potentially at risk in the operational technology and nuclear weapons information technology environments, assessing the systems at risk based on mission impact, and implementing risk mitigation actions. Such strategy shall incorporate key elements of effective cybersecurity risk management strategies, as identified by the Government Accountability Office, including the specification of—

(1) goals, objectives, activities, and performance measures;

(2) organizational roles, responsibilities, and coordination;

(3) resources needed to implement the strategy through 2034; and

(4) detailed milestones and schedules for completion of tasks.

(e) Submission to Congress

(1) Interim briefing

Not later than 120 days after December 22, 2023, the working group shall provide to the congressional defense committees a briefing on the plan of the working group to develop the strategy required under subsection (d).

(2) Completed strategy

Not later than April 1, 2025, the working group shall submit the congressional defense committees a copy of the completed strategy.

(f) Termination

The working group shall terminate on a date determined by the Administrator that is not earlier than the date that is five years after December 22, 2023.

(Pub. L. 106–65, div. C, title XXXII, §3222, as added Pub. L. 118–31, div. C, title XXXI, §3113, Dec. 22, 2023, 137 Stat. 789.)

SUBCHAPTER II—MATTERS RELATING TO SECURITY

§2421. Protection of national security information

(a) Policies and procedures required

The Administrator shall establish procedures to ensure the maximum protection of classified information in the possession of the Administration.

(b) Prompt reporting

The Administrator shall establish procedures to ensure prompt reporting to the Administrator of any significant problem, abuse, violation of law or Executive order, or deficiency relating to the management of classified information by personnel of the Administration.

(Pub. L. 106–65, div. C, title XXXII, §3231, Oct. 5, 1999, 113 Stat. 960.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

§2422. Office of Defense Nuclear Security

(a) Establishment

There is within the Administration an Office of Defense Nuclear Security, headed by a Chief appointed by the Secretary of Energy. The Administrator shall recommend to the Secretary suitable candidates for such position.

(b) Chief of Defense Nuclear Security

(1) The head of the Office of Defense Nuclear Security is the Chief of Defense Nuclear Security, who shall report to the Administrator and shall implement the security policies directed by the Secretary and Administrator.

(2) The Chief shall have direct access to the Secretary and all other officials of the Department and the contractors of the Department concerning security matters.

(3) The Chief shall be responsible for the development and implementation of security programs for the Administration, including the protection, control and accounting of materials, and for the physical security for all facilities of the Administration.

(Pub. L. 106–65, div. C, title XXXII, §3232, Oct. 5, 1999, 113 Stat. 960; Pub. L. 109–364, div. C, title XXXI, §3117(b)(1), Oct. 17, 2006, 120 Stat. 2507; Pub. L. 118–31, div. C, title XXXI, §3111(2), Dec. 22, 2023, 137 Stat. 788.)

Editorial Notes

Amendments

2023—Subsec. (b)(3). Pub. L. 118–31 struck out "and cyber" after "physical".

2006—Pub. L. 109–364, §3117(b)(1)(A), struck out "Office of Defense Nuclear Counterintelligence and" before "Office of Defense Nuclear Security" in section catchline.

Subsec. (a). Pub. L. 109–364, §3117(b)(1)(B), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows:

"(1) There are within the Administration—

"(A) an Office of Defense Nuclear Counterintelligence; and

"(B) an Office of Defense Nuclear Security.

"(2) Each office established under paragraph (1) shall be headed by a Chief appointed by the Secretary of Energy. The Administrator shall recommend to the Secretary suitable candidates for each such position."

Subsecs. (b), (c). Pub. L. 109–364, §3117(b)(1)(C), (D), redesignated subsec. (c) as (b) and struck out former subsec. (b) which related to the Chief of Defense Nuclear Counterintelligence.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

§2423. Counterintelligence programs

(a) National security laboratories and nuclear weapons production facilities

The Secretary of Energy shall, at each national security laboratory and nuclear weapons production facility, establish and maintain a counterintelligence program adequate to protect national security information at that laboratory or production facility.

(b) Other facilities

The Secretary of Energy shall, at each Department facility not described in subsection (a) at which Restricted Data is located, assign an employee of the Office of Intelligence and Counterintelligence of the Department of Energy who shall be responsible for and assess counterintelligence matters at that facility.

(Pub. L. 106–65, div. C, title XXXII, §3233, Oct. 5, 1999, 113 Stat. 961; Pub. L. 109–364, div. C, title XXXI, §3117(a)(2)(C), (c), Oct. 17, 2006, 120 Stat. 2507, 2508; Pub. L. 111–84, div. C, title XXXI, §3121, Oct. 28, 2009, 123 Stat. 2710; Pub. L. 116–92, div. E, title LXVII, §6744(a), Dec. 20, 2019, 133 Stat. 2241.)

Editorial Notes

Amendments

2019—Subsec. (b). Pub. L. 116–92 substituted "Department facility" for "Administration facility" and inserted "Intelligence and" after "the Office of".

2009—Pub. L. 111–84 amended Pub. L. 109–364, §3117(a), see 2006 Amendment note below.

2006—Pub. L. 109–364, §3117(a), which, in par. (2), directed amendment of this section by substituting "Administrator" for "Secretary of Energy" in subsecs. (a) and (b) and "Administration" for "Office of Counterintelligence of the Department of Energy" in subsec. (b), effective Sept. 30, 2010, was amended generally by Pub. L. 111–84, and as so amended, no longer contains a par. (2) or amends this section.

Pub. L. 109–364, §3117(c), substituted "Secretary of Energy" for "Administrator" in subsecs. (a) and (b) and "Office of Counterintelligence of the Department of Energy" for "Office of Defense Nuclear Counterintelligence" in subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

§2424. Procedures relating to access by individuals to classified areas and information of Administration

The Administrator shall establish appropriate procedures to ensure that any individual is not permitted unescorted access to any classified area, or access to classified information, of the Administration until that individual has been verified to hold the appropriate security clearances.

(Pub. L. 106–65, div. C, title XXXII, §3234, Oct. 5, 1999, 113 Stat. 961.)

§2425. Government access to information on Administration computers

(a) Procedures required

The Administrator shall establish procedures to govern access to information on Administration computers. Those procedures shall, at a minimum, provide that any individual who has access to information on an Administration computer shall be required as a condition of such access to provide to the Administrator written consent which permits access by an authorized investigative agency to any Administration computer used in the performance of the duties of such employee during the period of that individual's access to information on an Administration computer and for a period of three years thereafter.

(b) Expectation of privacy in Administration computers

Notwithstanding any other provision of law (including any provision of law enacted by the Electronic Communications Privacy Act of 1986 (Public Law 99–508; 100 Stat. 1848)), no user of an Administration computer shall have any expectation of privacy in the use of that computer.

(c) Definition

For purposes of this section, the term "authorized investigative agency" means an agency authorized by law or regulation to conduct a counterintelligence investigation or investigations of persons who are proposed for access to classified information to ascertain whether such persons satisfy the criteria for obtaining and retaining access to such information.

(Pub. L. 106–65, div. C, title XXXII, §3235, Oct. 5, 1999, 113 Stat. 961; Pub. L. 113–66, div. C, title XXXI, §3145(c), Dec. 26, 2013, 127 Stat. 1071.)

Editorial Notes

References in Text

The Electronic Communications Privacy Act of 1986, referred to in subsec. (b), is Pub. L. 99–508, Oct. 21, 1986, 100 Stat. 1848. For complete classification of this Act to the Code, see Short Title of 1986 Amendment note set out under section 2510 of Title 18, Crimes and Criminal Procedure, and Tables.

Amendments

2013—Subsec. (b). Pub. L. 113–66 inserted "(Public Law 99–508; 100 Stat. 1848)" after "of 1986".

§2426. Congressional oversight of special access programs

(a) Annual report on special access programs

(1) Not later than February 1 of each year, the Administrator shall submit to the congressional defense committees a report on special access programs of the Administration.

(2) Each such report shall set forth—

(A) the total amount requested for such programs in the President's budget for the next fiscal year submitted under section 1105 of title 31; and

(B) for each such program in that budget, the following:

(i) A brief description of the program.

(ii) A brief discussion of the major milestones established for the program.

(iii) The actual cost of the program for each fiscal year during which the program has been conducted before the fiscal year during which that budget is submitted.

(iv) The estimated total cost of the program and the estimated cost of the program for—

(I) the current fiscal year;

(II) the fiscal year for which the budget is submitted; and

(III) each of the four succeeding fiscal years during which the program is expected to be conducted.

(b) Annual report on new special access programs

(1) Not later than February 1 of each year, the Administrator shall submit to the congressional defense committees a report that, with respect to each new special access program, provides—

(A) notice of the designation of the program as a special access program; and

(B) justification for such designation.

(2) A report under paragraph (1) with respect to a program shall include—

(A) the current estimate of the total program cost for the program; and

(B) an identification of existing programs or technologies that are similar to the technology, or that have a mission similar to the mission, of the program that is the subject of the notice.

(3) In this subsection, the term "new special access program" means a special access program that has not previously been covered in a notice and justification under this subsection.

(c) Reports on changes in classification of special access programs

(1) Whenever a change in the classification of a special access program of the Administration is planned to be made or whenever classified information concerning a special access program of the Administration is to be declassified and made public, the Administrator shall submit to the congressional defense committees a report containing a description of the proposed change, the reasons for the proposed change, and notice of any public announcement planned to be made with respect to the proposed change.

(2) Except as provided in paragraph (3), any report referred to in paragraph (1) shall be submitted not less than 14 days before the date on which the proposed change or public announcement is to occur.

(3) If the Administrator determines that because of exceptional circumstances the requirement of paragraph (2) cannot be met with respect to a proposed change or public announcement concerning a special access program of the Administration, the Administrator may submit the report required by paragraph (1) regarding the proposed change or public announcement at any time before the proposed change or public announcement is made and shall include in the report an explanation of the exceptional circumstances.

(d) Notice of change in SAP designation criteria

Whenever there is a modification or termination of the policy and criteria used for designating a program of the Administration as a special access program, the Administrator shall promptly notify the congressional defense committees of such modification or termination. Any such notification shall contain the reasons for the modification or termination and, in the case of a modification, the provisions of the policy as modified.

(e) Waiver authority

(1) The Administrator may waive any requirement under subsection (a), (b), or (c) that certain information be included in a report under that subsection if the Administrator determines that inclusion of that information in the report would adversely affect the national security. The Administrator may waive the report-and-wait requirement in subsection (f) if the Administrator determines that compliance with such requirement would adversely affect the national security. Any waiver under this paragraph shall be made on a case-by-case basis.

(2) If the Administrator exercises the authority provided under paragraph (1), the Administrator shall provide the information described in that subsection with respect to the special access program concerned, and the justification for the waiver, jointly to the chairman and ranking minority member of each of the congressional defense committees.

(f) Report and wait for initiating new programs

A special access program may not be initiated until—

(1) the congressional defense committees are notified of the program; and

(2) a period of 30 days elapses after such notification is received.

(Pub. L. 106–65, div. C, title XXXII, §3236, Oct. 5, 1999, 113 Stat. 962; Pub. L. 113–291, div. C, title XXXI, §3143(b), Dec. 19, 2014, 128 Stat. 3902.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2122a of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 106–65, §3294(e)(1)(A).

Amendments

2014—Subsec. (a)(2)(B)(iv). Pub. L. 113–291 substituted "program for—" for "program for" before subcl. (I) designation, "year;" for "year," at end of subcl. (I), and "; and" for ", and" at end of subcl. (II) and realigned margins of subcls. (I) to (III).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

SUBCHAPTER III—MATTERS RELATING TO PERSONNEL

Statutory Notes and Related Subsidiaries

Pay Adjustment Demonstration Project

Pub. L. 115–91, div. C, title XXXI, §3116(a), Dec. 12, 2017, 131 Stat. 1888, provided that:

"(1) Extension.—The Administrator for Nuclear Security shall carry out the pay banding and performance-based pay adjustment demonstration project of the National Nuclear Security Administration authorized under section 4703 of title 5, United States Code, until the date that is 10 years after the date of the enactment of this Act [Dec. 12, 2017].

"(2) Modifications.—In carrying out the demonstration project described in paragraph (1), the Administrator—

"(A) may, subject to subparagraph (B), revise the requirements and limitations of the demonstration project to the extent necessary; and

"(B) shall—

"(i) ensure that the demonstration project is carried out in a manner consistent with the plan for the demonstration project published in the Federal Register on December 21, 2007 (72 Fed. Reg. 72776);

"(ii) ensure that significant changes in the demonstration project not take effect until revisions, as necessary and applicable, to the plan for the demonstration project are approved by the Office of Personnel Management and published in the Federal Register;

"(iii) ensure that procedural modifications or clarifications to the plan for the demonstration project be made through local notification processes;

"(iv) authorize, and establish incentives for, employees of the National Nuclear Security Administration to have rotational assignments among different programs of the Administration, the headquarters and field offices of the Administration, and the management and operating contractors of the Administration; and

"(v) establish requirements for employees of the Administration who are in the demonstration project described in paragraph (1) to be promoted to senior-level positions in the Administration, including requirements with respect to—

"(I) professional training and continuing education; and

"(II) a certain number and types of rotational assignments under clause (iv), as determined by the Administrator.

"(3) Application to naval nuclear propulsion program.—The Director of the Naval Nuclear Propulsion Program established pursuant to section 4101 of the Atomic Energy Defense Act (50 U.S.C. 2511) and section 3216 of the National Nuclear Security Administration Act (50 U.S.C. 2406) may, with the concurrence of the Secretary of the Navy, apply the demonstration project described in paragraph (1) to—

"(A) all employees of the Naval Nuclear Propulsion Program in the competitive service (as defined in section 2102 of title 5, United States Code); and

"(B) all employees of the Department of [the] Navy who are assigned to the Naval Nuclear Propulsion Program and are in the excepted service (as defined in section 2103 of title 5, United States Code) (other than such employees in statutory excepted service systems)."

Rotations for Certain Contractors

Pub. L. 115–91, div. C, title XXXI, §3116(b), Dec. 12, 2017, 131 Stat. 1889, provided that:

"(1) Increased use.—The Administrator for Nuclear Security shall increase the use of rotational assignments of employees of the management and operating contractors of the National Nuclear Security Administration to the headquarters of the Administration, the Department of Defense and the military departments, the intelligence community, and other departments and agencies of the Federal Government.

"(2) Methods.—The Administrator shall carry out paragraph (1) by—

"(A) establishing incentives for—

"(i) the management and operating contractors of the Administration and the employees of such contractors to participate in rotational assignments; and

"(ii) the departments and agencies of the Federal Government specified in such paragraph to facilitate such assignments;

"(B) providing professional and leadership development opportunities during such assignments;

"(C) using details and other applicable authorities and programs, including the mobility program under subchapter VI of chapter 33 of title 5, United States Code (commonly referred to as the 'Intergovernmental Personnel Act Mobility Program'); and

"(D) taking such other actions as the Administrator determines appropriate to increase the use of such rotational assignments."

§2441. Authority to establish certain contracting, program management, scientific, engineering, and technical positions

The Administrator may, for the purposes of carrying out the responsibilities of the Administrator under this chapter, establish not more than 1,200 contracting, program management, scientific, engineering, and technical positions in the Administration, appoint individuals to such positions, and fix the compensation of such individuals. Subject to the limitations in the preceding sentence, the authority of the Administrator to make appointments and fix compensation with respect to positions in the Administration under this section shall be equivalent to, and subject to the limitations of, the authority under section 2201(d) of title 42 to make appointments and fix compensation with respect to officers and employees described in such section. To ensure that the positions established under this section are used, the Administrator, to the extent practicable, shall appoint an individual to such a position to replace the vacancy of a position not established under this section.

(Pub. L. 106–65, div. C, title XXXII, §3241, Oct. 5, 1999, 113 Stat. 964; Pub. L. 112–239, div. C, title XXXI, §3111(b)(1), (2), Jan. 2, 2013, 126 Stat. 2169; Pub. L. 113–66, div. C, title XXXI, §3145(d), Dec. 26, 2013, 127 Stat. 1071; Pub. L. 116–92, div. C, title XXXI, §3111(b), Dec. 20, 2019, 133 Stat. 1950; Pub. L. 118–31, div. C, title XXXI, §3114, Dec. 22, 2023, 137 Stat. 790.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this title", meaning title XXXII of div. C of Pub. L. 106–65, Oct. 5, 1999, 113 Stat. 953, which is classified principally to this chapter. For complete classification of title XXXII to the Code, see Short Title note set out under section 2401 of this title and Tables.

Amendments

2023—Pub. L. 118–31 substituted "1,200" for "800".

2019—Pub. L. 116–92 substituted "800" for "600".

2013—Pub. L. 113–66, in last sentence, substituted "positions established" for "excepted positions established", "a position" for "an excepted position", and "position not established under this section" for "nonexcepted position".

Pub. L. 112–239, in section catchline, inserted "contracting, program management," before "scientific" and, in text, substituted "600 contracting, program management, scientific" for "300 scientific" and inserted at end "To ensure that the excepted positions established under this section are used, the Administrator, to the extent practicable, shall appoint an individual to such an excepted position to replace the vacancy of a nonexcepted position."

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

§2441a. Authorized personnel levels of the Office of the Administrator

(a) Use of IPA

The Administrator shall ensure that the expertise of the national security laboratories and the nuclear weapons production facilities is made available to the Administration, the Department of Energy, the Department of Defense, other Federal agencies, and Congress through the temporary assignment of personnel from such laboratories and facilities pursuant to the Intergovernmental Personnel Act Mobility Program and other similar programs.

(b) Office of the Administrator employees

In this section, the term "Office of the Administrator", with respect to the employees of the Administration, includes employees whose funding is derived from an account of the Administration titled "Federal Salaries and Expenses".

(c) Annual briefing

In conjunction with the submission of the budget of the President to Congress pursuant to section 1105 of title 31, the Administrator shall provide to the congressional defense committees a briefing containing the following information:

(1) A projection of the expected number of employees of the Office of the Administrator, as counted under subsection (d), for the fiscal year covered by the budget and the four subsequent fiscal years, broken down by the office in which the employees are projected to be assigned.

(2) With respect to the most recent fiscal year for which data is available—

(A) the number of service support contracts of the Administration and whether such contracts are funded using program or program direction funds;

(B) the number of full-time equivalent contractor employees working under each contract identified under subparagraph (A);

(C) the number of full-time equivalent contractor employees described in subparagraph (B) that have been employed under such a contract for a period greater than two years;

(D) with respect to each contract identified under subparagraph (A)—

(i) identification of each appropriations account that supports the contract; and

(ii) the amount obligated under the contract during the fiscal year, listed by each such account; and

(E) with respect to each appropriations account identified under subparagraph (D)(i), the total amount obligated for contracts identified under subparagraph (A).

(d) Counting rule

(1) A determination of the number of employees in the Office of the Administrator under subsection (c) shall be expressed on a full-time equivalent basis.

(2) Except as provided by paragraph (3), in determining the total number of employees in the Office of the Administrator under subsection (c), the Administrator shall count each employee of the Office without regard to whether the employee is located at the headquarters of the Administration, a site office of the Administration, a service or support center of the Administration, or any other location.

(3) The following employees may not be counted for purposes of determining the total number of employees in the Office of the Administrator under subsection (c):

(A) Employees of the Office of Naval Reactors.

(B) Employees of the Office of Secure Transportation.

(C) Members of the Armed Forces detailed to the Administration.

(D) Personnel supporting the Office of the Administrator pursuant to the mobility program under subchapter VI of chapter 33 of title 5 (commonly referred to as the "Intergovernmental Personnel Act Mobility Program").

(Pub. L. 106–65, div. C, title XXXII, §3241A, as added Pub. L. 112–239, div. C, title XXXI, §3111(a)(1), Jan. 2, 2013, 126 Stat. 2168; amended Pub. L. 113–291, div. C, title XXXI, §3116, Dec. 19, 2014, 128 Stat. 3888; Pub. L. 114–92, div. C, title XXXI, §3138, Nov. 25, 2015, 129 Stat. 1215; Pub. L. 114–328, div. C, title XXXI, §3136(a), Dec. 23, 2016, 130 Stat. 2771; Pub. L. 116–92, div. C, title XXXI, §3111(a), Dec. 20, 2019, 133 Stat. 1949; Pub. L. 117–263, div. C, title XXXI, §3117, Dec. 23, 2022, 136 Stat. 3054.)

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–263, §3117(a)(1), (2), redesignated subsec. (d) as (a) and struck out former subsec. (a) which limited the number of employees of the Office of the Administrator to 1,890 and required justification for any excess starting with fiscal year 2020.

Subsec. (b). Pub. L. 117–263, §3117(a)(2), redesignated subsec. (e) as (b). Former subsec. (b) redesignated (d).

Subsec. (c). Pub. L. 117–263, §3117(a)(2), (b), redesignated subsec. (f) as (c) and amended it generally. Prior to amendment, subsec. related to report to be included in annual budget justification materials. Former subsec. (c) struck out.

Pub. L. 117–263, §3117(a)(1), struck out subsec. (c). Text read as follows: "In accordance with section 3523 of title 5, the Administrator may offer voluntary separation or retirement incentives to meet the total number of employees authorized under subsection (a)."

Subsec. (d). Pub. L. 117–263, §3117(a)(3), (c), redesignated subsec. (b) as (d) and substituted "under subsection (c)" for "under subsection (a)" wherever appearing. Former subsec. (d) redesignated (a).

Subsecs. (e), (f). Pub. L. 117–263, §3117(a)(2), redesignated subsecs. (e) and (f) as (b) and (c), respectively.

2019—Subsec. (a)(1). Pub. L. 116–92, §3111(a)(1)(A), (B)(i), substituted "The" for "By October 1, 2015, the" and "1,890" for "1,690".

Subsec. (a)(2). Pub. L. 116–92, §3111(a)(1)(A), (B)(ii), substituted "2020" for "2016" and "1,890" for "1,690".

Subsec. (f). Pub. L. 116–92, §3111(a)(2)(A), substituted "for the most recent fiscal year for which data are available" for "as of the date of the report" in introductory provisions.

Subsec. (f)(5), (6). Pub. L. 116–92, §3111(a)(2)(B), added pars. (5) and (6) and struck out former par. (5) which read as follows: "With respect to each contract identified under paragraph (2)—

"(A) the cost of the contract; and

"(B) identification of the program or program direction accounts that support the contract."

2016—Subsec. (f)(5). Pub. L. 114–328 added par. (5).

2015—Subsec. (f). Pub. L. 114–92 added subsec. (f).

2014—Subsec. (a)(1). Pub. L. 113–291, §3116(a)(1), substituted "2015" for "2014" and "1,690" for "1,825".

Subsec. (a)(2). Pub. L. 113–291, §3116(a)(2), substituted "2016" for "2015" and "1,690" for "1,825".

Subsec. (e). Pub. L. 113–291, §3116(b), added subsec. (e).

§2442. Repealed. Pub. L. 112–239, div. C, title XXXI, §3132(c)(1)(A), Jan. 2, 2013, 126 Stat. 2186

Section, Pub. L. 106–65, div. C, title XXXII, §3242, Oct. 5, 1999, 113 Stat. 964, related to voluntary early retirement authority.

§2443. Notification of employee practices affecting national security

(a) Annual notification of security clearance revocations

At or about the time that the President's budget is submitted to Congress under section 1105(a) of title 31, the Administrator shall notify the appropriate congressional committees of—

(1) the number of covered employees whose security clearance was revoked during the year prior to the year in which the notification is made; and

(2) for each employee counted under paragraph (1), the length of time such employee has been employed at the Administration, as the case may be, since such revocation.

(b) Annual notification of terminations and removals

Not later than December 31 of each year, the Administrator shall notify the appropriate congressional committees of each instance in which the Administrator terminated the employment of a covered employee or removed and reassigned a covered employee for cause during that year.

(c) Definitions

In this section:

(1) The term "appropriate congressional committees" means—

(A) the congressional defense committees; and

(B) the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

(2) The term "covered employee" means—

(A) an employee of the Administration; or

(B) an employee of an element of the Department of Energy (other than the Administration) involved in nuclear security.

(Pub. L. 106–65, div. C, title XXXII, §3245, as added Pub. L. 114–92, div. C, title XXXI, §3111(a)(1), Nov. 25, 2015, 129 Stat. 1186; amended Pub. L. 117–81, div. C, title XXXI, §3131(a), Dec. 27, 2021, 135 Stat. 2229.)

Editorial Notes

Prior Provisions

A prior section 2443, Pub. L. 106–65, div. C, title XXXII, §3245, as added Pub. L. 106–377, §1(a)(2) [title III, §315], Oct. 27, 2000, 114 Stat. 1441, 1441A-81, related to prohibition on pay of personnel engaged in concurrent service or duties inside and outside Administration, prior to repeal by Pub. L. 107–107, div. C, title XXXI, §3143, Dec. 28, 2001, 115 Stat. 1371.

Amendments

2021—Subsecs. (a), (b). Pub. L. 117–81 added subsecs. (a) and (b) and struck out former subsecs. (a) and (b), which related to annual notification and notification to congressional committees, respectively.

§2444. Nonproliferation and national security scholarship and fellowship program

(a) Establishment

The Administrator for Nuclear Security shall carry out a program to provide scholarships and fellowships for the purpose of enabling individuals to qualify for employment in the nonproliferation and national security programs of the National Nuclear Security Administration.

(b) Eligible individuals

An individual shall be eligible for a scholarship or fellowship under the program established under this section if the individual—

(1) is a citizen or national of the United States or an alien lawfully admitted to the United States for permanent residence;

(2) has been accepted for enrollment or is currently enrolled as a full-time student at an institution of higher education (as defined in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)));

(3) is pursuing a program of education that leads to an appropriate higher education degree in a qualifying field of study, as determined by the Administrator;

(4) enters into an agreement described in subsection (c); and

(5) meets such other requirements as the Administrator prescribes.

(c) Agreement

An individual seeking a scholarship or fellowship under the program established under this section shall enter into an agreement, in writing, with the Administrator that includes the following:

(1) The agreement of the Administrator to provide such individual with a scholarship or fellowship in the form of educational assistance for a specified number of school years (not to exceed five school years) during which such individual is pursuing a program of education in a qualifying field of study, which educational assistance may include payment of tuition, fees, books, laboratory expenses, and a stipend.

(2) The agreement of such individual—

(A) to accept such educational assistance;

(B) to maintain enrollment and attendance in a program of education described in subsection (b)(2) until such individual completes such program;

(C) while enrolled in such program, to maintain satisfactory academic progress in such program, as determined by the institution of higher education in which such individual is enrolled; and

(D) after completion of such program, to serve as a full-time employee in a nonproliferation or national security position in the National Nuclear Security Administration or at a laboratory of the Administration for a period of not less than 12 months for each school year or part of a school year for which such individual receives a scholarship or fellowship under the program established under this section.

(3) The agreement of such individual with respect to the repayment requirements specified in subsection (d).

(d) Repayment

(1) In general

An individual receiving a scholarship or fellowship under the program established under this section shall agree to pay to the United States the total amount of educational assistance provided to such individual under such program, plus interest at the rate prescribed by paragraph (4), if such individual—

(A) does not complete the program of education agreed to pursuant to subsection (c)(2)(B);

(B) completes such program of education but declines to serve in a position in the National Nuclear Security Administration or at a laboratory of the Administration as agreed to pursuant to subsection (c)(2)(D); or

(C) is voluntarily separated from service or involuntarily separated for cause from the National Nuclear Security Administration or a laboratory of the Administration before the end of the period for which such individual agreed to continue in the service of the Administration pursuant to subsection (c)(2)(D).

(2) Failure to repay

If an individual who received a scholarship or fellowship under the program established under this section is required to repay, pursuant to an agreement under paragraph (1), the total amount of educational assistance provided to such individual under such program, plus interest at the rate prescribed by paragraph (4), and fails to repay such amount, a sum equal to such amount (plus such interest) is recoverable by the United States Government from such individual or the estate of such individual by—

(A) in the case of an individual who is an employee of the United States Government, setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; or

(B) such other method as is provided by law for the recovery of amounts owed to the Government.

(3) Waiver of repayment

The Administrator may waive, in whole or in part, repayment by an individual under this subsection if the Administrator determines that seeking recovery under paragraph (2) would be against equity and good conscience or would be contrary to the best interests of the United States.

(4) Rate of interest

For purposes of repayment under this subsection, the total amount of educational assistance provided to an individual under the program established under this section shall bear interest at the applicable rate of interest under section 427A(c) of the Higher Education Act of 1965 (20 U.S.C. 1077a(c)).

(e) Preference for cooperative education students

In evaluating individuals for the award of a scholarship or fellowship under the program established under this section, the Administrator may give a preference to an individual who is enrolled in, or accepted for enrollment in, an institution of higher education that has a cooperative education program with the National Nuclear Security Administration.

(f) Coordination of benefits

A scholarship or fellowship awarded under the program established under this section shall be taken into account in determining the eligibility of an individual receiving such scholarship or fellowship for Federal student financial assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).

(g) Report to Congress

Not later than January 1, 2010, the Administrator shall submit to the congressional defense committees a report on the activities carried out under the program established under this section, including any recommendations for future activities under such program.

(h) Funding

Of the amounts authorized to be appropriated by section 3101(a)(2) ¹ for defense nuclear nonproliferation activities, $3,000,000 shall be available to carry out the program established under this section.

(Pub. L. 110–417, div. C, title XXXI, §3113, Oct. 14, 2008, 122 Stat. 4754; Pub. L. 111–383, div. A, title X, §1075(e)(19), Jan. 7, 2011, 124 Stat. 4375; Pub. L. 118–159, div. C, title XXXI, §3111(b), Dec. 23, 2024, 138 Stat. 2293.)

Editorial Notes

References in Text

The Higher Education Act of 1965, referred to in subsec. (f), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Title IV of the Act is classified generally to subchapter IV (§1070 et seq.) of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables.

Section 3101(a)(2), referred to in subsec. (h), is section 3101(a)(2) of Pub. L. 110–417, div. C, title XXXI, Oct. 14, 2008, 122 Stat. 4752, which is not classified to the Code.

Codification

Section was enacted as part of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, and not as part of the National Nuclear Security Administration Act which comprises this chapter.

Amendments

2024—Pub. L. 118–159 substituted "National Nuclear Security Administration" for "Department of Energy" and "of the Administration" for "of the Department" wherever appearing.

2011—Subsec. (b)(2). Pub. L. 111–383, §1075(e)(19)(A), inserted closing parenthesis before semicolon.

Subsec. (d)(2). Pub. L. 111–383, §1075(e)(19)(B), substituted "fails to repay" for "fails repay".

Statutory Notes and Related Subsidiaries

"Congressional Defense Committees" Defined

Congressional defense committees has the meaning given that term in section 101(a)(16) of Title 10, Armed Forces, see section 3 of Pub. L. 110–417, Oct. 14, 2008, 122 Stat. 4372. See note under section 101 of Title 10.

¹ See References in Text note below.

§2445. Limitation on bonuses for employees who engage in improper program management

(a) Limitation

(1) In general

The Secretary of Energy or the Administrator may not pay to a covered employee a bonus during the one-year period beginning on the date on which the Secretary or the Administrator, as the case may be, determines that the covered employee engaged in improper program management that resulted in a notification under section 2753 of this title or significantly and detrimentally affected the cost, scope, or schedule associated with the approval of critical decision 3 in the acquisition process for a project (as defined in Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets)).

(2) Implementation guidance

Not later than one year after November 25, 2015, the Secretary shall issue guidance for the implementation of paragraph (1).

(b) Guidance prohibiting bonuses for additional employees

Not later than 180 days after November 25, 2015, the Secretary and the Administrator shall each issue guidance prohibiting the payment of a bonus to a covered employee during the one-year period beginning on the date on which the Secretary or the Administrator, as the case may be, determines that the covered employee engaged in improper program management—

(1) that jeopardized the health, safety, or security of employees or facilities of the Administration or another element of the Department of Energy involved in nuclear security; or

(2) in carrying out defense nuclear nonproliferation activities.

(c) Waiver

The Secretary or the Administrator, as the case may be, may waive the limitation on the payment of a bonus under subsection (a) or (b) on a case-by-case basis if—

(1) the Secretary or the Administrator, as the case may be, notifies the appropriate congressional committees of such waiver; and

(2) a period of 60 days elapses following such notification.

(d) Definitions

In this section:

(1) The term "appropriate congressional committees" means—

(A) the congressional defense committees; and

(B) the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

(2) The term "bonus" means a bonus or award paid under title 5, including under chapters 45 or 53 of such title, or any other provision of law.

(3) The term "covered employee" has the meaning given that term in section 2443 of this title.

(Pub. L. 106–65, div. C, title XXXII, §3246, as added Pub. L. 114–92, div. C, title XXXI, §3111(b)(1), Nov. 25, 2015, 129 Stat. 1187.)

§2446. Treatment of contractors who engage in improper program management

(a) In general

Except as provided by subsection (b), if the Secretary of Energy or the Administrator determines that a covered contractor engaged in improper program management that resulted in a notification under section 2753 of this title or significantly and detrimentally affected the cost, scope, or schedule associated with the approval of critical decision 3 in the acquisition process for a project (as defined in Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets)), the Secretary or the Administrator, as the case may be, shall submit to the appropriate congressional committees—

(1) an explanation as to whether termination of the contract is an appropriate remedy;

(2) a description of the terms of the contract regarding award fees and performance; and

(3) a description of how the Secretary or the Administrator, as the case may be, plans to exercise options under the contract.

(b) Exception

If the Secretary or the Administrator, as the case may be, is not able to submit the information described in paragraphs (1) through (3) of subsection (a) by reason of a contract enforcement action, the Secretary or the Administrator, as the case may be, shall submit to the appropriate congressional committees a notification of such contract enforcement action and the date on which the Secretary or the Administrator, as the case may be, plans to submit the information described in such paragraphs.

(c) Definitions

In this section:

(1) The term "appropriate congressional committees" means—

(A) the congressional defense committees; and

(B) the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

(2) The term "covered contractor" means—

(A) a contractor of the Administration; or

(B) a contractor of an element of the Department of Energy (other than the Administration) involved in nuclear security.

(Pub. L. 106–65, div. C, title XXXII, §3247, as added Pub. L. 114–92, div. C, title XXXI, §3111(c)(1), Nov. 25, 2015, 129 Stat. 1188.)

SUBCHAPTER IV—BUDGET AND FINANCIAL MANAGEMENT

§2451. Separate treatment in budget

(a) President's budget

In each budget submitted by the President to Congress under section 1105 of title 31, amounts requested for the Administration shall be set forth separately within the other amounts requested for the Department of Energy.

(b) Budget justification materials

(1) In the budget justification materials submitted to Congress in support of each such budget, the amounts requested for the Administration shall be specified in individual, dedicated program elements.

(2) In the budget justification materials submitted to Congress in support of each such budget, the Administrator shall include an assessment of how the budget maintains the core nuclear weapons skills of the Administration, including nuclear weapons design, engineering, production, testing, and prediction of stockpile aging.

(Pub. L. 106–65, div. C, title XXXII, §3251, Oct. 5, 1999, 113 Stat. 966; Pub. L. 112–239, div. C, title XXXI, §3112, Jan. 2, 2013, 126 Stat. 2169; Pub. L. 113–66, div. C, title XXXI, §3145(e), Dec. 26, 2013, 127 Stat. 1071.)

Editorial Notes

Amendments

2013—Subsec. (a). Pub. L. 113–66 substituted "Congress" for "the Congress".

Subsec. (b). Pub. L. 112–239 designated existing provisions as par. (1) and added par. (2).

Statutory Notes and Related Subsidiaries

Ten-Year Plan for Use and Funding of Certain Department of Energy Facilities

Pub. L. 111–84, div. C, title XXXI, §3141, Oct. 28, 2009, 123 Stat. 2715, provided that:

"(a) In General.—The Administrator for Nuclear Security and the Under Secretary for Science of the Department of Energy shall jointly develop a plan to use and fund, over a ten-year period, the following facilities of the Department of Energy:

"(1) The National Ignition Facility at the Lawrence Livermore National Laboratory, California.

"(2) The Los Alamos Neutron Science Center at the Los Alamos National Laboratory, New Mexico.

"(3) The Z Machine at the Sandia National Laboratories, New Mexico.

"(4) The Microsystems and Engineering Sciences Application Facility at the Sandia National Laboratories, New Mexico.

"(b) Submittal of Plan.—Not later than 45 days after the date of the enactment of this Act [Oct. 28, 2009], the Administrator for Nuclear Security and the Under Secretary for Science of the Department of Energy shall submit to the appropriate congressional committees the plan required by subsection (a).

"(c) Requirement to Specify Source of Facility Funding in Budget Requests.—In any budget request for the Department of Energy for a fiscal year that is submitted to Congress after the date of the enactment of this Act [Oct. 28, 2009], the Secretary of Energy shall identify for that fiscal year the portion of the funding for each facility specified in subsection (a) that is to be provided by the National Nuclear Security Administration and by the Office of Science of the Department of Energy.

"(d) Appropriate Congressional Committees Defined.—In this section, the term 'appropriate congressional committees' means—

"(1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Science and Technology [now Committee on Science, Space, and Technology] of the House of Representatives; and

"(2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate."

§2452. Planning, programming, and budgeting process

(a) Procedures required

The Administrator shall establish procedures to ensure that the planning, programming, budgeting, and financial activities of the Administration comport with sound financial and fiscal management principles. Those procedures shall, at a minimum, provide for the planning, programming, and budgeting of activities of the Administration using funds that are available for obligation for a limited number of years.

(b) Annual plan for obligation of funds

(1) Each year, the Administrator shall prepare a plan for the obligation of the amounts that, in the President's budget submitted to Congress that year under section 1105(a) of title 31, are proposed to be appropriated for the Administration for the fiscal year that begins in that year (in this section referred to as the "budget year") and the two succeeding fiscal years.

(2) For each program element and construction line item of the Administration, the plan shall provide the goal of the Administration for the obligation of those amounts for that element or item for each fiscal year of the plan, expressed as a percentage of the total amount proposed to be appropriated in that budget for that element or item.

(c) Submission of plan and report

The Administrator shall submit to Congress each year, at or about the time that the President's budget is submitted to Congress under section 1105(a) of title 31, each of the following:

(1) The plan required by subsection (b) prepared with respect to that budget.

(2) A report on the plans prepared with respect to the preceding years' budgets, which shall include, for each goal provided in those plans—

(A) the assessment of the Administrator as to whether or not that goal was met; and

(B) if that assessment is that the goal was not met—

(i) the reasons why that goal was not met; and

(ii) the plan of the Administrator for meeting or, if necessary, adjusting that goal.

(Pub. L. 106–65, div. C, title XXXII, §3252, Oct. 5, 1999, 113 Stat. 966; Pub. L. 106–398, §1 [div. C, title XXXI, §3158(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-469.)

Editorial Notes

Amendments

2000—Pub. L. 106–398 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

Updated Financial Integration Policy

Pub. L. 118–31, div. C, title XXXI, §3132, Dec. 22, 2023, 137 Stat. 804, provided that: "Not later than 180 days after the date of the enactment of this Act [Dec. 22, 2023], the Administrator for Nuclear Security shall issue an updated financial integration policy, which shall include the following:

"(1) Updated responsibilities for offices of the National Nuclear Security Administration and requirements for management and operating contractors, including contractors at sites that are not sites of the Administration.

"(2) Guidance for how offices of the Administration should use common financial data, including guidance requiring that such data be used as the primary source of financial data by program offices, to the extent practicable.

"(3) Processes recommended by the Government Accountability Office to improve financial integration efforts of the Administration, including an internal process to verify how management and operating contractors crosswalk data from their systems to the appropriate work breakdown structure of the Administration and apply common cost element definitions.

"(4) Any other matters the Administrator considers appropriate."

First Report on Assessment of Prior Plans; GAO Report

Pub. L. 106–398, §1 [div. C, title XXXI, §3158(b), (c)], Oct. 30, 2000, 114 Stat. 1654, 1654A-469, provided that the first report submitted under subsec. (c)(2) of this section was to be the report prepared with respect to the budget submitted in calendar year 2001, and that, not later than Mar. 15, 2001, the Comptroller General would submit to Congress an assessment of the adequacy of the planning, programming, and budgeting processes of the National Nuclear Security Administration.

§2453. Future-years nuclear security program

(a) Submission to Congress

The Administrator shall submit to Congress each year, at or about the time that the President's budget is submitted to Congress that year under section 1105(a) of title 31, a future-years nuclear security program (including associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years nuclear security program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years.

(b) Elements

Each future-years nuclear security program shall contain the following:

(1) A detailed description of the program elements (and the projects, activities, and construction projects associated with each such program element) during the applicable five-fiscal-year period for at least each of the following:

(A) For defense programs—

(i) directed stockpile work;

(ii) campaigns;

(iii) readiness in technical base and facilities; and

(iv) secure transportation asset.

(B) For defense nuclear nonproliferation—

(i) nonproliferation and verification, research, and development;

(ii) arms control; and

(iii) fissile materials disposition.

(C) For naval reactors, naval reactors operations and maintenance.

(2) A statement of proposed budget authority, estimated expenditures, and proposed appropriations necessary to support each program element specified pursuant to paragraph (1).

(3) A detailed description of how the funds identified for each program element specified pursuant to paragraph (1) in the budget for the Administration for each fiscal year during that five-fiscal-year period will help ensure that the nuclear weapons stockpile is safe and reliable, as determined in accordance with the criteria established under section 2522(a) of this title.

(4) A description of the anticipated workload requirements for each Administration site during that five-fiscal-year period.

(c) Consistency in budgeting

(1) The Administrator shall ensure that amounts described in subparagraph (A) of paragraph (2) for any fiscal year are consistent with amounts described in subparagraph (B) of paragraph (2) for that fiscal year.

(2) Amounts referred to in paragraph (1) are the following:

(A) The amounts specified in program and budget information submitted to Congress by the Administrator in support of expenditure estimates and proposed appropriations in the budget submitted to Congress by the President under section 1105(a) of title 31 for any fiscal year, as shown in the future-years nuclear security program submitted pursuant to subsection (a).

(B) The total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Administration included pursuant to paragraph (5) of section 1105(a) of such title in the budget submitted to Congress under that section for any fiscal year.

(d) Treatment of management contingencies

Nothing in this section shall be construed to prohibit the inclusion in the future-years nuclear security program of amounts for management contingencies, subject to the requirements of subsection (c).

(Pub. L. 106–65, div. C, title XXXII, §3253, Oct. 5, 1999, 113 Stat. 966; Pub. L. 106–398, §1 [div. C, title XXXI, §3154], Oct. 30, 2000, 114 Stat. 1654, 1654A-465; Pub. L. 109–364, div. C, title XXXI, §3111(b), Oct. 17, 2006, 120 Stat. 2503; Pub. L. 110–181, div. C, title XXXI, §3123, Jan. 28, 2008, 122 Stat. 580; Pub. L. 112–239, div. C, title XXXI, §3132(a)(1), (d)(2), Jan. 2, 2013, 126 Stat. 2185, 2187; Pub. L. 113–66, div. C, title XXXI, §3145(f), Dec. 26, 2013, 127 Stat. 1071; Pub. L. 115–91, div. C, title XXXI, §3133(c)(2), Dec. 12, 2017, 131 Stat. 1896.)

Editorial Notes

Amendments

2017—Subsec. (b)(5). Pub. L. 115–91 struck out par. (5) which read as follows: "A plan, developed in consultation with the Director of the Office of Health, Safety, and Security of the Department of Energy, for the research and development, deployment, and lifecycle sustainment of the technologies employed within the nuclear security enterprise to address physical and cyber security threats during the applicable five-fiscal-year period, together with—

"(A) for each site in the nuclear security enterprise, a description of the technologies deployed to address the physical and cyber security threats posed to that site;

"(B) for each site and for the nuclear security enterprise, the methods used by the Administration to establish priorities among investments in physical and cyber security technologies; and

"(C) a detailed description of how the funds identified for each program element specified pursuant to paragraph (1) in the budget for the Administration for each fiscal year during that five-fiscal-year period will help carry out that plan."

2013—Subsec. (b). Pub. L. 113–66, §3145(f)(1), substituted "five-fiscal-year" for "five-fiscal year" wherever appearing.

Subsec. (b)(3). Pub. L. 112–239, §3132(d)(2), substituted "section 2522(a) of this title" for "section 3158 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (42 U.S.C. 2121 note)".

Subsec. (b)(5), (6). Pub. L. 113–66, §3145(f)(2), (3), redesignated par. (6) as (5), struck out "National Nuclear Security" before "Administration" in subpar. (B), and struck out former par. (5) which read as follows: "A statement of proposed budget authority, estimated expenditures, and proposed appropriations necessary to support the programs required to implement the plan to transform the nuclear security enterprise under section 2534 of this title, together with a detailed description of how the funds identified for each program element specified pursuant to paragraph (1) in the budget for the Administration for each fiscal year during that five-fiscal-year period will help ensure that those programs are implemented. The statement shall assume year-to-year funding profiles that account for increases only for projected inflation."

Pub. L. 112–239, §3132(a)(1), substituted "nuclear security enterprise" for "nuclear weapons complex" wherever appearing.

2008—Subsec. (b)(6). Pub. L. 110–181 added par. (6).

2006—Subsec. (b)(5). Pub. L. 109–364 added par. (5).

2000—Subsec. (b). Pub. L. 106–398, §1 [div. C, title XXXI, §3154(a)], added pars. (1) to (3), redesignated former par. (2) as (4), and struck out former par. (1) which read as follows: "The estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Administration during the five-fiscal year period covered by the program, expressed in a level of detail comparable to that contained in the budget submitted by the President to Congress under section 1105 of title 31."

Subsec. (c). Pub. L. 106–398, §1 [div. C, title XXXI, §3154(b)(1), (2)], redesignated subsec. (d) as (c) and struck out heading and text of former subsec. (c). Text read as follows: "The Administrator shall include in the materials the Administrator submits to Congress in support of the budget for any fiscal year that is submitted by the President pursuant to section 1105 of title 31 a description of how the funds identified for each program element in the weapons activities budget of the Administration for such fiscal year will help ensure that the nuclear weapons stockpile is safe and reliable as determined in accordance with the criteria established under section 3158 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112 Stat. 2257; 42 U.S.C. 2121 note)."

Subsec. (d). Pub. L. 106–398, §1 [div. C, title XXXI, §3154(b)(2), (3)], redesignated subsec. (e) as (d) and substituted "subsection (c)" for "subsection (d)". Former subsec. (d) redesignated (c).

Subsec. (e). Pub. L. 106–398, §1 [div. C, title XXXI, §3154(b)(2)], redesignated subsec. (e) as (d).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

Integrated Schedule for Future-Years Nuclear Security Program

Pub. L. 118–31, div. C, title XXXI, §3128, Dec. 22, 2023, 137 Stat. 795, provided that:

"(a) In General.—The Administrator for Nuclear Security shall—

"(1) develop and maintain a high-level milestone schedule document for all covered construction projects that includes production infrastructure modernization schedules with weapons modernization programs; and

"(2) for each covered construction project included in the high-level milestone schedule document under paragraph (1), include in such document an identification and explanation of the status of any associated integrated master schedule.

"(b) Inclusion in Future-years Nuclear Security Program.—The milestone schedule document required under subsection (a) shall be included in the future-years nuclear security program for fiscal year 2025 and each subsequent fiscal year.

"(c) Covered Construction Project.—In this section, the term 'covered construction project' means—

"(1) a construction project that is subject to Department of Energy Order 413.3B, or a successor order; or

"(2) a program designated as Enhanced Management A or B under the Program Execution Instruction of the Office of Defense Programs of the National Nuclear Security Administration."

Technical Base and Facilities Maintenance and Recapitalization Activities

Pub. L. 108–136, div. C, title XXXI, §3114, Nov. 24, 2003, 117 Stat. 1744, as amended by Pub. L. 108–375, div. C, title XXXI, §3113(a), Oct. 28, 2004, 118 Stat. 2160; Pub. L. 109–364, div. C, title XXXI, §3112, Oct. 17, 2006, 120 Stat. 2503, provided that:

"(a) Inclusion of Projects in Facilities and Infrastructure Recapitalization Program.—(1) The Administrator for Nuclear Security shall complete the selection of projects for inclusion in the Facilities and Infrastructure Recapitalization Program of the National Nuclear Security Administration not later than December 31, 2004.

"(2) Except as provided in paragraph (3), no project may be included in the Facilities and Infrastructure Recapitalization Program after December 31, 2004, unless such project has been selected for inclusion in that program as of that date.

"(3)(A) Subject to the provisions of this paragraph, a project described in subparagraph (B) may be carried out under the Facilities and Infrastructure Recapitalization Program after December 31, 2004, if the Administrator approves the project. The Administrator may not delegate the authority to approve projects under the preceding sentence.

"(B) A project described in this subparagraph is a project that consists of a specific building, facility, or other improvement (including fences, roads, or similar improvements).

"(C) Funds may not be obligated or expended for a project under this paragraph until 60 days after the date on which the Administrator submits to the congressional defense committees [Committees on Armed Services and Appropriations of Senate and House of Representatives] a notice on the project, including a description of the project and the nature of the project, a statement explaining why the project was not included in the Facilities and Infrastructure Recapitalization Program under paragraph (1), and a statement explaining why the project was not included in any other program under the jurisdiction of the Administrator.

"(D) The total number of projects that may be carried out under this paragraph in any fiscal year may not exceed five projects.

"(E) The Administrator may not utilize the authority in this paragraph until 60 days after the later of—

"(i) the date of the submittal to the congressional defense committees of a list of the projects selected for inclusion in the Facilities and Infrastructure Recapitalization Program under paragraph (1); or

"(ii) the date of the submittal to the congressional defense committees of the report required by subsection (c).

"(F) A project may not be carried out under this paragraph unless the project will be completed by September 30, 2013.

"(b) Termination of Facilities and Infrastructure Recapitalization Program.—The Administrator shall terminate the Facilities and Infrastructure Recapitalization Program not later than September 30, 2013.

"(c) Readiness in Technical Base and Facilities Program.—(1) Not later than September 30, 2004, the Administrator shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of Senate and House of Representatives] a report setting forth guidelines on the conduct of the Readiness in Technical Base and Facilities program of the National Nuclear Security Administration.

"(2) Such guidelines shall include the following:

"(A) Criteria for the inclusion of projects in the program, and for establishing priorities among projects included in the program.

"(B) Mechanisms for the management of facilities under the program, including maintenance activities referred to in subparagraph (C).

"(C) A description of the scope of maintenance activities under the program, including recurring maintenance, construction of facilities, recapitalization of facilities, and decontamination and decommissioning of facilities.

"(3) Such guidelines shall ensure that the maintenance activities referred to in paragraph (2)(C) are carried out in a timely and efficient manner designed to avoid maintenance backlogs.

"(d) Operations of Facilities Program.—(1) The Administrator shall continue the Operations of Facilities program of the National Nuclear Security Administration as a subprogram within the Readiness in Technical Base and Facilities program.

"(2) The Deputy Administrator for Defense Programs shall designate a single manager to be responsible for overseeing the operations of the Operations of Facilities subprogram within the Readiness in Technical Base and Facilities program.

"(3) For fiscal year 2005, and for each fiscal year thereafter, the Secretary of Energy shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of Senate and House of Representatives], together with the budget justification materials submitted to Congress in support of the National Nuclear Security Administration budget for that fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), a separate statement of the amounts requested for such fiscal year for each element of the Operations of Facilities subprogram, as follows:

"(A) Maintenance.

"(B) Facilities management and support.

"(C) Utilities.

"(D) Environment, safety, and health.

"(E) Each other element of the subprogram."

[Pub. L. 108–375, div. C, title XXXI, §3113(b), Oct. 28, 2004, 118 Stat. 2161, provided that: "The amendments made by subsection (a) [amending section 3114 of Pub. L. 108–136, set out above] may not be construed to authorize any delay in either of the following:

["(1) The selection of projects for inclusion in the Facilities and Infrastructure Recapitalization Program under subsection (a) of section 3114 of the National Defense Authorization Act for Fiscal Year 2004 [Pub. L. 108–136, set out above].

["(2) The submittal of the report required by subsection (c) of such section."]

§2454. Semiannual financial reports on defense nuclear nonproliferation programs

(a) Semiannual reports required

The Administrator shall submit to the Committees on Armed Services of the Senate and the House of Representatives a semiannual report on the amounts available for the defense nuclear nonproliferation programs of the Administration. Each such report shall cover a half of a fiscal year (in this section referred to as a "fiscal half") and shall be submitted not later than 30 days after the end of that fiscal half.

(b) Contents

Each report for a fiscal half shall, for each such defense nuclear nonproliferation program for which amounts are available for the fiscal year that includes that fiscal half, set forth the following:

(1) The aggregate amount available for such program as of the beginning of such fiscal half and, within such amount, the uncommitted balances, the unobligated balances, and the unexpended balances.

(2) The aggregate amount newly made available for such program during such fiscal half and, within such amount, the amount made available by appropriations, by transfers, by reprogrammings, and by other means.

(3) The aggregate amount available for such program as of the end of such fiscal half and, within such amount, the uncommitted balances, the unobligated balances, and the unexpended balances.

(Pub. L. 106–65, div. C, title XXXII, §3254, as added Pub. L. 108–136, div. C, title XXXI, §3121(a), Nov. 24, 2003, 117 Stat. 1746.)

Statutory Notes and Related Subsidiaries

First Report

Pub. L. 108–136, div. C, title XXXI, §3121(b), Nov. 24, 2003, 117 Stat. 1747, provided that: "The first report required to be submitted by section 3254 of the National Nuclear Security Administration Act (as added by subsection (a) [this section]) shall be the report covering the first half of fiscal year 2004."

§2455. Repealed. Pub. L. 116–92, div. C, title XXXI, §3132(a), Dec. 20, 2019, 133 Stat. 1958

Section, Pub. L. 106–65, div. C, title XXXII, §3255, as added Pub. L. 111–84, div. C, title XXXI, §3116(a), Oct. 28, 2009, 123 Stat. 2707; amended Pub. L. 111–383, div. C, title XXXI, §3113(a), Jan. 7, 2011, 124 Stat. 4509; Pub. L. 112–239, div. C, title XXXI, §3132(a)(2), Jan. 2, 2013, 126 Stat. 2185; Pub. L. 114–92, div. A, title X, §1062(a), Nov. 25, 2015, 129 Stat. 988; Pub. L. 114–328, div. C, title XXXI, §3137(c), Dec. 23, 2016, 130 Stat. 2771, related to Comptroller General assessment of adequacy of budget requests with respect to the modernization and refurbishment of the nuclear weapons stockpile.

§2455a. National Nuclear Security Administration authority for urgent nonproliferation activities

(a) In general

Subject to the notification requirement under subsection (b), not more than 10 percent of the total amounts appropriated or otherwise made available in any fiscal year for the nonproliferation programs of the Department of Energy National Nuclear Security Administration may be expended, notwithstanding any other law, for activities described under subsection (b)(1)(B).

(b) Determination and notice

(1) Determination

The Secretary of Energy, with the concurrence of the Secretary of State and the Secretary of Defense, may make a written determination that—

(A) threats arising from the proliferation of nuclear or radiological weapons or weapons-related materials, technologies, and expertise must be addressed urgently;

(B) certain provisions of law would unnecessarily impede the Secretary's ability to carry out nonproliferation activities of the National Nuclear Security Administration to address such threats; and

(C) it is necessary to expend amounts described in subsection (a) to carry out such activities.

(2) Notice required

Not later than 15 days before obligating or expending funds under the authority provided in subsection (a), the Secretary of Energy shall notify the appropriate congressional committees of the determination made under paragraph (1). The notice shall include—

(A) the determination;

(B) the activities to be undertaken by the nonproliferation programs of the National Nuclear Security Administration;

(C) the expected time frame for such activities; and

(D) the expected costs of such activities.

(c) Appropriate congressional committees

In this section, the term "appropriate congressional committees" means—

(1) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives; and

(2) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate.

(Pub. L. 111–84, div. C, title XXXI, §3120, Oct. 28, 2009, 123 Stat. 2710.)

Editorial Notes

Codification

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2010, and not as part of the National Nuclear Security Administration Act which comprises this chapter.

SUBCHAPTER V—MISCELLANEOUS PROVISIONS

§2461. Environmental protection, safety, and health requirements

(a) Compliance required

The Administrator shall ensure that the Administration complies with all applicable environmental, safety, and health statutes and substantive requirements.

(b) Procedures required

The Administrator shall develop procedures for meeting such requirements.

(c) Rule of construction

Nothing in this chapter shall diminish the authority of the Secretary of Energy to ascertain and ensure that such compliance occurs.

(Pub. L. 106–65, div. C, title XXXII, §3261, Oct. 5, 1999, 113 Stat. 967.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (c), was in the original "this title", meaning title XXXII of div. C of Pub. L. 106–65, Oct. 5, 1999, 113 Stat. 953, which is classified principally to this chapter. For complete classification of title XXXII to the Code, see Short Title note set out under section 2401 of this title and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

§2462. Compliance with Federal Acquisition Regulation

The Administrator shall establish procedures to ensure that the mission and programs of the Administration are executed in full compliance with all applicable provisions of the Federal Acquisition Regulation issued pursuant to section 1303(a)(1) of title 41.

(Pub. L. 106–65, div. C, title XXXII, §3262, Oct. 5, 1999, 113 Stat. 967; Pub. L. 113–66, div. C, title XXXI, §3145(g), Dec. 26, 2013, 127 Stat. 1071.)

Editorial Notes

Amendments

2013—Pub. L. 113–66 substituted "section 1303(a)(1) of title 41" for "the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)", which had been translated as "division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41" based on the enactment of Title 41, Public Contracts, by Pub. L. 111–350.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

§2463. Sharing of technology with Department of Defense

The Administrator shall, in cooperation with the Secretary of Defense, establish procedures and programs to provide for the sharing of technology, technical capability, and expertise between the Administration and the Department of Defense to further national security objectives.

(Pub. L. 106–65, div. C, title XXXII, §3263, Oct. 5, 1999, 113 Stat. 967.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

§2464. Use of capabilities of national security laboratories by entities outside the Administration

The Secretary of Energy, in consultation with the Administrator, shall establish appropriate procedures to provide for the cost-reimbursable use, in a manner consistent with the national security mission of the Administration under section 2401(b) of this title, of the capabilities of the national security laboratories by elements of the Department of Energy not within the Administration, other Federal agencies, and other appropriate entities, including the use of those capabilities to support efforts to defend against weapons of mass destruction.

(Pub. L. 106–65, div. C, title XXXII, §3264, Oct. 5, 1999, 113 Stat. 967; Pub. L. 113–66, div. C, title XXXI, §3145(h), Dec. 26, 2013, 127 Stat. 1072; Pub. L. 118–159, div. C, title XXXI, §3111(a)(4), Dec. 23, 2024, 138 Stat. 2293.)

Editorial Notes

Amendments

2024—Pub. L. 118–159 substituted "for the cost-reimbursable use" for "for the use".

2013—Pub. L. 113–66 inserted "of Energy" after "Secretary".

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

Establishment of Microlab Pilot Program

Pub. L. 114–92, div. C, title XXXI, §3120, Nov. 25, 2015, 129 Stat. 1198, provided that:

"(a) In General.—The Secretary of Energy, in consultation with the directors of the national security laboratories, may establish a microlab pilot program under which the Secretary establishes a microlab for the purposes of—

"(1) enhancing collaboration with regional research groups, such as institutions of higher education and industry groups;

"(2) accelerating technology transfer from national security laboratories to the marketplace; and

"(3) promoting regional workforce development through science, technology, engineering, and mathematics instruction and training.

"(b) Criteria.—

"(1) In general.—In determining the placement of a microlab under subsection (a), the Secretary shall consider—

"(A) the interest of a national security laboratory in establishing a microlab;

"(B) the existence of an available facility that has the capability to house a microlab;

"(C) whether employees of a national security laboratory and persons from academia, industry, and government are available to be assigned to the microlab; and

"(D) cost-sharing or in-kind contributions from State and local governments and private industry.

"(2) Cost-sharing.—The Secretary shall, to the extent feasible, require cost-sharing or in-kind contributions described in paragraph (1)(D) to cover the full cost of the microlab under subsection (a).

"(c) Timing.—If the Secretary, in consultation with the directors of the national security laboratories, elects to establish a microlab pilot program under this section, the Secretary, in collaboration with such directors, shall—

"(1) not later than 180 days after the date of the enactment of this Act [Nov. 25, 2015], begin the process of determining the placement of the microlab under subsection (a); and

"(2) not later than one year after such date of enactment, implement the microlab pilot program under this section.

"(d) Reports Required.—If the Secretary, in consultation with the directors of the national security laboratories, elects to establish a microlab pilot program under this section, the Secretary shall submit to the appropriate congressional committees—

"(1) not later than 120 days after the date of the implementation of the program, a report that provides an update on the implementation of the program; and

"(2) not later than one year after the date of the implementation of the program, a report on the program, including findings and recommendations of the Secretary with respect to the program.

"(e) Definitions.—In this section:

"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(A) the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate; and

"(B) the Committee on Armed Services, the Committee on Science, Space, and Technology, and the Committee on Energy and Commerce of the House of Representatives.

"(2) Microlab.—The term 'microlab' means a facility that is—

"(A) in close proximity to, but outside the perimeter of, a national security laboratory;

"(B) an extension of or affiliated with a national security laboratory; and

"(C) accessible to the public.

"(3) National security laboratory.—The term 'national security laboratory' has the meaning given that term in section 3281 of the National Nuclear Security Administration Act (50 U.S.C. 2471)."

§2465. Enhancing private-sector employment through cooperative research and development activities

(a) In general

The Administrator for Nuclear Security shall encourage cooperative research and development activities at the national security laboratories (as defined in section 2471 of this title) that lead to the creation of new private-sector employment opportunities.

(b) Reports

Not later than January 31 of each year from 2012 through 2017, the Administrator shall submit to Congress a report detailing the number of new private-sector employment opportunities created as a result of the previous years' cooperative research and development activities at each national security laboratory.

(Pub. L. 111–383, div. C, title XXXI, §3122, Jan. 7, 2011, 124 Stat. 4514.)

Editorial Notes

Codification

Section was enacted as part of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, and not as part of the National Nuclear Security Administration Act which comprises this chapter.

§2466. Use of funds for the purchase of options to purchase real property

(a) Authority

Subject to the limitation in subsection (b), funds authorized to be appropriated for the Administration for the purchase of real property may be expended to purchase options for the purchase of real property.

(b) Limitation on price of options

The price of any option purchased pursuant to subsection (a) may not exceed the minor construction threshold (as defined in section 2741 of this title).

(c) Notice

Not later than 14 days after the date an option is purchased pursuant to subsection (a), the Administrator shall submit to the congressional defense committees—

(1) a notification of such purchase; and

(2) a summary of the rationale for such purchase.

(Pub. L. 106–65, div. C, title XXXII, §3265, as added Pub. L. 117–263, div. C, title XXXI, §3119, Dec. 23, 2022, 136 Stat. 3055.)

SUBCHAPTER VI—DEFINITIONS

§2471. Definitions

For purposes of this chapter:

(1) The term "national security laboratory" means any of the following:

(A) Los Alamos National Laboratory, Los Alamos, New Mexico.

(B) Sandia National Laboratories, Albuquerque, New Mexico, and Livermore, California.

(C) Lawrence Livermore National Laboratory, Livermore, California.

(2) The term "nuclear weapons production facility" means any of the following:

(A) The Kansas City National Security Campus, Kansas City, Missouri.

(B) The Pantex Plant, Amarillo, Texas.

(C) The Y–12 National Security Complex, Oak Ridge, Tennessee.

(D) The Savannah River Site, Aiken, South Carolina.

(E) The Nevada National Security Site, Nevada.

(F) Any facility of the Department of Energy that the Secretary of Energy, in consultation with the Administrator and Congress, determines to be consistent with the mission of the Administration.

(3) The term "classified information" means any information that has been determined pursuant to Executive Order No. 12333 of December 4, 1981 ([former] 50 U.S.C. 401 note) [now 50 U.S.C. 3001 note], Executive Order No. 12958 of April 17, 1995 ([former] 50 U.S.C. 435 note), or successor orders, to require protection against unauthorized disclosure and that is so designated.

(4) The term "Restricted Data" has the meaning given such term in section 2014(y) of title 42.

(5) The term "congressional defense committees" means—

(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and

(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.

(6) The term "nuclear security enterprise" means the physical facilities, technology, and human capital of the national security laboratories and the nuclear weapons production facilities.

(Pub. L. 106–65, div. C, title XXXII, §3281, Oct. 5, 1999, 113 Stat. 968; Pub. L. 112–239, div. C, title XXXI, §3132(a)(3), (d)(3), (4), Jan. 2, 2013, 126 Stat. 2185, 2187; Pub. L. 113–66, div. C, title XXXI, §3145(i), Dec. 26, 2013, 127 Stat. 1072; Pub. L. 116–92, div. C, title XXXI, §3139(a), Dec. 20, 2019, 133 Stat. 1962.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this title", meaning title XXXII of div. C of Pub. L. 106–65, Oct. 5, 1999, 113 Stat. 953, which is classified principally to this chapter. For complete classification of title XXXII to the Code, see Short Title note set out under section 2401 of this title and Tables.

Executive Order No. 12958, referred to in par. (3), which was formerly set out as a note under section 435 (now section 3161) of this title, was revoked by Ex. Ord. No. 13526, §6.2(g), Dec. 29, 2009, 75 F.R. 731.

Amendments

2019—Par. (2)(A). Pub. L. 116–92 substituted "National Security Campus" for "Plant".

2013—Par. (2)(C). Pub. L. 112–239, §3132(d)(3)(A), substituted "Y–12 National Security Complex" for "Y–12 Plant".

Par. (2)(D). Pub. L. 112–239, §3132(d)(3)(B), struck out "tritium operations facilities at the" before "Savannah River Site".

Par. (2)(E). Pub. L. 112–239, §3132(d)(4), substituted "Nevada National Security Site" for "Nevada Test Site".

Par. (2)(F). Pub. L. 113–66 substituted "Congress" for "the Congress".

Par. (6). Pub. L. 112–239, §3132(a)(3), added par. (6).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

SUBCHAPTER VII—TRANSITION PROVISIONS

§2481. Functions transferred

(a) Transfers

There are hereby transferred to the Administrator all national security functions and activities performed immediately before October 5, 1999, by the following elements of the Department of Energy:

(1) The Office of Defense Programs.

(2) The Office of Nonproliferation and National Security.

(3) The Office of Fissile Materials Disposition.

(4) The nuclear weapons production facilities.

(5) The national security laboratories.

(6) The Office of Naval Reactors.

(b) Authority to transfer additional functions

The Secretary of Energy may transfer to the Administrator any other facility, mission, or function that the Secretary, in consultation with the Administrator and Congress, determines to be consistent with the mission of the Administration.

(c) Environmental remediation and waste management activities

In the case of any environmental remediation and waste management activity of any element of the Administration, the Secretary of Energy may determine to transfer responsibility for that activity to another element of the Department.

(d) Transfer of funds

(1) Any balance of appropriations that the Secretary of Energy determines is available and needed to finance or discharge a function, power, or duty or an activity that is transferred to the Administration shall be transferred to the Administration and used for any purpose for which those appropriations were originally available. Balances of appropriations so transferred shall—

(A) be credited to any applicable appropriation account of the Administration; or

(B) be credited to a new account that may be established on the books of the Department of the Treasury;

and shall be merged with the funds already credited to that account and accounted for as one fund.

(2) Balances of appropriations credited to an account under paragraph (1)(A) are subject only to such limitations as are specifically applicable to that account. Balances of appropriations credited to an account under paragraph (1)(B) are subject only to such limitations as are applicable to the appropriations from which they are transferred.

(e) Personnel

(1) With respect to any function, power, or duty or activity of the Department of Energy that is transferred to the Administration, those employees of the element of the Department of Energy from which the transfer is made that the Secretary of Energy determines are needed to perform that function, power, or duty, or for that activity, as the case may be, shall be transferred to the Administration.

(2) The authorized strength in civilian employees of any element of the Department of Energy from which employees are transferred under this section is reduced by the number of employees so transferred.

(Pub. L. 106–65, div. C, title XXXII, §3291, Oct. 5, 1999, 113 Stat. 968; Pub. L. 112–239, div. C, title XXXI, §3132(b)(1), Jan. 2, 2013, 126 Stat. 2185; Pub. L. 113–66, div. C, title XXXI, §3145(j), Dec. 26, 2013, 127 Stat. 1072.)

Editorial Notes

Amendments

2013—Subsec. (c). Pub. L. 112–239, §3132(b)(1)(A), substituted "of the Administration" for "specified in subsection (a)".

Subsec. (d). Pub. L. 112–239, §3132(b)(1)(B), added subsec. (d).

Subsec. (d)(1). Pub. L. 113–66 realigned margins of concluding provisions.

Subsec. (e). Pub. L. 112–239, §3132(b)(1)(B), added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

Construction

Pub. L. 112–239, div. C, title XXXI, §3132(b)(3), Jan. 2, 2013, 126 Stat. 2186, provided that: "Nothing in section 3291 of the National Nuclear Security Administration Act (50 U.S.C. 2481), as amended by paragraph (1), may be construed to affect any function or activity transferred by the Secretary of Energy to the Administrator for Nuclear Security before the date of the enactment of this Act [Jan. 2, 2013]."

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the advanced scientific computing research program and activities at Lawrence Livermore National Laboratory, including the functions of the Secretary of Energy relating thereto, to the Secretary of Homeland Security, see sections 183(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§§2482, 2483. Repealed. Pub. L. 112–239, div. C, title XXXI, §3132(c)(1)(B), (C), Jan. 2, 2013, 126 Stat. 2186, 2187

Section 2482, Pub. L. 106–65, div. C, title XXXII, §3292, Oct. 5, 1999, 113 Stat. 969, related to transfer of funds and employees.

Section 2483, Pub. L. 106–65, div. C, title XXXII, §3295, Oct. 5, 1999, 113 Stat. 970, related to transition provisions.

§2484. Applicability of preexisting laws and regulations

With respect to any facility, mission, or function of the Department of Energy that the Secretary of Energy transfers to the Administrator under section 2481 of this title, unless otherwise provided in this chapter, all provisions of law and regulations in effect immediately before the date of the transfer that are applicable to such facility, mission, or function shall continue to apply to the corresponding functions of the Administration.

(Pub. L. 106–65, div. C, title XXXII, §3296, Oct. 5, 1999, 113 Stat. 971; Pub. L. 112–239, div. C, title XXXI, §3132(b)(2), Jan. 2, 2013, 126 Stat. 2186.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this title", meaning title XXXII of div. C of Pub. L. 106–65, Oct. 5, 1999, 113 Stat. 953, which is classified principally to this chapter. For effective date of this chapter, see section 3299 of Pub. L. 106–65, set out as an Effective Date note under section 2401 of this title. For complete classification of title XXXII to the Code, see Short Title note set out under section 2401 of this title and Tables.

Amendments

2013—Pub. L. 112–239 amended section generally. Prior to amendment, text read as follows: "Unless otherwise provided in this chapter, all provisions of law and regulations in effect immediately before the effective date of this chapter that are applicable to functions of the Department of Energy specified in section 2481 of this title shall continue to apply to the corresponding functions of the Administration."

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

CHAPTER 42—ATOMIC ENERGY DEFENSE PROVISIONS

        

SUBCHAPTER I—ORGANIZATIONAL MATTERS

        

SUBCHAPTER II—NUCLEAR WEAPONS STOCKPILE MATTERS

Part A—Stockpile Stewardship and Weapons Production

        

Part B—Tritium

        

SUBCHAPTER III—PROLIFERATION MATTERS

        

SUBCHAPTER IV—DEFENSE ENVIRONMENTAL CLEANUP MATTERS

Part A—Defense Environmental Cleanup

        

Part B—Closure of Facilities

        

Part C—Hanford Reservation, Washington

        

Part D—Savannah River Site, South Carolina

        

SUBCHAPTER V—SAFEGUARDS AND SECURITY MATTERS

Part A—Safeguards and Security

        

Part B—Classified Information

        

SUBCHAPTER VI—PERSONNEL MATTERS

Part A—Personnel Management

        

Part B—Education and Training

        

Part C—Worker Safety

        

SUBCHAPTER VII—BUDGET AND FINANCIAL MANAGEMENT MATTERS

Part A—Recurring National Security Authorization Provisions

        

Part B—Penalties

        

Part C—Other Matters

        

SUBCHAPTER VIII—ADMINISTRATIVE MATTERS

Part A—Contracts

        

Part B—Research and Development

        

Part C—Facilities Management

        

Part D—Other Matters

        

§2501. Definitions

Except as otherwise provided, in this chapter:

(1) The term "Administration" means the National Nuclear Security Administration.

(2) The term "Administrator" means the Administrator for Nuclear Security.

(3) The term "classified information" means any information that has been determined pursuant to Executive Order No. 12333 of December 4, 1981 (50 U.S.C. 3001 note), Executive Order No. 12958 of April 17, 1995 (50 U.S.C. 3161 note), Executive Order No. 13526 of December 29, 2009 (50 U.S.C. 3161 note), or successor orders, to require protection against unauthorized disclosure and that is so designated.

(4) The term "congressional defense committees" means—

(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and

(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.

(5) The terms "defense nuclear facility" and "Department of Energy defense nuclear facility" have the meaning given the term "Department of Energy defense nuclear facility" in section 2286g of title 42.

(6) The term "nuclear security enterprise" means the physical facilities, technology, and human capital of the national security laboratories and the nuclear weapons production facilities.

(7) The term "national security laboratory" means any of the following:

(A) Los Alamos National Laboratory, Los Alamos, New Mexico.

(B) Sandia National Laboratories, Albuquerque, New Mexico, and Livermore, California.

(C) Lawrence Livermore National Laboratory, Livermore, California.

(8) The term "Nuclear Weapons Council" means the Nuclear Weapons Council established by section 179 of title 10.

(9) The term "nuclear weapons production facility" means any of the following:

(A) The Kansas City National Security Campus, Kansas City, Missouri.

(B) The Pantex Plant, Amarillo, Texas.

(C) The Y–12 National Security Complex, Oak Ridge, Tennessee.

(D) The Savannah River Site, Aiken, South Carolina.

(E) The Nevada National Security Site, Nevada.

(F) Any facility of the Department of Energy that the Secretary of Energy, in consultation with the Administrator and Congress, determines to be consistent with the mission of the Administration.

(10) The term "Restricted Data" has the meaning given such term in section 2014(y) of title 42.

(Pub. L. 107–314, div. D, §4002, as added Pub. L. 108–136, div. C, title XXXI, §3141(c)(2), Nov. 24, 2003, 117 Stat. 1756; amended Pub. L. 112–239, div. C, title XXXI, §3131(a)(1), Jan. 2, 2013, 126 Stat. 2179; Pub. L. 113–66, div. C, title XXXI, §3146(a)(1), Dec. 26, 2013, 127 Stat. 1072; Pub. L. 113–291, div. C, title XXXI, §3142(a), Dec. 19, 2014, 128 Stat. 3900; Pub. L. 116–92, div. C, title XXXI, §3139(b)(1), Dec. 20, 2019, 133 Stat. 1962.)

Editorial Notes

References in Text

Executive Order No. 12958, referred to in par. (3), which was formerly set out as a note under section 435 (now section 3161) of this title, was revoked by Ex. Ord. No. 13526, §6.2(g), Dec. 29, 2009, 75 F.R. 731.

Amendments

2019—Par. (9)(A). Pub. L. 116–92 substituted "National Security Campus" for "Plant".

2014—Par. (3). Pub. L. 113–291 substituted "Executive Order No. 12333 of December 4, 1981 (50 U.S.C. 3001 note), Executive Order No. 12958 of April 17, 1995 (50 U.S.C. 3161 note), Executive Order No. 13526 of December 29, 2009 (50 U.S.C. 3161 note)," for "Executive Order No. 12333 of December 4, 1981 (50 U.S.C. 401 note), Executive Order No. 12958 of April 17, 1995 (50 U.S.C. 435 note),".

2013—Pub. L. 113–66, §3146(a)(1)(A), substituted "Except as otherwise provided, in this chapter" for "In this chapter" in introductory provisions.

Pub. L. 112–239 amended section generally. Prior to amendment, section defined "congressional defense committees".

Pars. (5) to (10). Pub. L. 113–66, §3146(a)(1)(B)–(E), added pars. (5) and (8), redesignated former pars. (5), (6), (7), and (8) as (6), (7), (9), and (10), respectively, and, in par. (10), substituted "Restricted Data" for "restricted data".

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 107–314, div. D, §4001(a), formerly div. C, title XXXVI, §3601, Dec. 2, 2002, 116 Stat. 2756, renumbered div. D, §4001, and amended by Pub. L. 108–136, div. C, title XXXI, §3141(c)(1)(A)–(D)(ii), Nov. 24, 2003, 117 Stat. 1753, provided that: "This division [enacting this chapter] may be cited as the 'Atomic Energy Defense Act'."

Transfer and Consolidation of Recurring and General Provisions on Department of Energy National Security Programs

Pub. L. 108–136, div. C, title XXXI, §3141(a), Nov. 24, 2003, 117 Stat. 1752, provided that:

"(1) In general.—The purpose of this section [see Tables for classification] is to assemble together, without substantive amendment but with technical and conforming amendments of a non-substantive nature, recurring and general provisions of law on Department of Energy national security programs that remain in force in order to consolidate and organize such provisions of law into a single Act intended to comprise general provisions of law on such programs.

"(2) Construction of transfers.—The transfer of a provision of law by this section shall not be construed as amending, altering, or otherwise modifying the substantive effect of such provision.

"(3) Treatment of satisfied requirements.—Any requirement in a provision of law transferred under this section (including a requirement that an amendment to law be executed) that has been fully satisfied in accordance with the terms of such provision of law as of the date of transfer under this section shall be treated as so fully satisfied, and shall not be treated as being revived solely by reason of transfer under this section.

"(4) Classification.—The provisions of the Atomic Energy Defense Act [Pub. L. 107–314, div. D, 50 U.S.C. 2501 et seq.], as amended by this section, shall be classified to the United States Code as a new chapter of title 50, United States Code."

SUBCHAPTER I—ORGANIZATIONAL MATTERS

§2511. Naval Nuclear Propulsion Program

The provisions of Executive Order Numbered 12344, dated February 1, 1982, pertaining to the Naval Nuclear Propulsion Program, shall remain in force until changed by law.

(Pub. L. 107–314, div. D, title XLI, §4101, formerly Pub. L. 98–525, title XVI, §1634, Oct. 19, 1984, 98 Stat. 2649; renumbered Pub. L. 107–314, div. D, title XLI, §4101, and amended Pub. L. 108–136, div. C, title XXXI, §3141(d)(2), Nov. 24, 2003, 117 Stat. 1757.)

Editorial Notes

References in Text

Executive Order Numbered 12344, referred to in text, is set out as a note below.

Codification

Section was formerly set out as a note under section 7158 of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Executive Documents

Transfer of Functions

All national security functions and activities performed immediately before Oct. 5, 1999, by the Office of Naval Reactors transferred to the Administrator for Nuclear Security of the National Nuclear Security Administration of the Department of Energy, and the Deputy Administrator for Naval Reactors of the Administration to be assigned the responsibilities, authorities, and accountability for all functions of the Office of Naval Reactors under Executive Order No. 12344, set out below, see sections 2406 and 2481 of this title.

Executive Order No. 12344 To Remain in Force

Except as otherwise specified in section 2406 of this title and notwithstanding any other provision of title XXXII of Pub. L. 106–65 (see Short Title note set out under section 2401 of this title), the provisions of Executive Order No. 12344 (set out below) to remain in full force and effect until changed by law, see section 2406 of this title.

Ex. Ord. No. 12344. Naval Nuclear Propulsion Program

Ex. Ord. No. 12344, Feb. 1, 1982, 47 F.R. 4979, provided:

By the authority vested in me as President and as Commander in Chief of the Armed Forces of the United States of America, with recognition of the crucial importance to national security of the Naval Nuclear Propulsion Program, and for the purpose of preserving the basic structure, policies, and practices developed for this Program in the past and assuring that the Program will continue to function with excellence, it is hereby ordered as follows:

Section 1. The Naval Nuclear Propulsion Program is an integrated program carried out by two organizational units, one in the Department of Energy and the other in the Department of the Navy.

Sec. 2. Both organizational units shall be headed by the same individual so that the activities of each may continue in practice under common management. This individual shall direct the Naval Nuclear Propulsion Program in both departments. The director shall be qualified by reason of technical background and experience in naval nuclear propulsion. The director may be either a civilian or an officer of the United States Navy, active or retired.

Sec. 3. The Secretary of the Navy (through the Secretary of Defense) and the Secretary of Energy shall obtain the approval of the President to appoint the director of the Naval Nuclear Propulsion Program for their respective Departments. The director shall be appointed to serve a term of eight years, except that the Secretary of Energy and the Secretary of the Navy may, with mutual concurrence, terminate or extend the term of the respective appointments.

Sec. 4. An officer of the United States Navy appointed as director shall be nominated for the grade of Admiral. A civilian serving as director shall be compensated at a rate to be specified at the time of appointment.

Sec. 5. Within the Department of Energy, the Secretary of Energy shall assign to the director the responsibility of performing the functions of the Division of Naval Reactors transferred to the Department of Energy by Section 309(a) of the Department of Energy Organization Act (42 U.S.C. 7158), including assigned civilian power reactor programs, and any naval nuclear propulsion functions of the Department of Energy, including:

(a) direct supervision over the Bettis and Knolls Atomic Power Laboratories, the Expended Core Facility and naval reactor prototype plants;

(b) research, development, design, acquisition, specification, construction, inspection, installation, certification, testing, overhaul, refueling, operating practices and procedures, maintenance, supply support, and ultimate disposition, of naval nuclear propulsion plants, including components thereof, and any special maintenance and service facilities related thereto;

(c) the safety of reactors and associated navel [naval] nuclear propulsion plants, and control of radiation and radioactivity associated with naval nuclear propulsion activities, including prescribing and enforcing standards and regulations for these areas as they affect the environment and the safety and health of workers, operators, and the general public;

(d) training, including training conducted at the naval prototype reactors of the Department of Energy, and assistance and concurrence in the selection, training, qualification, and assignment of personnel reporting to the director and of personnel who supervise, operate, or maintain naval nuclear propulsion plants; and

(e) administration of the Naval Nuclear Propulsion Program, including oversight of program support in areas such as security, nuclear safeguards and transportation, public information, procurement, logistics and fiscal management.

Sec. 6. Within the Department of Energy, the director shall report to the Secretary of Energy, through the Assistant Secretary assigned nuclear energy functions and shall serve as a Deputy Assistant Secretary. The director shall have direct access to the Secretary of Energy and other senior officials in the Department of Energy concerning naval nuclear propulsion matters, and to all other personnel who supervise, operate or maintain naval nuclear propulsion plants and support facilities for the Department of Energy.

Sec. 7. Within the Department of the Navy, the Secretary of the Navy shall assign to the director responsibility to supervise all technical aspects of the Navy's nuclear propulsion work, including:

(a) research, development, design, procurement, specification, construction, inspection, installation, certification, testing, overhaul, refueling, operating practices and procedures, maintenance, supply support, and ultimate disposition, of naval nuclear propulsion plants, including components thereof, and any special maintenance and service facilities related thereto; and

(b) training programs, including Nuclear Power Schools of the Navy, and assistance and concurrence in the selection, training, qualification, and assignment of personnel reporting to the director and of Government personnel who supervise, operate, or maintain naval nuclear propulsion plants.

Sec. 8. Within the Department of the Navy, the Secretary of the Navy shall assign to the director responsibility within the Navy for:

(a) the safety of reactors and associated naval nuclear propulsion plants, and control of radiation and radioactivity associated with naval nuclear propulsion activities, including prescribing and enforcing standards and regulations for these areas as they affect the environment and the safety and health of workers, operators, and the general public.

(b) administration of the Naval Nuclear Propulsion Program, including oversight of program support in areas such as security, nuclear safeguards and transportation, public information, procurement, logistics, and fiscal management.

Sec. 9. In addition to any other organizational assignments within the Department of the Navy, the director shall report directly to the Chief of Naval Operations. The director shall have direct access to the Secretary of the Navy and other senior officials in the Department of the Navy concerning naval nuclear propulsion matters, and to all other Government personnel who supervise, operate, or maintain naval nuclear propulsion plants and support facilities.

Sec. 10. This Order is effective on February 1, 1982.

Ronald Reagan.      

§2512. Management structure for nuclear security enterprise

(a) In general

The Administrator shall establish a management structure for the nuclear security enterprise in accordance with the National Nuclear Security Administration Act (50 U.S.C. 2401 et seq.).

(b) National Nuclear Security Administration Council

(1) The Administrator shall establish a council to be known as the "National Nuclear Security Administration Council". The Council may advise the Administrator on—

(A) scientific and technical issues relating to policy matters;

(B) operational concerns;

(C) strategic planning;

(D) the development of priorities relating to the mission and operations of the Administration and the nuclear security enterprise; and

(E) such other matters as the Administrator determines appropriate.

(2) The Council shall be composed of the directors of the national security laboratories and the nuclear weapons production facilities.

(3) The Council may provide the Administrator or the Secretary of Energy recommendations—

(A) for improving the governance, management, effectiveness, and efficiency of the Administration; and

(B) relating to any other matter in accordance with paragraph (1).

(4) Not later than 60 days after the date on which any recommendation under paragraph (3) is received, the Administrator or the Secretary, as the case may be, shall respond to the Council with respect to whether such recommendation will be implemented and the reasoning for implementing or not implementing such recommendation.

(Pub. L. 107–314, div. D, title XLI, §4102, formerly Pub. L. 104–201, div. C, title XXXI, §3140, Sept. 23, 1996, 110 Stat. 2833; renumbered Pub. L. 107–314, div. D, title XLI, §4102, and amended Pub. L. 108–136, div. C, title XXXI, §3141(d)(3), Nov. 24, 2003, 117 Stat. 1757; Pub. L. 112–239, div. C, title XXXI, §3113(a), Jan. 2, 2013, 126 Stat. 2169; Pub. L. 113–291, div. C, title XXXI, §3142(b), Dec. 19, 2014, 128 Stat. 3900.)

Editorial Notes

References in Text

The National Nuclear Security Administration Act, referred to in subsec. (a), is Pub. L. 106–65, div. C, title XXXII, Oct. 5, 1999, 113 Stat. 953, which is classified principally to chapter 41 (§2401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2401 of this title and Tables.

Codification

Section was formerly set out as a note under section 7252 of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2014—Subsec. (b)(3). Pub. L. 113–291, §3142(b)(1), struck out "for improving the" after "recommendations" in introductory provisions.

Subsec. (b)(3)(A). Pub. L. 113–291, §3142(b)(2), inserted "for improving the" before "governance".

Subsec. (b)(3)(B). Pub. L. 113–291, §3142(b)(3), inserted "relating to" before "any other".

2013—Pub. L. 112–239 amended section generally. Prior to amendment, section related to reorganization of field activities and management of national security functions.

2003—Subsec. (d)(2). Pub. L. 108–136, §3141(d)(3)(D), substituted "January 21, 1997," for "120 days after the date of the enactment of this Act,".

Statutory Notes and Related Subsidiaries

Monitoring of Industrial Base for Nuclear Weapons Components, Subsystems, and Materials

Pub. L. 116–283, div. C, title XXXI, §3113, Jan. 1, 2021, 134 Stat. 4378, as amended by Pub. L. 117–81, div. C, title XXXI, §3135, Dec. 27, 2021, 135 Stat. 2231, provided that:

"(a) Designation of Official.—Not later than March 1, 2021, the Administrator for Nuclear Security shall designate a senior official within the National Nuclear Security Administration to be responsible for monitoring the industrial base that supports the nuclear weapons components, subsystems, and materials of the Administration, including—

"(1) the consistent monitoring of the current status of the industrial base;

"(2) tracking of industrial base issues over time; and

"(3) proactively identifying gaps or risks in specific areas relating to the industrial base.

"(b) Provision of Resources.—The Administrator shall ensure that the official designated under subsection (a) is provided with resources sufficient to conduct the monitoring required by that subsection.

"(c) Consultations.—The Administrator, acting through the official designated under subsection (a), shall, to the extent practicable and beneficial, in conducting the monitoring required by that subsection, consult with—

"(1) officials of the Department of Defense who are members of the Nuclear Weapons Council established under section 179 of title 10, United States Code;

"(2) officials of the Department of Defense responsible for the defense industrial base; and

"(3) other components of the Department of Energy that rely on similar components, subsystems, or materials.

"(d) Briefings.—

"(1) Initial briefing.—Not later than April 1, 2021, the Administrator shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the designation of the official required by subsection (a), including on—

"(A) the responsibilities assigned to that official; and

"(B) the plan for providing that official with resources sufficient to conduct the monitoring required by subsection (a).

"(2) Subsequent briefings.—Not later than April 1, 2022, and annually thereafter through 2024, the Administrator shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on activities carried out under this section that includes an assessment of the progress made by the official designated under subsection (a) in conducting the monitoring required by that subsection.

"(e) Reports.—The Administrator, acting through the official designated under subsection (a), shall submit to the Committees on Armed Services of the Senate and the House of Representatives, contemporaneously with each briefing required by subsection (d)(2), a report—

"(1) identifying actual or potential risks to or specific gaps in any element of the industrial base that supports the nuclear weapons components, subsystems, or materials of the National Nuclear Security Administration;

"(2) describing the actions the Administration is taking to further assess, characterize, and prioritize such risks and gaps;

"(3) describing mitigating actions, if any, the Administration has underway or planned to mitigate any such risks or gaps;

"(4) setting forth the anticipated timelines and resources needed for such mitigating actions; and

"(5) describing the nature of any coordination with or burden sharing by other departments or agencies of the Federal Government or the private sector to address such risks and gaps."

Common Financial Reporting System for the Nuclear Security Enterprise

Pub. L. 114–328, div. C, title XXXI, §3113, Dec. 23, 2016, 130 Stat. 2757, provided that:

"(a) In General.—By not later than four years after the date of the enactment of this Act [Dec. 23, 2016], the Administrator for Nuclear Security shall, in consultation with the National Nuclear Security Administration Council established by section 4102(b) of the Atomic Energy Defense Act (50 U.S.C. 2512(b)), complete, to the extent practicable, the implementation of a common financial reporting system for the nuclear security enterprise.

"(b) Elements.—The common financial reporting system implemented pursuant to subsection (a) shall include the following:

"(1) Common data reporting requirements for work performed using funds of the National Nuclear Security Administration, including reporting of financial data by standardized labor categories, labor hours, functional elements, and cost elements.

"(2) A common work breakdown structure for the Administration that aligns contractor work breakdown structures with the budget structure of the Administration.

"(3) Definitions and methodologies for identifying and reporting costs for programs of records and base capabilities within the Administration.

"(4) A capability to leverage, where appropriate, the Defense Cost Analysis Resource Center of the Office of Cost Assessment and Program Evaluation of the Department of Defense using historical costing data by the Administration.

"(c) Reports.—

"(1) In general.—Not later than March 1, 2017, and annually thereafter, the Administrator shall, in consultation with the National Nuclear Security Administration Council, submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on progress of the Administration toward implementing a common financial reporting system for the nuclear security enterprise as required by subsection (a).

"(2) Report.—Each report under this subsection shall include the following:

"(A) A summary of activities, accomplishments, challenges, benefits, and costs related to the implementation of a common financial reporting system for the nuclear security enterprise during the year preceding the year in which such report is submitted.

"(B) A summary of planned activities in connection with the implementation of a common financial reporting system for the nuclear security enterprise in the year in which such report is submitted.

"(C) A description of any anticipated modifications to the schedule for implementing a common financial reporting system for the nuclear security enterprise, including an update on possible risks, challenges, and costs related to such implementation.

"(3) Termination.—No report is required under this subsection after the completion of the implementation of a common financial reporting system for the nuclear security enterprise.

"(d) Nuclear Security Enterprise Defined.—In this section, the term 'nuclear security enterprise' has the meaning given that term in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501)."

Industry Best Practices in Operations at National Nuclear Security Administration Facilities and Sites

Pub. L. 114–328, div. C, title XXXI, §3118, Dec. 23, 2016, 130 Stat. 2762, authorized the Administrator for Nuclear Security to establish within the National Nuclear Security Administration a committee to identify and oversee the implementation of best practices of industry in the operations of the facilities and sites of the Administration. The Administrator would submit to the appropriate congressional committees an annual report on the activities of the committee during the preceding calendar year not later than 60 days after the date on which the budget of the President for a fiscal year after fiscal year 2017 was submitted to Congress pursuant to section 1105(a) of title 31. The committee would terminate after the submittal of the annual report that covered 2021.

Governance and Management of Nuclear Security Enterprise

Pub. L. 114–92, div. C, title XXXI, §3137, Nov. 25, 2015, 129 Stat. 1213, provided that:

"(a) Sense of Congress.—It is the sense of Congress that—

"(1) correcting the longstanding problems with the governance and management of the nuclear security enterprise will require robust, personal, and long-term engagement by the President, the Secretary of Energy, the Administrator for Nuclear Security, and leaders from the appropriate congressional committees;

"(2) recent and past studies of the governance and management of the nuclear security enterprise have provided a list of reasonable, practical, and actionable steps that the Secretary and the Administrator should take to make the nuclear security enterprise more efficient and more effective; and

"(3) lasting and effective change to the nuclear security enterprise will require personal engagement by senior leaders, a clear plan, and mechanisms for ensuring follow-through and accountability.

"(b) Implementation Plan.—

"(1) Implementation action team.—(A) The Secretary and the Administrator shall jointly establish a team of senior officials from the Department of Energy and the National Nuclear Security Administration to develop and carry out an implementation plan to reform the governance and management of the nuclear security enterprise to improve the effectiveness and efficiency of the nuclear security enterprise. Such plan shall be developed and implemented in accordance with the National Nuclear Security Administration Act (50 U.S.C. 2401 et seq.), the Atomic Energy Defense Act (50 U.S.C. 2501 et seq.), and any other provision of law.

"(B) The team established under paragraph (1) shall be co-chaired by the Deputy Secretary of Energy and the Administrator.

"(C) In developing and carrying out the implementation plan, the team shall consult with the implementation assessment panel established under subsection (c)(1).

"(2) Elements.—The implementation plan developed under paragraph (1)(A) shall address all recommendations contained in the covered study (except such recommendations that require legislative action to carry out) by identifying specific actions, milestones, timelines, and responsible personnel to implement such plan.

"(3) Submission.—Not later than March 31, 2016, the Secretary and the Administrator shall jointly submit to the appropriate congressional committees the implementation plan developed under paragraph (1)(A).

"(c) Implementation Assessment Panel.—

"(1) Agreement.—Not later than 60 days after the date of the enactment of this Act [Nov. 25, 2015], the Administrator shall seek to enter into a joint agreement with the National Academy of Sciences and the National Academy of Public Administration to establish a panel of external, independent experts to evaluate the implementation plan developed under subsection (b)(1)(A) and the implementation of such plan.

"(2) Duties.—The panel established under paragraph (1) shall—

"(A) provide guidance to the Secretary and the Administrator with respect to the implementation plan developed under subsection (b)(1)(A), including how such plan compares or contrasts with the covered study;

"(B) track the implementation of such plan; and

"(C) assess the effectiveness of such plan.

"(3) Reports.—(A) Not later than July 1, 2016, the panel established under paragraph (1) shall submit to the appropriate congressional committees, the Secretary, and the Administrator an initial assessment of the implementation plan developed under subsection (b)(1)(A), including with respect to the completeness of the plan, how the plan aligns with the intent and recommendations made by the covered study, and the prospects for success for the plan.

"(B) Beginning February 28, 2017, and semiannually thereafter through 2020, the panel established under paragraph (1) shall brief the appropriate congressional committees, the Secretary, and the Administrator on the efforts of the Secretary and the Administrator to implement the implementation plan developed under subsection (b)(1)(A).

"(C) Not later than September 30, 2020, the panel established under paragraph (1) shall submit to the appropriate congressional committees, the Secretary, and the Administrator a final report on the efforts of the Secretary and the Administrator to implement the implementation plan developed under subsection (b)(1)(A), including an assessment of the effectiveness of the reform efforts under such plan and whether further action is needed.

"(4) Cooperation.—The Secretary and the Administrator shall provide to the panel established under paragraph (1) full and timely access to all information, personnel, and systems of the Department of Energy and the National Nuclear Security Administration that the panel determines necessary to carry out this subsection.

"(d) Definitions.—In this section:

"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate; and

"(B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Energy and Commerce of the House of Representatives.

"(2) Covered study.—The term 'covered study' means the following:

"(A) The final report of the Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise established by section 3166 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2208).

"(B) Any other study not conducted by the Secretary or the Administrator that the Secretary determines appropriate for purposes of this section.

"(3) Nuclear security enterprise.—The term 'nuclear security enterprise' has the meaning given that term in section 4002(6) of the Atomic Energy Defense Act (50 U.S.C. 2501(6)).

"(e) Rules of Construction.—Nothing in this section shall be construed to authorize any action—

"(1) in contravention of section 3220 of the National Nuclear Security Administration Act (50 U.S.C. 2410); or

"(2) that would undermine or weaken health, safety, or security."

Clarification of Role of Secretary of Energy

Pub. L. 113–66, div. C, title XXXI, §3141, Dec. 26, 2013, 127 Stat. 1069, provided that: "The amendment made by section 3113 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2169) to section 4102 of the Atomic Energy Defense Act (50 U.S.C. 2512) may not be construed as affecting the authority of the Secretary of Energy, in carrying out national security programs, with respect to the management, planning, and oversight of the National Nuclear Security Administration or as affecting the delegation by the Secretary of authority to carry out such activities, as set forth under subsection (a) of such section 4102 as it existed before the amendment made by such section 3113."

§2513. Restriction on licensing requirement for certain defense activities and facilities

None of the funds authorized to be appropriated by the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1981 (Public Law 96–540; 94 Stat. 3197) or any other Act may be used for any purpose related to licensing of any defense activity or facility of the Department of Energy by the Nuclear Regulatory Commission.

(Pub. L. 107–314, div. D, title XLI, §4103, formerly Pub. L. 96–540, title II, §210, Dec. 17, 1980, 94 Stat. 3202; renumbered Pub. L. 107–314, div. D, title XLI, §4103, and amended Pub. L. 108–136, div. C, title XXXI, §3141(d)(4), Nov. 24, 2003, 117 Stat. 1757; Pub. L. 113–66, div. C, title XXXI, §3146(b), Dec. 26, 2013, 127 Stat. 1073.)

Editorial Notes

References in Text

The Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1981, referred to in text, is Pub. L. 96–540, Dec. 17, 1980, 94 Stat. 3197, which enacted this section and section 2762 of this title. For complete classification of this Act to the Code, see Tables.

Codification

Section was formerly classified to section 7272 of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Prior Provisions

Provisions similar to those in this section were contained in the following appropriations act:

Pub. L. 96–164, title II, §210, Dec. 29, 1979, 93 Stat. 1264.

Amendments

2013—Pub. L. 113–66 inserted "; 94 Stat. 3197" after "Public Law 96–540".

2003—Pub. L. 108–136, §3131(d)(4)(C)(iii), substituted "the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1981 (Public Law 96–540) or any other Act" for "this or any other Act".

Executive Documents

Transfer of Functions

For transfer of certain functions from Nuclear Regulatory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of Title 42, The Public Health and Welfare.

§2514. Transferred

Editorial Notes

Codification

Section, Pub. L. 112–81, div. A, title X, §1077, Dec. 31, 2011, 125 Stat. 1596, which related to reports to Congress on the modification of the force structure for the strategic nuclear weapons delivery systems of the United States, was transferred to section 493 of Title 10, Armed Forces, by Pub. L. 112–239, div. A, title X, §1031(b)(3)(B)(i)–(iii), Jan. 2, 2013, 126 Stat. 1918.

§2515. Establishment of Center for Security Technology, Analysis, Response, and Testing

(a) Establishment

The Administrator for Nuclear Security shall establish within the nuclear security enterprise (as defined in section 2501 of this title) a Center for Security Technology, Analysis, Response, and Testing.

(b) Duties

The center established under subsection (a) shall carry out the following:

(1) Provide to the Administrator, the Chief of Defense Nuclear Security, and the management and operating contractors of the nuclear security enterprise a wide range of objective expertise on security technologies, systems, analysis, testing, and response forces.

(2) Assist the Administrator in developing standards, requirements, analysis methods, and testing criteria with respect to security.

(3) Collect, analyze, and distribute lessons learned with respect to security.

(4) Support inspections and oversight activities with respect to security.

(5) Promote professional development and training for security professionals.

(6) Provide for advance and bulk procurement for security-related acquisitions that affect multiple facilities of the nuclear security enterprise.

(7) Advocate for continual improvement and security excellence throughout the nuclear security enterprise.

(8) Such other duties as the Administrator may assign.

(Pub. L. 113–66, div. C, title XXXI, §3116, Dec. 26, 2013, 127 Stat. 1058.)

Editorial Notes

Codification

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2014, and not as part of the Atomic Energy Defense Act which comprises this chapter.

SUBCHAPTER II—NUCLEAR WEAPONS STOCKPILE MATTERS

Part A—Stockpile Stewardship and Weapons Production

§2521. Stockpile stewardship program

(a) Establishment

The Secretary of Energy, acting through the Administrator, shall establish a stewardship program to ensure—

(1) the preservation of the core intellectual and technical competencies of the United States in nuclear weapons, including weapons design, system integration, manufacturing, security, use control, reliability assessment, and certification; and

(2) that the nuclear weapons stockpile is safe, secure, and reliable without the use of underground nuclear weapons testing.

(b) Program elements

The program shall include the following:

(1) An increased level of effort for the construction of new facilities and the modernization of existing facilities with production and manufacturing capabilities that are necessary to support the deterrence of strategic attacks against the United States by maintaining and enhancing the performance, reliability, and security of the United States nuclear weapons stockpile, including—

(A) the nuclear weapons production facilities; and

(B) production and manufacturing capabilities resident in the national security laboratories.

(2) Support for advanced computational capabilities to enhance the simulation and modeling capabilities of the United States with respect to the performance over time of nuclear weapons.

(3) Support for above-ground experimental programs, such as hydrotesting, high-energy lasers, inertial confinement fusion, plasma physics, and materials research.

(4) Support for the modernization of facilities and projects that contribute to the experimental capabilities of the United States that support the sustainment and modernization of the United States nuclear weapons stockpile and the capabilities required to assess nuclear weapons effects.

(5) Support for the use of, and experiments facilitated by, the advanced experimental facilities of the United States, including—

(A) the National Ignition Facility at Lawrence Livermore National Laboratory;

(B) the Dual Axis Radiographic Hydrodynamic Test Facility at Los Alamos National Laboratory;

(C) the Z Machine at Sandia National Laboratories; and

(D) the experimental facilities at the Nevada National Security Site.

(Pub. L. 107–314, div. D, title XLII, §4201, formerly Pub. L. 103–160, div. C, title XXXI, §3138, Nov. 30, 1993, 107 Stat. 1946; Pub. L. 105–85, div. C, title XXXI, §3152(e), Nov. 18, 1997, 111 Stat. 2042; renumbered Pub. L. 107–314, div. D, title XLII, §4201, by Pub. L. 108–136, div. C, title XXXI, §3141(e)(2), Nov. 24, 2003, 117 Stat. 1758; Pub. L. 111–84, div. C, title XXXI, §3111, Oct. 28, 2009, 123 Stat. 2702; Pub. L. 112–239, div. C, title XXXI, §3131(b), (bb)(1)(C), Jan. 2, 2013, 126 Stat. 2180, 2185; Pub. L. 113–66, div. C, title XXXI, §3146(c)(1), Dec. 26, 2013, 127 Stat. 1073; Pub. L. 118–159, div. C, title XXXI, §3111(c)(1), Dec. 23, 2024, 138 Stat. 2293.)

Editorial Notes

Codification

Section was formerly set out as a note under section 2121 of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2024—Subsec. (b)(1). Pub. L. 118–159, §3111(c)(1)(C), added par. (1). Former par. (1) redesignated (2).

Subsec. (b)(2), (3). Pub. L. 118–159, §3111(c)(1)(B), (D), (E), redesignated pars. (1) and (2) as (2) and (3), respectively, and substituted "Support" for "An increased level of effort". Former par. (3) redesignated (4).

Subsec. (b)(4). Pub. L. 118–159, §3111(c)(1)(B), (F), redesignated par. (3) as (4) and amended it generally. Prior to amendment, par. read as follows: "Support for new facilities construction projects that contribute to the experimental capabilities of the United States, such as an advanced hydrodynamics facility, the National Ignition Facility, and other facilities for above-ground experiments to assess nuclear weapons effects."

Subsec. (b)(5). Pub. L. 118–159, §3111(c)(1)(A), (B), redesignated par. (4) as (5) and struck out former par. (5) which related to support for facilities with production and manufacturing capabilities that are necessary to ensure the safety, security, and reliability of the nuclear weapons stockpile.

2013—Subsec. (a). Pub. L. 113–66, §3146(c)(1)(A), struck out "for Nuclear Security" after "Administrator" in introductory provisions.

Subsec. (b)(4)(D). Pub. L. 113–66, §3146(c)(1)(B)(i), which directed substitution of "Nevada National Security Site" for "Nevada national security site", could not be executed because the words "Nevada National Security Site" already appeared in text after the amendment by Pub. L. 112–239, §3131(bb)(1)(C). See below.

Pub. L. 112–239, §3131(bb)(1)(C), which directed substitution of "Nevada National Security Site" for "Nevada Test Site", was executed by making the substitution for "Nevada test site", to reflect the probable intent of Congress.

Subsec. (b)(5). Pub. L. 113–66, §3146(c)(1)(B)(ii), added subpar. (A), redesignated subpar. (E) as (B), and struck out former subpars. (A) to (D) which read as follows:

"(A) the Pantex Plant;

"(B) the Y–12 National Security Complex;

"(C) the Kansas City Plant;

"(D) the Savannah River Site; and".

Subsec. (b)(5)(E). Pub. L. 112–239, §3131(b), struck out "(as defined in section 2471 of this title)" after "laboratories".

2009—Subsec. (a). Pub. L. 111–84, §3111(a), amended subsec. (a) generally. Prior to amendment, text read as follows: "The Secretary of Energy shall establish a stewardship program to ensure the preservation of the core intellectual and technical competencies of the United States in nuclear weapons, including weapons design, system integration, manufacturing, security, use control, reliability assessment, and certification."

Subsec. (b)(1). Pub. L. 111–84, §3111(b)(1), substituted "performance over time" for "detonation".

Subsec. (b)(4), (5). Pub. L. 111–84, §3111(b)(2), added pars. (4) and (5).

Subsec. (c). Pub. L. 111–84, §3111(c), struck out subsec. (c). Text read as follows: "Of funds authorized to be appropriated to the Secretary of Energy for fiscal year 1994 for weapons activities, $157,400,000 shall be available for the stewardship program established under subsection (a)."

1997—Subsec. (d). Pub. L. 105–85, which directed amendment of this section by striking out subsecs. (d) and (e), redesignating subsecs. (f) to (h) as (d) to (f), respectively, and striking out "and the 60-day period referred to in subsection (e)(2)(A)(ii)" in subsec. (e), as so redesignated, was executed by striking out subsec. (d) which directed President to report to Congress, because this section did not contain subsecs. (e) to (g).

Statutory Notes and Related Subsidiaries

Portfolio Management Framework for National Nuclear Security Administration

Pub. L. 117–81, div. C, title XXXI, §3121, Dec. 27, 2021, 135 Stat. 2228, provided that:

"(a) In General.—Not later than one year after the date of the enactment of this Act [Dec. 27, 2021], the Administrator for Nuclear Security shall—

"(1) in consultation with the Nuclear Weapons Council established under section 179 of title 10, United States Code, develop and implement a portfolio management framework for the nuclear security enterprise that—

"(A) defines the National Nuclear Security Administration's portfolio of nuclear weapons stockpile and infrastructure maintenance and modernization programs;

"(B) establishes a portfolio governance structure, including portfolio-level selection criteria, prioritization criteria, and performance metrics;

"(C) outlines the approach of the National Nuclear Security Administration to managing that portfolio; and

"(D) incorporates the leading practices identified by the Comptroller General of the United States in the report titled 'Nuclear Security Enterprise: NNSA Should Use Portfolio Management Leading Practices to Support Modernization Efforts' (GAO–21–398) and dated June 2021; and

"(2) complete an integrated, comprehensive assessment of the portfolio management capabilities required to execute the weapons activities portfolio of the National Nuclear Security Administration.

"(b) Briefing Requirement.—Not later than June 1, 2022, the Administrator shall provide to the congressional defense committees a briefing on—

"(1) the progress of the Administrator in developing the framework described in paragraph (1) of subsection (a) and completing the assessment required by paragraph (2) of that subsection; and

"(2) the plans of the Administrator for implementing the recommendations of the Comptroller General in the report referred to in paragraph (1)(D) of that subsection.

"(c) Nuclear Security Enterprise Defined.—In this section, the term 'nuclear security enterprise' has the meaning given that term in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501)."

Nuclear Warhead Design Competition

Pub. L. 115–91, div. C, title XXXI, §3118, Dec. 12, 2017, 131 Stat. 1890, provided that:

"(a) Findings.—Congress finds the following:

"(1) In January 2016, the co-chairs of a congressionally mandated study panel from the National Academies of Science testified to the following before the Committee on Armed Services of the House of Representatives:

"(A) 'The National Nuclear Security Administration (NNSA) complex must engage in robust design competitions in order to exercise the design and production skills that underpin stockpile stewardship and are necessary to meet evolving threats.'.

"(B) 'To exercise the full set of design skills necessary for an effective nuclear deterrent, the NNSA should develop and conduct the first in what the committee envisions to be a series of design competitions that integrate the full end-to-end process from novel design conception through engineering, building, and non-nuclear testing of a prototype.'.

"(2) In March 2016 testimony before the Committee on Armed Services of the House of Representatives regarding a December 2016 Defense Science Board report entitled, 'Seven Defense Priorities for the New Administration', members of that Board said the following:

"(A) 'A key contributor to nuclear deterrence is the continuous, adaptable exercise of the development, design, and production functions for nuclear weapons in both the DOD and DOE. . . . Yet the DOE laboratories and DOD contractor community have done little integrated design and development work outside of life extension for 25 years, let alone concept development that could serve as a hedge to surprise.'.

"(B) 'The Defense Science Board believes that the triad's complementary features remain robust tenets for the design of a future force. Replacing our current, aging force is essential, but not sufficient in the more complex nuclear environment we now face to provide the adaptability or flexibility to confidently hold at risk what adversaries value. In particular, if the threat evolves in ways that favorably change the cost/benefit calculus in the view of an adversary's leadership, then we should be in a position to quickly restore a credible deterrence posture.'.

"(3) In a memorandum dated May 9, 2014, then-Secretary of Energy Ernie Moniz said the following:

"(A) 'If nuclear military capabilities are to provide deterrence for the nation they need to be relevant to the emerging global strategic environment. The current stockpile was designed to meet the needs of a bipolar world with roots in the Cold War era. A more complex, chaotic, and dynamic security environment is emerging. In order to uphold the Department's mission to ensure an effective nuclear deterrent. . . . we must ensure our nuclear capabilities meet the challenges of known and potential geopolitical and technological trends. Therefore we must look ahead, using the expertise of our laboratories, to how the capabilities that may be employed by other nations could impact deterrence over the next several decades.'.

"(B) 'We must challenge our thinking about our programs of record in order to permit foresighted actions that may reduce, in the coming decades, the chances for surprise and that buttress deterrence.'.

"(b) Design Competition.—

"(1) In general.—In accordance with paragraph (2), the Administrator for Nuclear Security, in coordination with the Chairman of the Nuclear Weapons Council, shall carry out a new and comprehensive design competition for a nuclear warhead that could be employed on ballistic missiles of the United States by 2030. Such competition shall—

"(A) examine options for warhead design and related delivery system requirements in the 2030s, including—

"(i) life extension of existing weapons;

"(ii) new capabilities; and

"(iii) such other concepts as the Administrator and the Chairman determine necessary to fully exercise and create responsive design capabilities in the enterprise and ensure a robust nuclear deterrent into the 2030s;

"(B) assess how the capabilities and defenses that may be employed by other countries could impact deterrence in 2030 and beyond and how such threats could be addressed or mitigated in the warhead and related delivery systems;

"(C) exercise the full set of design skills necessary for an effective nuclear deterrent and responsive enterprise through production of conceptual designs and, as the Administrator determines appropriate, production of non-nuclear prototypes of components or subsystems; and

"(D) examine and recommend actions for significantly shortening timelines and significantly reducing costs associated with design, development, certification, and production of the warhead, without reducing worker or public health and safety.

"(2) Timing.—The Administrator shall—

"(A) during fiscal year 2018, develop a plan to carry out paragraph (1); and

"(B) during fiscal year 2019, implement such plan.

"(c) Briefing.—Not later than March 1, 2018, the Administrator, in coordination with the Chairman, shall provide a briefing to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] on the plan of the Administrator to carry out the warhead design competition under subsection (b). Such briefing shall include an assessment of the costs, benefits, risks, and opportunities of such plan, particularly impacts to ongoing life extension programs and infrastructure projects."

Plan for Developing Exascale Computing and Incorporating Such Computing Into the Stockpile Stewardship Program

Pub. L. 113–66, div. C, title XXXI, §3129, Dec. 26, 2013, 127 Stat. 1066, provided that:

"(a) Plan Required.—The Administrator for Nuclear Security shall develop and carry out a plan to develop exascale computing and incorporate such computing into the stockpile stewardship program under section 4201 of the Atomic Energy Defense Act (50 U.S.C. 2521) during the 10-year period beginning on the date of the enactment of this Act [Dec. 26, 2013].

"(b) Milestones.—The plan required by subsection (a) shall include major programmatic milestones in—

"(1) the development of a prototype exascale computer for the stockpile stewardship program; and

"(2) mitigating disruptions resulting from the transition to exascale computing.

"(c) Coordination With Other Agencies.—In developing the plan required by subsection (a), the Administrator shall coordinate, as appropriate, with the Under Secretary of Energy for Science, the Secretary of Defense, and elements of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))).

"(d) Inclusion of Costs in Future-Years Nuclear Security Program.—The Administrator shall—

"(1) address, in the estimated expenditures and proposed appropriations reflected in each future-years nuclear security program submitted under section 3253 of the National Nuclear Security Administration Act (50 U.S.C. 2453) during the 10-year period beginning on the date of the enactment of this Act, the costs of—

"(A) developing exascale computing and incorporating such computing into the stockpile stewardship program; and

"(B) mitigating potential disruptions resulting from the transition to exascale computing; and

"(2) include in each such future-years nuclear security program a description of the costs of efforts to develop exascale computing borne by the National Nuclear Security Administration, the Office of Science of the Department of Energy, other Federal agencies, and private industry.

"(e) Submission to Congress.—The Administrator shall submit the plan required by subsection (a) to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] with each summary of the plan required by subsection (a) of section 4203 of the Atomic Energy Defense Act (50 U.S.C. 2523) submitted under subsection (b)(1) of that section during the 10-year period beginning on the date of the enactment of this Act.

"(f) Exascale Computing Defined.—In this section, the term 'exascale computing' means computing through the use of a computing machine that performs near or above 10 to the 18th power floating point operations per second."

§2522. Stockpile stewardship criteria

(a) Requirement for criteria

The Secretary of Energy shall develop clear and specific criteria for judging whether the science-based tools being used by the Department of Energy for determining the safety and reliability of the nuclear weapons stockpile are performing in a manner that will provide an adequate degree of certainty that the stockpile is safe and reliable.

(b) Coordination with Secretary of Defense

The Secretary of Energy, in developing the criteria required by subsection (a), shall coordinate with the Secretary of Defense.

(Pub. L. 107–314, div. D, title XLII, §4202, formerly Pub. L. 105–261, div. C, title XXXI, §3158, Oct. 17, 1998, 112 Stat. 2257; Pub. L. 106–65, div. A, title X, §1067(3), Oct. 5, 1999, 113 Stat. 774; renumbered Pub. L. 107–314, div. D, title XLII, §4202, by Pub. L. 108–136, div. C, title XXXI, §3141(e)(3), Nov. 24, 2003, 117 Stat. 1758; Pub. L. 111–84, div. C, title XXXI, §3112, Oct. 28, 2009, 123 Stat. 2703; Pub. L. 112–239, div. C, title XXXI, §3133(b)(1), (2), Jan. 2, 2013, 126 Stat. 2192.)

Editorial Notes

Codification

Section was formerly set out as a note under section 2121 of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2013—Pub. L. 112–239, §3133(b)(2), substituted "Stockpile stewardship criteria" for "Report on stockpile stewardship criteria" in section catchline.

Subsecs. (c), (d). Pub. L. 112–239, §3133(b)(1), struck out subsecs. (c) and (d), which related, respectively, to report and definitions.

2009—Subsec. (c). Pub. L. 111–84, §3112(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) required submission of report not later than Mar. 1, 2000, to Congressional committees on Department of Energy efforts to develop subsec. (a) criteria.

Subsec. (d). Pub. L. 111–84, §3112(b), added subsec. (d).

1999—Subsec. (c). Pub. L. 106–65 substituted "Committee on Armed Services" for "Committee on National Security" before "of the House of Representatives".

§2523. Nuclear weapons stockpile stewardship, management, and responsiveness plan

(a) Plan requirement

The Administrator, in consultation with the Secretary of Defense and other appropriate officials of the departments and agencies of the Federal Government, shall develop and annually update a plan for sustaining the nuclear weapons stockpile. The plan shall cover, at a minimum, stockpile stewardship, stockpile management, stockpile responsiveness, stockpile surveillance, program direction, infrastructure modernization, human capital, and nuclear test readiness. The plan shall be consistent with the programmatic and technical requirements of the most recent annual Nuclear Weapons Stockpile Memorandum.

(b) Submissions to Congress

(1) In accordance with subsection (c), not later than March 15 of each even-numbered year, the Administrator shall submit to the congressional defense committees a summary of the plan developed under subsection (a).

(2) In accordance with subsection (d), not later than March 15 of each odd-numbered year, the Administrator shall submit to the congressional defense committees a detailed report on the plan developed under subsection (a).

(3) The summaries and reports required by this subsection shall be submitted in unclassified form, but may include a classified annex.

(c) Elements of biennial plan summary

Each summary of the plan submitted under subsection (b)(1) shall include, at a minimum, the following:

(1) A summary of the status of the nuclear weapons stockpile, including the number and age of warheads (including both active and inactive) for each warhead type.

(2) A summary of the status, plans, budgets, and schedules for warhead life extension programs and any other programs to modify, update, or replace warhead types.

(3) A summary of the methods and information used to determine that the nuclear weapons stockpile is safe and reliable, as well as the relationship of science-based tools to the collection and interpretation of such information.

(4) A summary of the status of the nuclear security enterprise, including programs and plans for infrastructure modernization and retention of human capital, as well as associated budgets and schedules.

(5) A summary of the status, plans, and budgets for carrying out the stockpile responsiveness program under section 2538b of this title.

(6) A summary of the plan regarding the research and development, deployment, and lifecycle sustainment of technologies described in subsection (d)(7).

(7) A summary of the assessment under subsection (d)(8) regarding the execution of programs with current and projected budgets and any associated risks.

(8) Identification of any modifications or updates to the plan since the previous summary or detailed report was submitted under subsection (b).

(9) Such other information as the Administrator considers appropriate.

(d) Elements of biennial detailed report

Each detailed report on the plan submitted under subsection (b)(2) shall include, at a minimum, the following:

(1) With respect to stockpile stewardship, stockpile management, and stockpile responsiveness—

(A) the status of the nuclear weapons stockpile, including the number and age of warheads (including both active and inactive) for each warhead type;

(B) for each five-year period occurring during the period beginning on the date of the report and ending on the date that is 20 years after the date of the report—

(i) the planned number of nuclear warheads (including active and inactive) for each warhead type in the nuclear weapons stockpile; and

(ii) the past and projected future total lifecycle cost of each type of nuclear weapon;

(C) the status, plans, budgets, and schedules for warhead life extension programs and any other programs to modify, update, or replace warhead types;

(D) a description of the process by which the Administrator assesses the lifetimes, and requirements for life extension or replacement, of the nuclear and non-nuclear components of the warheads (including active and inactive warheads) in the nuclear weapons stockpile;

(E) a description of the process used in recertifying the safety, security, and reliability of each warhead type in the nuclear weapons stockpile;

(F) any concerns of the Administrator that would affect the ability of the Administrator to recertify the safety, security, or reliability of warheads in the nuclear weapons stockpile (including active and inactive warheads);

(G) mechanisms to provide for the manufacture, maintenance, and modernization of each warhead type in the nuclear weapons stockpile, as needed;

(H) mechanisms to expedite the collection of information necessary for carrying out the stockpile management program required by section 2524 of this title, including information relating to the aging of materials and components, new manufacturing techniques, and the replacement or substitution of materials;

(I) mechanisms to ensure the appropriate assignment of roles and missions for each national security laboratory and nuclear weapons production facility, including mechanisms for allocation of workload, mechanisms to ensure the carrying out of appropriate modernization activities, and mechanisms to ensure the retention of skilled personnel;

(J) mechanisms to ensure that each national security laboratory has full and complete access to all weapons data to enable a rigorous peer-review process to support the annual assessment of the condition of the nuclear weapons stockpile required under section 2525 of this title;

(K) mechanisms for allocating funds for activities under the stockpile management program required by section 2524 of this title, including allocations of funds by weapon type and facility;

(L) for each of the five fiscal years following the fiscal year in which the report is submitted, an identification of the funds needed to carry out the program required under section 2524 of this title;

(M) the status, plans, activities, budgets, and schedules for carrying out the stockpile responsiveness program under section 2538b of this title;

(N) for each of the five fiscal years following the fiscal year in which the report is submitted, an identification of the funds needed to carry out the program required under section 2538b of this title; and

(O) as required, when assessing and developing prototype nuclear weapons of foreign countries, a report from the directors of the national security laboratories on the need and plan for such assessment and development that includes separate comments on the plan from the Secretary of Energy and the Director of National Intelligence.

(2) With respect to science-based tools—

(A) a description of the information needed to determine that the nuclear weapons stockpile is safe and reliable;

(B) for each science-based tool used to collect information described in subparagraph (A), the relationship between such tool and such information and the effectiveness of such tool in providing such information based on the criteria developed pursuant to section 2522(a) of this title; and

(C) the criteria developed under section 2522(a) of this title (including any updates to such criteria).

(3) An assessment of the stockpile stewardship program under section 2521(a) of this title by the Administrator, in consultation with the directors of the national security laboratories, which shall set forth—

(A) an identification and description of—

(i) any key technical challenges to the stockpile stewardship program; and

(ii) the strategies to address such challenges without the use of nuclear testing;

(B) a strategy for using the science-based tools (including advanced simulation and computing capabilities) of each national security laboratory to ensure that the nuclear weapons stockpile is safe, secure, and reliable without the use of nuclear testing;

(C) an assessment of the science-based tools (including advanced simulation and computing capabilities) of each national security laboratory that exist at the time of the assessment compared with the science-based tools expected to exist during the period covered by the future-years nuclear security program; and

(D) an assessment of the core scientific and technical competencies required to achieve the objectives of the stockpile stewardship program and other weapons activities and weapons-related activities of the Administration, including—

(i) the number of scientists, engineers, and technicians, by discipline, required to maintain such competencies; and

(ii) a description of any shortage of such individuals that exists at the time of the assessment compared with any shortage expected to exist during the period covered by the future-years nuclear security program.

(4) With respect to the nuclear security infrastructure—

(A) a description of the modernization and refurbishment measures the Administrator determines necessary to meet the requirements prescribed in—

(i) the national security strategy of the United States as set forth in the most recent national security strategy report of the President under section 3043 of this title if such strategy has been submitted as of the date of the plan;

(ii) the most recent national defense strategy as of the date of the plan; and

(iii) the most recent Nuclear Posture Review as of the date of the plan;

(B) a schedule for implementing the measures described under subparagraph (A) during the 10-year period following the date of the plan;

(C) the estimated levels of annual funds the Administrator determines necessary to carry out the measures described under subparagraph (A), including a discussion of the criteria, evidence, and strategies on which such estimated levels of annual funds are based; and

(D)(i) a description of—

(I) the metrics (based on industry best practices) used by the Administrator to determine the infrastructure deferred maintenance and repair needs of the nuclear security enterprise; and

(II) the percentage of replacement plant value being spent on maintenance and repair needs of the nuclear security enterprise; and

(ii) an explanation of whether the annual spending on such needs complies with the recommendation of the National Research Council of the National Academies of Sciences, Engineering, and Medicine that such spending be in an amount equal to four percent of the replacement plant value, and, if not, the reasons for such noncompliance and a plan for how the Administrator will ensure facilities of the nuclear security enterprise are being properly sustained.

(5) With respect to the nuclear test readiness of the United States—

(A) an estimate of the period of time that would be necessary for the Administrator to conduct an underground test of a nuclear weapon once directed by the President to conduct such a test;

(B) a description of the level of test readiness that the Administrator, in consultation with the Secretary of Defense, determines to be appropriate;

(C) a list and description of the workforce skills and capabilities that are essential to carrying out an underground nuclear test at the Nevada National Security Site;

(D) a list and description of the infrastructure and physical plants that are essential to carrying out an underground nuclear test at the Nevada National Security Site; and

(E) an assessment of the readiness status of the skills and capabilities described in subparagraph (C) and the infrastructure and physical plants described in subparagraph (D).

(6) A strategy for the integrated management of plutonium for stockpile and stockpile stewardship needs over a 20-year period that includes the following:

(A) An assessment of the baseline science issues necessary to understand plutonium aging under static and dynamic conditions under manufactured and nonmanufactured plutonium geometries.

(B) An assessment of scientific and testing instrumentation for plutonium at elemental and bulk conditions.

(C) An assessment of manufacturing and handling technology for plutonium and plutonium components.

(D) An assessment of computational models of plutonium performance under static and dynamic loading, including manufactured and nonmanufactured conditions.

(E) An identification of any capability gaps with respect to the assessments described in subparagraphs (A) through (D).

(F) An estimate of costs relating to the issues, instrumentation, technology, and models described in subparagraphs (A) through (D) over the period covered by the future-years nuclear security program under section 2453 of this title.

(G) An estimate of the cost of eliminating the capability gaps identified under subparagraph (E) over the period covered by the future-years nuclear security program.

(H) Such other items as the Administrator considers important for the integrated management of plutonium for stockpile and stockpile stewardship needs.

(7) A plan for the research and development, deployment, and lifecycle sustainment of the technologies employed within the nuclear security enterprise to address physical and cyber security threats during the five fiscal years following the date of the report, together with—

(A) for each site in the nuclear security enterprise, a description of the technologies deployed to address the physical and cybersecurity threats posed to that site;

(B) for each site and for the nuclear security enterprise, the methods used by the Administration to establish priorities among investments in physical and cybersecurity technologies; and

(C) a detailed description of how the funds identified for each program element specified pursuant to paragraph (1) in the budget for the Administration for each fiscal year during that five-fiscal-year period will help carry out that plan.

(8) An assessment of whether the programs described by the report can be executed with current and projected budgets and any associated risks.

(9) Identification of any modifications or updates to the plan since the previous summary or detailed report was submitted under subsection (b).

(e) Nuclear Weapons Council assessment

(1) For each detailed report on the plan submitted under subsection (b)(2), the Nuclear Weapons Council shall conduct an assessment that includes the following:

(A) An analysis of the plan, including—

(i) whether the plan supports the requirements of the national security strategy of the United States referred to in subsection (d)(4)(A)(i), the most recent the national defense strategy, and the most recent Nuclear Posture Review;

(ii) whether the modernization and refurbishment measures described under subparagraph (A) of subsection (d)(4) and the schedule described under subparagraph (B) of such subsection are adequate to support such requirements; and

(iii) whether the plan supports the stockpile responsiveness program under section 2538b of this title in a manner that meets the objectives of such program and an identification of any improvements that may be made to the plan to better carry out such program.

(B) An analysis of whether the plan adequately addresses the requirements for infrastructure recapitalization of the facilities of the nuclear security enterprise.

(C) If the Nuclear Weapons Council determines that the plan does not adequately support modernization and refurbishment requirements under subparagraph (A) or the nuclear security enterprise facilities infrastructure recapitalization requirements under subparagraph (B), a risk assessment with respect to—

(i) supporting the annual certification of the nuclear weapons stockpile; and

(ii) maintaining the long-term safety, security, and reliability of the nuclear weapons stockpile.

(2) Not later than 180 days after the date on which the Administrator submits the plan under subsection (b)(2), the Nuclear Weapons Council shall submit to the congressional defense committees a report detailing the assessment required under paragraph (1).

(f) Definitions

In this section:

(1) The term "budget", with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31.

(2) The term "future-years nuclear security program" means the program required by section 2453 of this title.

(3) The term "national defense strategy" means the review of the defense programs and policies of the United States that is carried out every four years under section 113(g) of title 10.

(4) The term "nuclear security budget materials", with respect to a fiscal year, means the materials submitted to Congress by the Administrator in support of the budget for that fiscal year.

(5) The term "weapons activities" means each activity within the budget category of weapons activities in the budget of the Administration.

(6) The term "weapons-related activities" means each activity under the Department of Energy that involves nuclear weapons, nuclear weapons technology, or fissile or radioactive materials, including activities related to—

(A) nuclear nonproliferation;

(B) nuclear forensics;

(C) nuclear intelligence;

(D) nuclear safety; and

(E) nuclear incident response.

(Pub. L. 107–314, div. D, title XLII, §4203, formerly Pub. L. 105–85, div. C, title XXXI, §3151, Nov. 18, 1997, 111 Stat. 2041; renumbered Pub. L. 107–314, div. D, title XLII, §4203, by Pub. L. 108–136, div. C, title XXXI, §3141(e)(4), Nov. 24, 2003, 117 Stat. 1758; amended Pub. L. 108–375, div. C, title XXXI, §3115, Oct. 28, 2004, 118 Stat. 2162; Pub. L. 112–239, div. C, title XXXI, §3133(a)(1), Jan. 2, 2013, 126 Stat. 2187; Pub. L. 113–66, div. C, title XXXI, §§3123, 3146(a)(2)(A), Dec. 26, 2013, 127 Stat. 1061, 1072; Pub. L. 113–291, div. C, title XXXI, §3142(c), Dec. 19, 2014, 128 Stat. 3900; Pub. L. 114–92, div. C, title XXXI, §3112(c)(1), Nov. 25, 2015, 129 Stat. 1190; Pub. L. 115–91, div. C, title XXXI, §§3111(c), 3133(c)(1), 3134, 3135(a), Dec. 12, 2017, 131 Stat. 1882, 1896, 1898; Pub. L. 116–92, div. C, title XXXI, §3139(b)(2), Dec. 20, 2019, 133 Stat. 1962.)

Editorial Notes

Codification

Section was formerly set out as a note under section 2121 of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Prior Provisions

Provisions similar to those in this section were contained in the following prior authorization act:

Pub. L. 104–106, div. C, title XXXI, §3153, Feb. 10, 1996, 110 Stat. 624; repealed Pub. L. 105–85, div. C, title XXXI, §3152(c), Nov. 18, 1997, 111 Stat. 2042.

Amendments

2019—Subsec. (d)(4)(A)(ii). Pub. L. 116–92, §3139(b)(2)(A), substituted "national defense strategy" for "quadrennial defense review if such strategy has not been submitted".

Subsec. (e)(1)(A)(i). Pub. L. 116–92, §3139(b)(2)(B), substituted "referred to in subsection (d)(4)(A)(i), the most recent the national defense strategy, and the most recent" for "or the most recent quadrennial defense review, as applicable under subsection (d)(4)(A), and the".

Subsec. (f)(3), (4). Pub. L. 116–92, §3139(b)(2)(C), added par. (3), redesignated former par. (3) as (4), and struck out former par. (4) which read as follows: "The term 'quadrennial defense review' means the review of the defense programs and policies of the United States that is carried out every four years under section 118 of title 10."

2017—Subsec. (c)(6). Pub. L. 115–91, §3133(c)(1)(A)(ii), added par. (6). Former par. (6) redesignated (8).

Subsec. (c)(7). Pub. L. 115–91, §3134(1)(B), added par. (7). Former par. (7) redesignated (9).

Subsec. (c)(8), (9). Pub. L. 115–91, §§3133(c)(1)(A)(i), 3134(1)(A), redesignated pars. (6) and (7) first as (7) and (8) and then as (8) and (9), respectively.

Subsec. (d)(1)(O). Pub. L. 115–91, §3135(a), added subpar. (O).

Subsec. (d)(4)(D). Pub. L. 115–91, §3111(c), added subpar. (D).

Subsec. (d)(7). Pub. L. 115–91, §3133(c)(1)(B)(ii), added par. (7). Former par. (7) redesignated (9).

Subsec. (d)(8). Pub. L. 115–91, §3134(2)(B), added par. (8).

Subsec. (d)(9). Pub. L. 115–91, §§3133(c)(1)(B)(i), 3134(2)(A), redesignated par. (7) first as (8) and then as (9).

2015—Pub. L. 114–92, §3112(c)(1)(A), substituted "responsiveness" for "infrastructure" in section catchline.

Subsec. (a). Pub. L. 114–92, §3112(c)(1)(B), inserted "stockpile responsiveness," after "stockpile management,".

Subsec. (c)(5) to (7). Pub. L. 114–92, §3112(c)(1)(C), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively.

Subsec. (d)(1). Pub. L. 114–92, §3112(c)(1)(D)(i), substituted "stewardship, stockpile management, and stockpile responsiveness" for "stewardship and management" in introductory provisions.

Subsec. (d)(1)(M), (N). Pub. L. 114–92, §3112(c)(1)(D)(ii)–(iv), added subpars. (M) and (N).

Subsec. (e)(1)(A)(iii). Pub. L. 114–92, §3112(c)(1)(E), added cl. (iii).

2014—Subsec. (d)(4)(A)(i). Pub. L. 113–291 substituted "section 3043 of this title" for "section 404a of this title".

2013—Pub. L. 112–239 amended section generally. Prior to amendment, section related to the plan for stewardship, management, and certification of warheads in the nuclear weapons stockpile.

Subsec. (d)(6), (7). Pub. L. 113–66, §3123, added par. (6) and redesignated former par. (6) as (7).

Subsec. (e)(1). Pub. L. 113–66, §3146(a)(2)(A), struck out "established by section 179 of title 10" after "Council" in introductory provisions.

2004—Subsec. (c). Pub. L. 108–375 substituted "May 1 of each year thereafter" for "March 15 of each year thereafter".

Statutory Notes and Related Subsidiaries

Report on the Plan for the Nuclear Weapons Stockpile, Nuclear Weapons Complex, and Delivery Platforms and Sense of Congress on Follow-on Negotiations to START Treaty

Pub. L. 111–84, div. A, title XII, §1251, Oct. 28, 2009, 123 Stat. 2549, provided that:

"(a) Report on the Plan for the Nuclear Weapons Stockpile, Nuclear Weapons Complex, and Delivery Platforms.—

"(1) Report required.—Not later than 30 days after the date of the enactment of this Act [Oct. 28, 2009] or at the time a follow-on treaty to the Strategic Arms Reduction Treaty (START Treaty) is submitted by the President to the Senate for its advice and consent, whichever is later, the President shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on the plan to—

"(A) enhance the safety, security, and reliability of the nuclear weapons stockpile of the United States;

"(B) modernize the nuclear weapons complex; and

"(C) maintain the delivery platforms for nuclear weapons.

"(2) Elements.—The report required under paragraph (1) shall include the following:

"(A) A description of the plan to enhance the safety, security, and reliability of the nuclear weapons stockpile of the United States.

"(B) A description of the plan to modernize the nuclear weapons complex, including improving the safety of facilities, modernizing the infrastructure, and maintaining the key capabilities and competencies of the nuclear weapons workforce, including designers and technicians.

"(C) A description of the plan to maintain delivery platforms for nuclear weapons.

"(D) An estimate of budget requirements, including the costs associated with the plans outlined under subparagraphs (A) through (C), over a 10-year period.

"(b) Sense of Congress.—It is the sense of Congress that—

"(1) the President should maintain the stated position of the United States that the follow-on treaty to the START Treaty not include any limitations on the ballistic missile defense systems, space capabilities, or advanced conventional weapons systems of the United States;

"(2) the enhanced safety, security, and reliability of the nuclear weapons stockpile, modernization of the nuclear weapons complex, and maintenance of the nuclear delivery systems are key to enabling further reductions in the nuclear forces of the United States; and

"(3) the President should submit budget requests for fiscal year 2011 and subsequent fiscal years for the programs of the National Nuclear Security Administration of the Department of Energy that are adequate to sustain the needed capabilities to support the long-term maintenance of the nuclear stockpile of the United States."

Inclusion in 2005 Stockpile Stewardship Plan of Certain Information Relating to Stockpile Stewardship Criteria

Pub. L. 108–136, div. C, title XXXI, §3133, Nov. 24, 2003, 117 Stat. 1751, provided that:

"(a) Inclusion in 2005 Stockpile Stewardship Plan.—In submitting to Congress the updated version of the 2005 stockpile stewardship plan, the Secretary of Energy shall include the matters specified in subsection (b).

"(b) Matters Included.—The matters referred to in subsection (a) are the following:

"(1) An update of any information or criteria described in the report on stockpile stewardship criteria submitted under section 4202 of the Atomic Energy Defense Act [50 U.S.C. 2522] (as transferred and redesignated by section 3161(e)(3) [probably should be "3141(e)(3)"] of this Act).

"(2) A description of any additional information identified, or criteria established, on matters covered by such section 4202 during the period beginning on the date of the submittal of the report under such section 4202 and ending on the date of the submittal of the updated version of the plan under subsection (a) of this section.

"(3) For each science-based tool developed by the Department of Energy during such period—

"(A) a description of the relationship of such science-based tool to the collection of information needed to determine that the nuclear weapons stockpile is safe and reliable; and

"(B) a description of the criteria for judging whether or not such science-based tool provides for the collection of such information.

"(c) 2005 Stockpile Stewardship Plan Defined.—In this section, the term '2005 stockpile stewardship plan' means the updated version of the plan for maintaining the nuclear weapons stockpile developed under section 4203 of the Atomic Energy Defense Act [50 U.S.C. 2523] (as transferred and redesignated by section 3161(e)(4) [probably should be "3141(e)(4)"] of this Act) that is required to be submitted to Congress not later than March 15, 2005."

Executive Documents

Annual Update to the Report Specified in Section 1251 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84)

Memorandum of President of the United States, Feb. 7, 2011, 76 F.R. 7477, provided:

Memorandum for the Secretary of Defense [and] the Secretary of Energy

By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the Secretaries of Defense and Energy to jointly provide annual updates to the report specified in section 1251 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84) (the "1251 Report") [set out as a note above]. I further authorize and direct the Secretaries of Defense and Energy to jointly submit this annual update to the 1251 Report concurrently with the President's budget each year, beginning in calendar year 2011.

The Secretary of Defense is authorized and directed to publish this memorandum in the Federal Register.

Barack Obama.      

§2523a. Repealed. Pub. L. 112–239, div. C, title XXXI, §3133(c)(1), Jan. 2, 2013, 126 Stat. 2192

Section, Pub. L. 107–314, div. D, title XLII, §4203A, as added Pub. L. 111–383, div. C, title XXXI, §3112(a), Jan. 7, 2011, 124 Stat. 4507, related to biennial plan on modernization and refurbishment of the nuclear security complex.

§2523b. Transferred

Editorial Notes

Codification

Section, Pub. L. 112–81, div. A, title X, §1045, Dec. 31, 2011, 125 Stat. 1577; Pub. L. 112–239, div. A, title X, §1076(a)(19), Jan. 2, 2013, 126 Stat. 1949, which related to nuclear force reductions, was transferred to section 494 of Title 10, Armed Forces, by Pub. L. 112–239, div. A, title X, §1033(b)(1)(A)–(C), Jan. 2, 2013, 126 Stat. 1920.

§2523c. Major warhead refurbishment program

In fiscal year 2015 and subsequent fiscal years, the Secretary of Energy shall submit to the congressional defense committees (as defined in U.S.C. 101(a)(16) ¹) a report, on each major warhead refurbishment program that reaches the Phase 6.3 milestone, that provides an analysis of alternatives. Such report shall include—

(1) a full description of alternatives considered prior to the award of Phase 6.3;

(2) a comparison of the costs and benefits of each of those alternatives, to include an analysis of trade-offs among cost, schedule, and performance objectives against each alternative considered;

(3) identification of the cost and risk of critical technology elements associated with each alternative, including technology maturity, integration risk, manufacturing feasibility, and demonstration needs;

(4) identification of the cost and risk of additional capital asset and infrastructure capabilities required to support production and certification of each alternative;

(5) a comparative analysis of the risks, costs, and scheduling needs for any military requirement intended to enhance warhead safety, security, or maintainability, including any requirement to consolidate and/or integrate warhead systems or mods as compared to at least one other feasible refurbishment alternative the Nuclear Weapons Council considers appropriate; and

(6) a life-cycle cost estimate for the alternative selected that details the overall cost, scope, and schedule planning assumptions.

(Pub. L. 113–235, div. D, title III, §308, Dec. 16, 2014, 128 Stat. 2324.)

Editorial Notes

Codification

Section was enacted as part of the Energy and Water Development and Related Agencies Appropriations Act, 2015, and also as part of the Consolidated and Further Continuing Appropriations Act, 2015, and not as part of the Atomic Energy Defense Act which comprises this chapter.

¹ So in original. Probably should be "10 U.S.C. 101(a)(16)".

§2524. Stockpile management program

(a) Program required

The Secretary of Energy, acting through the Administrator and in consultation with the Secretary of Defense, shall carry out a program, in support of the stockpile stewardship program, to provide for the effective management, modernization, and replacement, as required, of the weapons in the nuclear weapons stockpile. The program shall have the following objectives:

(1) To enhance the performance and reliability of the nuclear weapons stockpile of the United States.

(2) To further reduce the likelihood of the resumption of underground nuclear weapons testing.

(3) To maintain the safety and security of the nuclear weapons stockpile.

(4) To optimize the future size of the nuclear weapons stockpile.

(5) To reduce the risk of an accidental detonation of an element of the stockpile.

(6) To reduce the risk of an element of the stockpile being used by a person or entity hostile to the United States, its vital interests, or its allies.

(b) Program limitations

In carrying out the stockpile management program under subsection (a), the Secretary of Energy shall ensure that—

(1) any changes made to the stockpile shall be consistent with the objectives identified in subsection (a);

(2) any changes made to the stockpile consistent with the objectives identified in subsection (a) are carried out in a cost effective manner; and

(3) any such changes made to the stockpile shall—

(A) be well understood and certifiable without the need to resume underground nuclear weapons testing;

(B) use the design, certification, and production expertise resident in the nuclear security enterprise to fulfill current mission requirements of the existing stockpile; and

(C) develop future generations of design, certification, and production expertise in the nuclear security enterprise to support the fulfillment of mission requirements of the future stockpile.

(c) Program budget

In accordance with the requirements under section 2529 of this title, for each budget submitted by the President to Congress under section 1105 of title 31, the amounts requested for the program under this section shall be clearly identified in the budget justification materials submitted to Congress in support of that budget.

(Pub. L. 107–314, div. D, title XLII, §4204, formerly Pub. L. 106–65, div. C, title XXXI, §3133, Oct. 5, 1999, 113 Stat. 926; renumbered Pub. L. 107–314, div. D, title XLII, §4204, and amended Pub. L. 108–136, div. C, title XXXI, §§3111, 3141(e)(5), Nov. 24, 2003, 117 Stat. 1743, 1758; Pub. L. 111–84, div. C, title XXXI, §3113(a)(2), Oct. 28, 2009, 123 Stat. 2704; Pub. L. 112–239, div. C, title XXXI, §3133(d), Jan. 2, 2013, 126 Stat. 2192; Pub. L. 113–66, div. C, title XXXI, §3146(c)(2), Dec. 26, 2013, 127 Stat. 1073; Pub. L. 118–159, div. C, title XXXI, §3111(c)(2), Dec. 23, 2024, 138 Stat. 2294.)

Editorial Notes

Codification

Section was formerly set out as a note under section 2121 of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2024—Subsec. (a). Pub. L. 118–159, §3111(c)(2)(A)(i), inserted ", modernization, and replacement, as required," after "effective management" and struck out ", including the extension of the effective life of such weapons" after "nuclear weapons stockpile" in introductory provisions.

Subsec. (a)(1). Pub. L. 118–159, §3111(c)(2)(A)(ii), substituted "enhance the performance and reliability" for "increase the reliability, safety, and security".

Subsec. (a)(3). Pub. L. 118–159, §3111(c)(2)(A)(iv), added par. (3). Former par. (3) redesignated (4).

Subsec. (a)(4). Pub. L. 118–159, §3111(c)(2)(A)(iii), (v), redesignated par. (3) as (4) and amended it generally. Prior to amendment, par. read as follows "To achieve reductions in the future size of the nuclear weapons stockpile." Former par. (4) redesignated (5).

Subsec. (a)(5), (6). Pub. L. 118–159, §3111(c)(2)(A)(iii), redesignated pars. (4) and (5) as (5) and (6), respectively.

Subsec. (b)(1). Pub. L. 118–159, §3111(c)(2)(B)(i), substituted "consistent with" for "made to achieve" and semicolon at end for ";  and".

Subsec. (b)(2). Pub. L. 118–159, §3111(c)(2)(B)(iii), added par. (2). Former par. (2) redesignated (3).

Subsec. (b)(3). Pub. L. 118–159, §3111(c)(2)(B)(ii), redesignated par. (2) as (3).

Subsec. (b)(3)(A). Pub. L. 118–159, §3111(c)(2)(B)(iv)(I), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "remain consistent with basic design parameters by including, to the maximum extent feasible, components that are well understood or are certifiable without the need to resume underground nuclear weapons testing; and".

Subsec. (b)(3)(C). Pub. L. 118–159, §3111(c)(2)(B)(iv)(II), (III), added subpar. (C).

2013—Subsec. (a). Pub. L. 113–66 struck out "for Nuclear Security" after "Administrator" in introductory provisions.

Subsec. (b)(2)(B). Pub. L. 112–239, §3133(d)(1), substituted "nuclear security enterprise" for "nuclear complex".

Subsecs. (c) to (e). Pub. L. 112–239, §3133(d)(2), (3), redesignated subsec. (e) as (c) and struck out former subsecs. (c) and (d), which related, respectively, to program plan and annual updates.

2009—Pub. L. 111–84 amended section generally. Prior to amendment, section related to the nuclear weapons stockpile life extension program.

2003—Subsec. (c). Pub. L. 108–136, §3111, struck out subsec. (c), which related to a plan for the extension of the effective life of the weapons in the nuclear weapons stockpile.

Subsec. (c)(1). Pub. L. 108–136, §3141(e)(5)(D), substituted "October 5, 1999" for "the date of the enactment of this Act".

Subsecs. (d) to (f). Pub. L. 108–136, §3111, struck out subsecs. (d) to (f). Prior to amendment, subsec. (d) required submittal to committees of the House and Senate of a plan for the extension of the effective life of the weapons in the nuclear weapons stockpile and annual updates of the plan, subsec. (e) required a GAO assessment of the plan and updates, and subsec. (f) stated the sense of Congress regarding funding of the program under subsec. (a).

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Pub. L. 108–136, div. C, title XXXI, §3111, Nov. 24, 2003, 117 Stat. 1743, provided that the amendment made by section 3111 is effective December 31, 2004.

§2524a. Repealed. Pub. L. 111–84, div. C, title XXXI, §3113(a)(1), Oct. 28, 2009, 123 Stat. 2704

Section, Pub. L. 107–314, div. D, title XLII, §4204A, formerly §4204a, as added Pub. L. 109–163, div. C, title XXXI, §3111(a), Jan. 6, 2006, 119 Stat. 3539; renumbered §4204A, Pub. L. 110–181, div. C, title XXXI, §3117(1), Jan. 28, 2008, 122 Stat. 578, related to the Reliable Replacement Warhead program.

§2525. Annual assessments and reports to the President and Congress regarding the condition of the United States nuclear weapons stockpile

(a) Annual assessments required

For each nuclear weapon type in the stockpile of the United States, each official specified in subsection (b) on an annual basis shall, to the extent such official is directly responsible for the safety, reliability, performance, or military effectiveness of that nuclear weapon type, complete an assessment of the safety, reliability, performance, or military effectiveness (as the case may be) of that nuclear weapon type.

(b) Covered officials

The officials referred to in subsection (a) are the following:

(1) The head of each national security laboratory.

(2) The Commander of the United States Strategic Command.

(c) Dual validation teams in support of assessments

In support of the assessments required by subsection (a), the Administrator may establish teams, known as "dual validation teams", to provide each national security laboratory responsible for weapons design with independent evaluations of the condition of each warhead for which such laboratory has lead responsibility. A dual validation team established by the Administrator shall—

(1) be comprised of weapons experts from the laboratory that does not have lead responsibility for fielding the warhead being evaluated;

(2) have access to all surveillance and underground test data for all stockpile systems for use in the independent evaluations;

(3) use all relevant available data to conduct independent calculations; and

(4) pursue independent experiments to support the independent evaluations.

(d) Use of teams of experts for assessments

The head of each national security laboratory shall establish and use one or more teams of experts, known as "red teams", to assist in the assessments required by subsection (a). Each such team shall include experts from both of the other national security laboratories. Each such team for a national security laboratory shall—

(1) review both the matters covered by the assessments under subsection (a) performed by the head of that laboratory and any independent evaluations conducted by a dual validation team under subsection (c);

(2) subject such matters to challenge; and

(3) submit the results of such review and challenge, together with the findings and recommendations of such team with respect to such review and challenge, to the head of that laboratory.

(e) Report on assessments

Not later than December 1 of each year, each official specified in subsection (b) shall submit to the Secretary concerned, and to the Nuclear Weapons Council, a report on the assessments that such official was required by subsection (a) to complete. The report shall include the following:

(1) The results of each such assessment.

(2)(A) Such official's determination as to whether or not one or more underground nuclear tests are necessary to resolve any issues identified in the assessments and, if so—

(i) an identification of the specific underground nuclear tests that are necessary to resolve such issues; and

(ii) a discussion of why options other than an underground nuclear test are not available or would not resolve such issues.

(B) An identification of the specific underground nuclear tests which, while not necessary, might have value in resolving any such issues and a discussion of the anticipated value of conducting such tests.

(C) Such official's determination as to the readiness of the United States to conduct the underground nuclear tests identified under subparagraphs (A)(i) and (B), if directed by the President to do so.

(3) In the case of a report submitted by the head of a national security laboratory—

(A) a concise statement regarding the adequacy of the science-based tools and methods, including with respect to cyber assurance, being used to determine the matters covered by the assessments;

(B) a concise statement regarding the adequacy of the tools and methods employed by the manufacturing infrastructure required by section 2532 of this title to identify and fix any inadequacy with respect to the matters covered by the assessments, and the confidence of the head in such tools and methods;

(C) a concise summary of the findings and recommendations of any teams under subsection (d) that relate to the assessments, together with a discussion of those findings and recommendations;

(D) a concise summary of the results of any independent evaluation conducted by a dual validation team under subsection (c); and

(E) a concise summary of any significant finding investigations initiated or active during the previous year for which the head of the national security laboratory has full or partial responsibility.

(4) In the case of a report submitted by the Commander of the United States Strategic Command—

(A) a discussion of the relative merits of other nuclear weapon types (if any), or compensatory measures (if any) that could be taken, that could enable accomplishment of the missions of the nuclear weapon types to which the assessments relate, should such assessments identify any deficiency with respect to such nuclear weapon types;

(B) a summary of all major assembly releases in place as of the date of the report for the active and inactive nuclear weapon stockpiles; and

(C) the views of the Commander on the stockpile responsiveness program under section 2538b of this title, the activities conducted under such program, and any suggestions to improve such program.

(5) An identification and discussion of any matter having an adverse effect on the capability of the official submitting the report to accurately determine the matters covered by the assessments.

(f) Submittals to the President and Congress

(1) Not later than February 1 of each year, the Secretary of Defense and the Secretary of Energy shall submit to the President—

(A) each report, without change, submitted to either Secretary under subsection (e) during the preceding year;

(B) any comments that the Secretaries individually or jointly consider appropriate with respect to each such report;

(C) the conclusions that the Secretaries individually or jointly reach as to the safety, reliability, performance, and military effectiveness of the nuclear weapons stockpile of the United States; and

(D) any other information that the Secretaries individually or jointly consider appropriate.

(2) Not later than March 15 of each year, the President shall forward to Congress the matters received by the President under paragraph (1) for that year, together with any comments the President considers appropriate.

(3) If the President does not forward to Congress the matters required under paragraph (2) by the date required by such paragraph, the officials specified in subsection (b) shall provide a briefing to the congressional defense committees not later than March 30 on the report such officials submitted to the Secretary concerned under subsection (e).

(g) Classified form

Each submittal under subsection (f) shall be in classified form only, with the classification level required for each portion of such submittal marked appropriately.

(h) Definition

In this section, the term "Secretary concerned" means—

(1) the Secretary of Energy, with respect to matters concerning the Department of Energy; and

(2) the Secretary of Defense, with respect to matters concerning the Department of Defense.

(Pub. L. 107–314, div. D, title XLII, §4205, formerly div. C, title XXXI, §3141, Dec. 2, 2002, 116 Stat. 2730; renumbered div. D, title XLII, §4205, and amended Pub. L. 108–136, div. C, title XXXI, §3141(e)(6), Nov. 24, 2003, 117 Stat. 1759; Pub. L. 111–84, div. C, title XXXI, §3114(a)(2)–(d), Oct. 28, 2009, 123 Stat. 2706, 2707; Pub. L. 112–239, div. C, title XXXI, §3131(c), Jan. 2, 2013, 126 Stat. 2180; Pub. L. 113–66, div. C, title XXXI, §§3122, 3146(c)(3), Dec. 26, 2013, 127 Stat. 1061, 1074; Pub. L. 113–291, div. C, title XXXI, §3142(d), Dec. 19, 2014, 128 Stat. 3900; Pub. L. 114–92, div. C, title XXXI, §3112(d), Nov. 25, 2015, 129 Stat. 1191; Pub. L. 117–81, div. C, title XXXI, §3133, Dec. 27, 2021, 135 Stat. 2230.)

Editorial Notes

Codification

Section was formerly classified to section 7274s of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2021—Subsec. (e)(3)(A). Pub. L. 117–81, §3133(1), inserted ", including with respect to cyber assurance," after "methods".

Subsec. (e)(3)(B). Pub. L. 117–81, §3133(2), inserted ", and the confidence of the head in such tools and methods" after "the assessments".

2015—Subsec. (e)(4)(C). Pub. L. 114–92 added subpar. (C).

2014—Subsec. (b)(2). Pub. L. 113–291 substituted "Commander" for "commander".

2013—Subsec. (c). Pub. L. 113–66, §3146(c)(3)(A), struck out "for Nuclear Security" before "may establish teams," in introductory provisions.

Subsec. (e)(3)(E). Pub. L. 113–66, §3122(a)(1), added subpar. (E).

Subsec. (e)(4). Pub. L. 113–66, §3122(a)(2), amended par. (4) generally. Prior to amendment, par. (4) read as follows: "In the case of a report submitted by the Commander of the United States Strategic Command, a discussion of the relative merits of other nuclear weapon types (if any), or compensatory measures (if any) that could be taken, that could enable accomplishment of the missions of the nuclear weapon types to which the assessments relate, should such assessments identify any deficiency with respect to such nuclear weapon types."

Subsec. (f)(1). Pub. L. 113–66, §3122(b)(1), substituted "February 1" for "March 1" in introductory provisions.

Subsec. (f)(3). Pub. L. 113–66, §3122(b)(2), added par. (3).

Subsec. (h). Pub. L. 113–66, §3146(c)(3)(B), in heading, substituted "Definition" for "Definitions" and, in text, substituted "section, the term" for "section:", struck out par. (1) which defined "national security laboratory", struck out par. (2) designation and "The term" before " 'Secretary concerned' ", redesignated subpars. (A) and (B) of former par. (2) as pars. (1) and (2), respectively, and realigned margins.

Subsec. (i). Pub. L. 112–239 struck out subsec. (i) which related to first submissions under subsecs. (e) and (f).

2009—Subsec. (c). Pub. L. 111–84, §3114(a)(2)(B), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 111–84, §3114(a)(2)(A), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (d)(1). Pub. L. 111–84, §3114(b), inserted "both" after "review" and "and any independent evaluations conducted by a dual validation team under subsection (c)" after "that laboratory".

Subsec. (e). Pub. L. 111–84, §3114(a)(2)(A), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsec. (e)(3)(C). Pub. L. 111–84, §3114(d)(1), substituted "subsection (d)" for "subsection (c)".

Subsec. (e)(3)(D). Pub. L. 111–84, §3114(c), added subpar. (D).

Subsec. (f). Pub. L. 111–84, §3114(a)(2)(A), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).

Subsec. (f)(1)(A). Pub. L. 111–84, §3114(d)(2), substituted "subsection (e)" for "subsection (d)".

Subsec. (g). Pub. L. 111–84, §3114(d)(3), substituted "subsection (f)" for "subsection (e)".

Pub. L. 111–84, §3114(a)(2)(A), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).

Subsec. (h). Pub. L. 111–84, §3114(a)(2)(A), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).

Subsec. (i). Pub. L. 111–84, §3114(a)(2)(A), redesignated subsec. (h) as (i).

Subsec. (i)(1). Pub. L. 111–84, §3114(d)(4)(A), substituted "subsection (e)" for "subsection (d)".

Subsec. (i)(2). Pub. L. 111–84, §3114(d)(4)(B), substituted "subsection (f)" for "subsection (e)".

2003—Subsec. (d)(3)(B). Pub. L. 108–136, §3141(e)(6)(D), substituted "section 2532 of this title" for "section 3137 of the National Defense Authorization Act for Fiscal Year 1996 (42 U.S.C. 2121 note)".

§2526. Form of certifications regarding the safety or reliability of the nuclear weapons stockpile

Any certification submitted to the President by the Secretary of Defense or the Secretary of Energy regarding confidence in the safety or reliability of a nuclear weapon type in the United States nuclear weapons stockpile shall be submitted in classified form only.

(Pub. L. 107–314, div. D, title XLII, §4206, formerly Pub. L. 106–398, §1 [div. C, title XXXI, §3194], Oct. 30, 2000, 114 Stat. 1654, 1654A-481; renumbered Pub. L. 107–314, div. D, title XLII, §4206, by Pub. L. 108–136, div. C, title XXXI, §3141(e)(7), Nov. 24, 2003, 117 Stat. 1759.)

Editorial Notes

Codification

Section was formerly set out as a note under section 2121 of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

§2527. Nuclear test ban readiness program

(a) Establishment of program

The Secretary of Energy shall establish and support a program to assure that the United States is in a position to maintain the reliability, safety, and continued deterrent effect of its stockpile of existing nuclear weapons designs in the event that a low-threshold or comprehensive ban on nuclear explosives testing is negotiated and ratified within the framework agreed to by the United States and the Russian Federation.

(b) Purposes of program

The purposes of the program under subsection (a) shall be the following:

(1) To assure that the United States maintains a vigorous program of stockpile inspection and non-explosive testing so that, if a low-threshold or comprehensive test ban is entered into, the United States remains able to detect and identify potential problems in stockpile reliability and safety in existing designs of nuclear weapons.

(2) To assure that the specific materials, components, processes, and personnel needed for the remanufacture of existing nuclear weapons or the substitution of alternative nuclear warheads are available to support such remanufacture or substitution if such action becomes necessary in order to satisfy reliability and safety requirements under a low-threshold or comprehensive test ban agreement.

(3) To assure that a vigorous program of research in areas related to nuclear weapons science and engineering is supported so that, if a low-threshold or comprehensive test ban agreement is entered into, the United States is able to maintain a base of technical knowledge about nuclear weapons design and nuclear weapons effects.

(c) Conduct of program

The Secretary of Energy shall carry out the program provided for in subsection (a). The program shall be carried out with the participation of representatives of the Department of Defense, the nuclear weapons production facilities, and the national security laboratories.

(Pub. L. 107–314, div. D, title XLII, §4207, formerly Pub. L. 100–456, div. A, title XIV, §1436, Sept. 29, 1988, 102 Stat. 2075; Pub. L. 105–85, div. C, title XXXI, §3152(i), Nov. 18, 1997, 111 Stat. 2042; renumbered Pub. L. 107–314, div. D, title XLII, §4207, and amended Pub. L. 108–136, div. C, title XXXI, §3141(e)(8), Nov. 24, 2003, 117 Stat. 1759; Pub. L. 113–66, div. C, title XXXI, §3146(c)(4), Dec. 26, 2013, 127 Stat. 1074.)

Editorial Notes

Codification

Section was formerly set out as a note under section 2121 of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2013—Subsec. (a). Pub. L. 113–66, §3146(c)(4)(A)–(C), redesignated subsec. (b) as (a), substituted "Russian Federation" for "Soviet Union", and struck out former subsec. (a) which related to congressional findings regarding negotiations between the United States and the Soviet Union on nuclear test ban verification measures.

Subsec. (b). Pub. L. 113–66, §3146(c)(4)(B), (D), redesignated subsec. (c) as (b) and substituted "subsection (a)" for "subsection (b)" in introductory provisions. Former subsec. (b) redesignated (a).

Subsec. (c). Pub. L. 113–66, §3146(c)(4)(B), (E), redesignated subsec. (d) as (c) and substituted "subsection (a)" for "subsection (b)" and "national security laboratories" for "national nuclear weapons laboratories". Former subsec. (c) redesignated (b).

Subsec. (d). Pub. L. 113–66, §3146(c)(4)(B), redesignated subsec. (d) as (c).

2003—Pub. L. 108–136, §3141(e)(8)(D), made technical amendment to section catchline.

1997—Subsec. (e). Pub. L. 105–85 struck out heading and text of subsec. (e). Text read as follows: "The Secretary of Energy shall submit to Congress each year an unclassified report (with a classified annex as necessary) that describes the progress made to the date of the report in achieving the purposes of the program required to be established under subsection (b)."

§2528. Repealed. Pub. L. 112–239, div. C, title XXXI, §3133(e)(1)(A), (2), Jan. 2, 2013, 126 Stat. 2192, 2193

Section, Pub. L. 107–314, div. D, title XLII, §4208, formerly Pub. L. 104–106, div. C, title XXXI, §3152, Feb. 10, 1996, 110 Stat. 623; Pub. L. 106–398, §1 [div. C, title XXXI, §3192], Oct. 30, 2000, 114 Stat. 1654, 1654A-480; renumbered Pub. L. 107–314, div. D, title XLII, §4208, by Pub. L. 108–136, div. C, title XXXI, §3141(e)(9), Nov. 24, 2003, 117 Stat. 1759; Pub. L. 110–181, div. C, title XXXI, §3112(b)(1), Jan. 28, 2008, 122 Stat. 577, required the Secretary of Energy to submit to Congress in odd-numbered years reports on the nuclear test readiness of the United States.

Editorial Notes

Codification

Section 3133(e)(1)(A) of Pub. L. 112–239 repealed section 4208 of Pub. L. 107–314, which was classified to this section. Section 3133(e)(2) of Pub. L. 112–239 repealed section 3152 of Pub. L. 104–106, which was transferred and redesignated as section 4208 of Pub. L. 107–314, and section 3133(e)(2) is treated as also repealing this section, to reflect the probable intent of Congress.

§2528a. Repealed. Pub. L. 110–181, div. C, title XXXI, §3112(a), Jan. 28, 2008, 122 Stat. 577

Section, Pub. L. 108–136, div. C, title XXXI, §3113, Nov. 24, 2003, 117 Stat. 1743, related to readiness posture for resumption by the United States of underground nuclear weapons tests.

§2529. Requirements for specific request for new or modified nuclear weapons

(a) Requirement for request for funds for development

(1) In any fiscal year after fiscal year 2002 in which the Secretary of Energy plans to carry out activities described in paragraph (2) relating to the development of a new nuclear weapon or modified nuclear weapon beyond phase 2 or phase 6.2 (as the case may be) of the nuclear weapon acquisition process, the Secretary—

(A) shall specifically request funds for such activities in the budget of the President for that fiscal year under section 1105(a) of title 31; and

(B) may carry out such activities only if amounts are authorized to be appropriated for such activities by an Act of Congress consistent with section 7270 of title 42.

(2) The activities described in this paragraph are as follows:

(A) The conduct, or provision for conduct, of research and development for the production of a new nuclear weapon by the United States.

(B) The conduct, or provision for conduct, of engineering or manufacturing to carry out the production of a new nuclear weapon by the United States.

(C) The conduct, or provision for conduct, of research and development for the production of a modified nuclear weapon by the United States.

(D) The conduct, or provision for conduct, of engineering or manufacturing to carry out the production of a modified nuclear weapon by the United States.

(b) Budget request format

In a request for funds under subsection (a), the Secretary shall include a dedicated line item for each activity described in subsection (a)(2) for a new nuclear weapon or modified nuclear weapon that is in phase 2 or higher or phase 6.2 or higher (as the case may be) of the nuclear weapon acquisition process.

(c) Notification and briefing of noncovered activities

In any fiscal year after fiscal year 2022, the Secretary of Energy, acting through the Administrator, in conjunction with the annual submission of the budget of the President to Congress pursuant to section 1105 of title 31, shall notify the congressional defense committees of—

(1) any activities described in subsection (a)(2) relating to the development of a new nuclear weapon or modified nuclear weapon that, during the calendar year prior to the budget submission, were carried out prior to phase 2 or phase 6.2 (as the case may be) of the nuclear weapon acquisition process; and

(2) any plans to carry out, prior to phase 2 or phase 6.2 (as the case may be) of the nuclear weapon acquisition process, activities described in subsection (a)(2) relating to the development of a new nuclear weapon or modified nuclear weapon during the fiscal year covered by that budget.

(d) Definitions

In this section:

(1) The term "modified nuclear weapon" means a nuclear weapon that contains a pit or canned subassembly, either of which—

(A) is in the nuclear weapons stockpile as of December 2, 2002; and

(B) is being modified in order to meet a military requirement that is other than the military requirements applicable to such nuclear weapon when first placed in the nuclear weapons stockpile.

(2) The term "new nuclear weapon" means a nuclear weapon that contains a pit or canned subassembly, either of which is neither—

(A) in the nuclear weapons stockpile on December 2, 2002; nor

(B) in production as of that date.

(Pub. L. 107–314, div. D, title XLII, §4209, formerly div. C, title XXXI, §3143, Dec. 2, 2002, 116 Stat. 2733; renumbered div. D, title XLII, §4209, by Pub. L. 108–136, div. C, title XXXI, §3141(e)(10), Nov. 24, 2003, 117 Stat. 1759; Pub. L. 111–84, div. C, title XXXI, §3115, Oct. 28, 2009, 123 Stat. 2707; Pub. L. 113–66, div. C, title XXXI, §3146(c)(5), Dec. 26, 2013, 127 Stat. 1074; Pub. L. 115–232, div. C, title XXXI, §3111(c), Aug. 13, 2018, 132 Stat. 2289; Pub. L. 117–263, div. C, title XXXI, §3111, Dec. 23, 2022, 136 Stat. 3051; Pub. L. 118–159, div. C, title XXXI, §3111(c)(3), Dec. 23, 2024, 138 Stat. 2295.)

Editorial Notes

Codification

Section was formerly classified to section 7271d of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2024—Subsec. (a)(1). Pub. L. 118–159 substituted "phase 2 or phase 6.2" for "phase 1 or phase 6.1" in introductory provisions.

2022—Subsec. (a)(1). Pub. L. 117–263, §3111(1)(A), inserted "beyond phase 1 or phase 6.1 (as the case may be) of the nuclear weapon acquisition process" after "modified nuclear weapon" in introductory provisions.

Subsec. (a)(2)(A), (C). Pub. L. 117–263, §3111(1)(B), substituted "research and development for the production" for "research and development which could lead to the production".

Subsec. (b). Pub. L. 117–263, §3111(2), added subsec. (b) and struck out former subsec. (b) which related to budget request format.

Subsec. (c). Pub. L. 117–263, §3111(3), added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: "Subsection (a) shall not apply to funds for purposes of conducting, or providing for the conduct of, research and development, or manufacturing and engineering, determined by the Secretary to be necessary to address proliferation concerns."

2018—Subsec. (a)(1). Pub. L. 115–232 inserted dash after "weapon, the Secretary", designated remainder of existing provisions as subpar. (A), and added subpar. (B).

2013—Subsec. (d). Pub. L. 113–66 made technical amendment to reference in original act which appears in text as reference to "December 2, 2002" in two places.

2009—Subsec. (c). Pub. L. 111–84, §3115(1), substituted "necessary to address proliferation concerns." for "necessary—

"(1) for the nuclear weapons life extension program;

"(2) to modify an existing nuclear weapon solely to address safety or reliability concerns; or

"(3) to address proliferation concerns."

Subsec. (d). Pub. L. 111–84, §3115(2), redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1), which read as follows: "The term 'life extension program' means the program to repair or replace non-nuclear components, or to modify the pit or canned subassembly, of nuclear weapons that are in the nuclear weapons stockpile on December 2, 2002, in order to assure that such nuclear weapons retain the ability to meet the military requirements applicable to such nuclear weapons when first placed in the nuclear weapons stockpile."

Statutory Notes and Related Subsidiaries

Development of Low-Yield Nuclear Weapons; Authorization and Limitation

Pub. L. 115–232, div. C, title XXXI, §3111(a), Aug. 13, 2018, 132 Stat. 2289, provided that: "The Secretary of Energy, acting through the Administrator for Nuclear Security, may carry out the engineering development phase, and any subsequent phase, to modify or develop a low-yield nuclear warhead for submarine-launched ballistic missiles."

Pub. L. 108–136, div. C, title XXXI, §3116(c), Nov. 24, 2003, 117 Stat. 1746, as amended by Pub. L. 115–232, div. C, title XXXI, §3111(b), Aug. 13, 2018, 132 Stat. 2289, provided that: "The Secretary of Energy may not commence the engineering development phase, or any subsequent phase, of a low-yield nuclear weapon unless the Secretary specifically requests funding for the development of that weapon pursuant to section 4209(a) of the Atomic Energy Defense Act (50 U.S.C. 2529(a))."

§2530. Testing of nuclear weapons

(a) Underground testing

No underground test of nuclear weapons may be conducted by the United States after September 30, 1996, unless a foreign state conducts a nuclear test after this date, at which time the prohibition on United States nuclear testing is lifted.

(b) Atmospheric testing

None of the funds appropriated pursuant to the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1547) or any other Act for any fiscal year may be available to maintain the capability of the United States to conduct atmospheric testing of a nuclear weapon.

(Pub. L. 107–314, div. D, title XLII, §4210, formerly Pub. L. 102–377, title V, §507(f), Oct. 2, 1992, 106 Stat. 1345; renumbered Pub. L. 107–314, div. D, title XLII, §4210, and amended Pub. L. 108–136, div. C, title XXXI, §3141(e)(11), Nov. 24, 2003, 117 Stat. 1760; Pub. L. 112–239, div. C, title XXXI, §3131(d)(1), Jan. 2, 2013, 126 Stat. 2180.)

Editorial Notes

References in Text

The National Defense Authorization Act for Fiscal Year 1994, referred to in subsec. (b), is Pub. L. 103–160, Nov. 30, 1993, 107 Stat. 1547. For complete classification of this Act to the Code, see Tables.

Codification

Section was formerly set out in a note under section 2121 of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Pub. L. 108–136, div. C, title XXXI, §3141(e)(11), Nov. 24, 2003, 117 Stat. 1760, which directed the transfer to this section of section 507(f) of the Energy and Water Development Appropriations Act, 1993, "(Public Law 102–337; 106 Stat. 1345)", was executed by transferring section 507(f) of Pub. L. 102–377 to this section, to reflect the probable intent of Congress.

Amendments

2013—Pub. L. 112–239 amended section generally. Prior to amendment, text read as follows: "No underground test of nuclear weapons may be conducted by the United States after September 30, 1996, unless a foreign state conducts a nuclear test after this date, at which time the prohibition on United States nuclear testing is lifted."

2003—Pub. L. 108–136, §3141(e)(11)(C)(i), inserted section catchline.

§2531. Repealed. Pub. L. 112–239, div. C, title XXXI, §3131(d)(3), Jan. 2, 2013, 126 Stat. 2181

Section, Pub. L. 107–314, div. D, title XLII, §4211, formerly Pub. L. 103–160, div. C, title XXXI, §3137, Nov. 30, 1993, 107 Stat. 1946; renumbered Pub. L. 107–314, div. D, title XLII, §4211, and amended Pub. L. 108–136, div. C, title XXXI, §3141(e)(12), Nov. 24, 2003, 117 Stat. 1760, provided for availablity of funds for maintaining the technical capability to resume underground nuclear testing at the Nevada Test Site.

§2532. Manufacturing infrastructure for refabrication and certification of nuclear weapons stockpile

(a) Manufacturing program

(1) The Secretary of Energy shall carry out a program for purposes of establishing within the Government a manufacturing infrastructure that has the capabilities of meeting the following objectives:

(A) To provide a stockpile surveillance engineering base.

(B) To refabricate and certify weapon components and types in the enduring nuclear weapons stockpile, as necessary.

(C) To fabricate and certify new nuclear warheads, as necessary.

(D) To support nuclear weapons.

(E) To supply sufficient tritium in support of nuclear weapons to ensure an upload hedge in the event circumstances require.

(2) The purpose of the program carried out under paragraph (1) shall also be to develop manufacturing capabilities and capacities necessary to meet the requirements specified in the annual Nuclear Weapons Stockpile Memorandum.

(b) Required capabilities

The manufacturing infrastructure established under the program under subsection (a) shall include the following capabilities (modernized to attain the objectives referred to in that subsection):

(1) The weapons assembly and high explosives manufacturing capabilities of the Pantex Plant.

(2) The weapon secondary fabrication capabilities of the Y–12 National Security Complex, Oak Ridge, Tennessee.

(3) The capabilities of the Savannah River Site relating to tritium recycling and processing.

(4) The fissile material component processing and fabrication capabilities of the Savannah River Plutonium Processing Facility and the Los Alamos National Laboratory.

(5) The non-nuclear component capabilities of the Kansas City National Security Campus, Kansas City, Missouri.

(Pub. L. 107–314, div. D, title XLII, §4212, formerly Pub. L. 104–106, div. C, title XXXI, §3137, Feb. 10, 1996, 110 Stat. 620; Pub. L. 104–201, div. C, title XXXI, §3132(a), (b), Sept. 23, 1996, 110 Stat. 2829; renumbered Pub. L. 107–314, div. D, title XLII, §4212, and amended Pub. L. 108–136, div. C, title XXXI, §3141(e)(13), Nov. 24, 2003, 117 Stat. 1760; Pub. L. 112–239, div. C, title XXXI, §3131(e), Jan. 2, 2013, 126 Stat. 2181; Pub. L. 113–66, div. C, title XXXI, §3146(c)(6), Dec. 26, 2013, 127 Stat. 1074; Pub. L. 116–92, div. C, title XXXI, §3139(b)(3), Dec. 20, 2019, 133 Stat. 1962; Pub. L. 118–159, div. C, title XXXI, §3111(c)(4), Dec. 23, 2024, 138 Stat. 2295.)

Editorial Notes

Codification

Section was formerly set out as a note under section 2121 of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2024—Subsec. (a)(1). Pub. L. 118–159, §3111(c)(4)(A), struck out "as specified in the most recent Nuclear Posture Review" after "the following objectives" in introductory provisions.

Subsec. (b)(1). Pub. L. 118–159, §3111(c)(4)(B)(i), inserted "and high explosives manufacturing" after "weapons assembly".

Subsec. (b)(3). Pub. L. 118–159, §3111(c)(4)(B)(ii), substituted "processing" for "fissile materials components processing and fabrication".

Subsec. (b)(4), (5). Pub. L. 118–159, §3111(c)(4)(B)(iii), (iv), added par. (4) and redesignated former par. (4) as (5).

Subsec. (c). Pub. L. 118–159, §3111(c)(4)(C), struck out subsec. (c). Text read as follows: "For purposes of subsection (a), the term 'Nuclear Posture Review' means the Department of Defense Nuclear Posture Review as contained in the Report of the Secretary of Defense to the President and Congress dated February 19, 1995, or subsequent such reports."

2019—Subsec. (a)(1). Pub. L. 116–92, §3139(b)(3)(A), inserted "most recent" before "Nuclear Posture Review" in introductory provisions.

Subsec. (b)(2). Pub. L. 116–92, §3139(b)(3)(B)(i), substituted "National Security Complex" for "Plant".

Subsec. (b)(4). Pub. L. 116–92, §3139(b)(3)(B)(ii), substituted "National Security Campus, Kansas City, Missouri" for "Plant".

2013—Subsec. (a)(2). Pub. L. 113–66, §3146(c)(6)(A), substituted "Memorandum" for "Review".

Subsec. (c). Pub. L. 113–66, §3146(c)(6)(B), substituted "Congress" for "the Congress".

Subsecs. (d), (e). Pub. L. 112–239 struck out subsecs. (d) and (e), which related, respectively, to funding and submission to Congress by Secretary of plans and reports.

2003—Subsec. (d). Pub. L. 108–136, §3141(e)(13)(D), inserted "of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106)" after "section 3101(b)".

1996—Subsec. (a). Pub. L. 104–201, §3132(a), designated existing provisions as par. (1), redesignated former pars. (1) to (5) as subpars. (A) to (E), respectively, and added par. (2).

Subsec. (b)(3). Pub. L. 104–201, §3132(b), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "The tritium production, recycling, and other weapons-related capabilities of the Savannah River Site."

Statutory Notes and Related Subsidiaries

Acceleration of Depleted Uranium Manufacturing Processes

Pub. L. 117–263, div. C, title XXXI, §3121, Dec. 23, 2022, 136 Stat. 3056, provided that:

"(a) Acceleration of Manufacturing.—The Administrator for Nuclear Security shall require the nuclear security enterprise to accelerate the modernization of manufacturing processes for depleted uranium by 2030 so that the nuclear security enterprise—

"(1) demonstrates bulk cold hearth melting of depleted uranium alloys to augment existing capabilities on an operational basis for war reserve components;

"(2) manufactures, on a repeatable and ongoing basis, war reserve depleted uranium alloy components using net shape casting;

"(3) demonstrates, if possible, a production facility to conduct routine operations for manufacturing depleted uranium alloy components outside of the current perimeter security fencing of the Y–12 National Security Complex, Oak Ridge, Tennessee; and

"(4) has available high purity depleted uranium for the production of war reserve components.

"(b) Annual Briefing.—Not later than March 31, 2023, and annually thereafter through 2030, the Administrator shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing on—

"(1) progress made in carrying out subsection (a);

"(2) the cost of activities conducted under such subsection during the preceding fiscal year; and

"(3) the ability of the nuclear security enterprise to convert depleted uranium fluoride hexafluoride to depleted uranium tetrafluoride.

"(c) Nuclear Security Enterprise Defined.—In this section, the term 'nuclear security enterprise' has the meaning given that term in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501)."

§2533. Reports on critical difficulties at national security laboratories and nuclear weapons production facilities

(a) Reports by heads of laboratories and facilities

In the event of a difficulty at a national security laboratory or a nuclear weapons production facility that has a significant bearing on confidence in the safety or reliability of a nuclear weapon or nuclear weapon type, the head of the laboratory or facility, as the case may be, shall submit to the Administrator a report on the difficulty. The head of the laboratory or facility shall submit the report as soon as practicable after discovery of the difficulty.

(b) Transmittal by Administrator

Not later than 10 days after receipt of a report under subsection (a), the Administrator shall transmit the report (together with the comments of the Administrator) to the congressional defense committees, to the Secretary of Energy and the Secretary of Defense, and to the President.

(c) Omitted

(d) Inclusion of reports in annual stockpile assessment

Any report submitted pursuant to subsection (a) shall also be submitted to the President and Congress with the matters required to be submitted under section 2525(f) of this title for the year in which such report is submitted.

(Pub. L. 107–314, div. D, title XLII, §4213, formerly Pub. L. 104–201, div. C, title XXXI, §3159, Sept. 23, 1996, 110 Stat. 2842, §4218(b), (c), formerly Pub. L. 105–85, div. A, title XIII, §1305(c), (d), Nov. 18, 1997, 111 Stat. 1954; Pub. L. 106–65, div. C, title XXXI, §3163(f), Oct. 5, 1999, 113 Stat. 946; renumbered Pub. L. 107–314, div. D, title XLII, §4213, by Pub. L. 108–136, div. C, title XXXI, §3141(e)(14), Nov. 24, 2003, 117 Stat. 1760; renumbered Pub. L. 107–314, div. D, title XLII, §4218(c), (d), and amended Pub. L. 112–239, div. C, title XXXI, §§3131(f)(1), 3164(a)(3), Jan. 2, 2013, 126 Stat. 2181, 2206; renumbered Pub. L. 107–314, div. D, title XLII, §4218(b), (c), and amended Pub. L. 113–66, div. C, title XXXI, §3146(c)(7), (10)(B), Dec. 26, 2013, 127 Stat. 1074, 1075.)

Editorial Notes

Codification

Section was formerly classified to section 7274o of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Section is comprised in part of section 4213 of Pub. L. 107–314. See note below. Subsec. (c) of section 4213 of Pub. L. 107–314 amended section 179 of Title 10, Armed Forces.

Section is comprised of sections 4213 and 4218(b), (c) of Pub. L. 107–314. Section 4213, which was formerly part of Pub. L. 104–201, originally enacted this section, and section 4218(b), (c), which was formerly part of Pub. L. 105–85, originally amended this section. Both sections were renumbered to become part of Pub. L. 107–314 and, as a result, are shown in the source credit above as jointly comprising this section.

Amendments

2013—Pub. L. 113–66, §3146(c)(10)(B), renumbered Pub. L. 107–314, §4218(c), (d), as §4218(b), (c). See 1997 Amendment note below.

Pub. L. 112–239, §3164(a)(3), renumbered Pub. L. 105–85, §1305(c), (d), as Pub. L. 107–314, §4218(c), (d). See 1997 Amendment note below.

Pub. L. 112–239, §3131(f)(1)(A), substituted "national security laboratories and nuclear weapons production facilities" for "nuclear weapons laboratories and nuclear weapons production plants" in section catchline.

Subsec. (a). Pub. L. 113–66, §3146(c)(7)(A), substituted "facilities" for "plants" in heading and "laboratory or facility" for "laboratory or plant" in two places in text.

Pub. L. 112–239, §3131(f)(1)(B), in first sentence, substituted "national security laboratory" for "nuclear weapons laboratory", "production facility" for "production plant", and "Administrator" for "Assistant Secretary of Energy for Defense Programs".

Subsec. (b). Pub. L. 112–239, §3131(f)(1)(C), substituted "Administrator" for "Assistant Secretary" in heading and in two places in text.

Subsec. (d). Pub. L. 113–66, §3146(c)(7)(B), substituted "assessment" for "certification" in heading and "submitted to the President and Congress with the matters required to be submitted under section 2525(f) of this title" for "included with the decision documents that accompany the annual certification of the safety and reliability of the United States nuclear weapons stockpile which is provided to the President" in text.

Subsec. (e). Pub. L. 112–239, §3131(f)(1)(D), struck out subsec. (e), which defined terms "nuclear weapons laboratory" and "nuclear weapons production plant".

1999—Subsecs. (d), (e). Pub. L. 106–65 added subsec. (d) and redesignated former subsec. (d) as (e).

1997—Subsec. (b). Pub. L. 107–314, §4218(b), (c), formerly §4218(c), (d), formerly Pub. L. 105–85, §1305(c), (d), substituted "Not later than 10 days" for "As soon as practicable" and "committees," for "committees and" and inserted before period at end ", and to the President".

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the advanced scientific computing research program and activities at Lawrence Livermore National Laboratory, including the functions of the Secretary of Energy relating thereto, to the Secretary of Homeland Security, see sections 183(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

All national security functions and activities performed immediately before Oct. 5, 1999, by nuclear weapons laboratories and production facilities defined in this section, transferred to the Administrator for Nuclear Security of the National Nuclear Security Administration of the Department of Energy, see section 2481 of this title.

§2534. Repealed. Pub. L. 113–66, div. C, title XXXI, §3146(c)(8)(A), Dec. 26, 2013, 127 Stat. 1075

Section, Pub. L. 107–314, div. D, title XLII, §4214, as added Pub. L. 109–364, div. C, title XXXI, §3111(a), Oct. 17, 2006, 120 Stat. 2502; amended Pub. L. 112–239, div. C, title XXXI, §3131(g)(1), Jan. 2, 2013, 126 Stat. 2181, related to plan for transformation of National Nuclear Security Administration nuclear security enterprise.

§2535. Repealed. Pub. L. 117–263, div. C, title XXXI, §3132(a)(1)(A)(i), Dec. 23, 2022, 136 Stat. 3060

Section, Pub. L. 107–314, div. D, title XLII, §4215, as added Pub. L. 112–239, div. C, title XXXI, §3114(a)(1), Jan. 2, 2013, 126 Stat. 2170; amended Pub. L. 113–66, div. C, title XXXI, §3146(c)(9), Dec. 26, 2013, 127 Stat. 1075, related to the replacement project for the Chemistry and Metallurgy Research Building at Los Alamos National Laboratory, New Mexico.

Statutory Notes and Related Subsidiaries

Alternative Plutonium Strategy; Full Operational Capability of Replacement Project

Pub. L. 112–239, div. C, title XXXI, §3114(c)–(e), Jan. 2, 2013, 126 Stat. 2171, 2172, as amended by Pub. L. 113–66, div. C, title XXXI, §3117, Dec. 26, 2013, 127 Stat. 1058, provided that:

"(c) Limitation on Alternative Plutonium Strategy.—

"(1) Limitation on use of funds.—Except as provided in paragraph (2), no funds authorized to be appropriated by this Act [see Tables for classification] or any other Act may be obligated or expended on any activities associated with a plutonium strategy for the National Nuclear Security Administration that does not include achieving full operational capability of the replacement project by December 31, 2026, as required by section 4215(e) of the Atomic Energy Defense Act [50 U.S.C. 2535(e)], as added by subsection (a).

"(2) Use of funds for modular building strategy.—The Administrator for Nuclear Security may obligate and expend funds referred to in paragraph (1) for activities relating to a modular building strategy on and after the date that is 60 days after the date on which the Nuclear Weapons Council established under section 179 of title 10, United States Code, notifies the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] that—

"(A) the modular building strategy—

"(i) meets requirements for maintaining the nuclear weapons stockpile over a 30-year period;

"(ii) meets requirements for implementation of a responsive infrastructure, including meeting plutonium pit production requirements; and

"(iii) will achieve full operating capability for not less than two modular structures by not later than 2027;

"(B) in fiscal year 2015, the National Nuclear Security Administration will begin the process of designing and building modular buildings in accordance with Department of Energy Order 413.3 (relating to relating to program management and project management for the acquisition of capital assets); and

"(C) the Administrator will include the costs of the modular building strategy in the estimated expenditures and proposed appropriations reflected in the future-years nuclear security program submitted under section 3253 of the National Nuclear Security Administration Act (50 U.S.C. 2453).

"(3) Modular building strategy defined.—In this subsection, the term 'modular building strategy' means an alternative strategy to the replacement project that consists of repurposing existing facilities and constructing a series of modular structures, each of which is fully useable, to complement the function of the plutonium facility (PF–4) at Los Alamos National Laboratory, New Mexico, in accordance with all applicable safety and security standards of the Department of Energy.

"(d) Naval Reactor Study.—

"(1) In general.—The Deputy Administrator for Naval Reactors shall conduct a study of the replacement project, including an analysis of the cost, benefits, and risks with respect to nuclear safety.

"(2) Submission.—Not later than 18 months after the date of the enactment of this Act [Jan. 2, 2013], the Deputy Administrator shall submit to the congressional defense committees a report on the study under paragraph (1), including recommendations of the Deputy Administrator with respect to the project structure, oversight model, and potential cost savings of the replacement project.

"(3) Consideration of recommendations.—In carrying out the replacement project, the Secretary of Energy shall consider the recommendations made by the Deputy Administrator in the report under paragraph (2) and incorporate such recommendations into the project as the Secretary considers appropriate.

"(4) Funding.—The Secretary of Energy and the Deputy Administrator shall carry out this subsection using funds authorized to be appropriated by this Act [see Tables for classification] or otherwise made available for the National Nuclear Security Administration that are not made available for the Naval Nuclear Propulsion Program.

"(e) Replacement Project Defined.—In this section [enacting this section and this note], the term 'replacement project' means the replacement project for the Chemistry and Metallurgy Research Building authorized by section 4215 of the Atomic Energy Defense Act [former 50 U.S.C. 2535], as added by subsection (a)."

§2536. Repealed. Pub. L. 118–159, div. C, title XXXI, §3111(c)(5), Dec. 23, 2024, 138 Stat. 2295

Section, Pub. L. 107–314, div. D, title XLII, §4216, as added Pub. L. 112–239, div. C, title XXXI, §3141(a), Jan. 2, 2013, 126 Stat. 2193; amended Pub. L. 113–66, div. C, title XXXI, §3146(a)(2)(B), Dec. 26, 2013, 127 Stat. 1072; Pub. L. 116–92, div. C, title XXXI, §3139(b)(4)(A), Dec. 20, 2019, 133 Stat. 1962, related to reports on life extension programs by the Nuclear Weapons Council.

§2537. Selected Acquisition Reports and independent cost estimates and reviews of certain programs and facilities

(a) Selected Acquisition Reports

(1) At the end of the first quarter of each fiscal year, the Secretary of Energy, acting through the Administrator, shall submit to the congressional defense committees a report on each nuclear weapon system undergoing life extension and each major alteration project (as defined in section 2753(a)(2) of this title) during the preceding fiscal year. The reports shall be known as Selected Acquisition Reports for the weapon system concerned.

(2) The information contained in the Selected Acquisition Report for a fiscal year for a nuclear weapon system shall be the information contained in the Selected Acquisition Report for each fiscal-year quarter in that fiscal year for a major defense acquisition program under section 4351 of title 10 or any successor system, expressed in terms of the nuclear weapon system.

(b) Independent cost estimates and reviews

(1) The Secretary, acting through the Administrator, shall submit to the congressional defense committees and the Nuclear Weapons Council the following:

(A) An independent cost estimate of the following:

(i) Each nuclear weapon system undergoing life extension at the completion of phase 6.2A or new weapon system at the completion of phase 2A, relating to design definition and cost study.

(ii) Each nuclear weapon system undergoing life extension at the completion of phase 6.3 or new weapon system at the completion of phase 3, relating to development engineering.

(iii) Each nuclear weapon system undergoing life extension at the completion of phase 6.4, relating to production engineering, and before the initiation of phase 6.5, relating to first production.

(iv) Each new weapon system at the completion of phase 4, relating to production engineering, and before the initiation of phase 5, relating to first production.

(v) Each new nuclear facility within the nuclear security enterprise that is estimated to cost more than $500,000,000 before such facility achieves critical decision 1 and before such facility achieves critical decision 2 in the acquisition process.

(vi) Each nuclear weapons system undergoing a major alteration project (as defined in section 2753(a)(2) of this title).

(B) An independent cost review of each nuclear weapon system undergoing life extension at the completion of phase 6.2 or new weapon system at the completion of phase 2, relating to study of feasibility and down-select.

(2) Each independent cost estimate and independent cost review under paragraph (1) shall include—

(A) whether the cost baseline or the budget estimate for the period covered by the future-years nuclear security program has changed, and the rationale for any such change; and

(B) any views of the Secretary or the Administrator regarding such estimate or review.

(3) The Administrator shall review and consider the results of any independent cost estimate or independent cost review of a nuclear weapon system or a nuclear facility, as the case may be, under this subsection before entering the next phase of the development process of such system or the acquisition process of such facility.

(4) Except as otherwise specified in paragraph (1), each independent cost estimate or independent cost review of a nuclear weapon system or a nuclear facility under this subsection shall be submitted not later than 30 days after the date on which—