SUBCHAPTER I—COORDINATION FOR NATIONAL SECURITY
§402. National Security Council
(a) Establishment; presiding officer; functions; composition
There is established a council to be known as the National Security Council (hereinafter in this section referred to as the "Council").
The President of the United States shall preside over meetings of the Council: Provided, That in his absence he may designate a member of the Council to preside in his place.
The function of the Council shall be to advise the President with respect to the integration of domestic, foreign, and military policies relating to the national security so as to enable the military services and the other departments and agencies of the Government to cooperate more effectively in matters involving the national security.
The Council shall be composed of—
(1) the President;
(2) the Vice President;
(3) the Secretary of State;
(4) the Secretary of Defense;
(5) the Secretary of Energy;
(6) the Director for Mutual Security;
(7) the Chairman of the National Security Resources Board; and
(8) the Secretaries and Under Secretaries of other executive departments and of the military departments, the Chairman of the Munitions Board, and the Chairman of the Research and Development Board, when appointed by the President by and with the advice and consent of the Senate, to serve at his pleasure.
(b) Additional functions
In addition to performing such other functions as the President may direct, for the purpose of more effectively coordinating the policies and functions of the departments and agencies of the Government relating to the national security, it shall, subject to the direction of the President, be the duty of the Council—
(1) to assess and appraise the objectives, commitments, and risks of the United States in relation to our actual and potential military power, in the interest of national security, for the purpose of making recommendations to the President in connection therewith; and
(2) to consider policies on matters of common interest to the departments and agencies of the Government concerned with the national security, and to make recommendations to the President in connection therewith.
(c) Executive secretary; appointment; staff employees
The Council shall have a staff to be headed by a civilian executive secretary who shall be appointed by the President. The executive secretary, subject to the direction of the Council, is authorized, subject to the civil-service laws and
(d) Recommendations and reports
The Council shall, from time to time, make such recommendations, and such other reports to the President as it deems appropriate or as the President may require.
(e) Participation of Chairman or Vice Chairman of Joint Chiefs of Staff
The Chairman (or in his absence the Vice Chairman) of the Joint Chiefs of Staff may, in his role as principal military adviser to the National Security Council and subject to the direction of the President, attend and participate in meetings of the National Security Council.
(f) Participation by Director of National Drug Control Policy
The Director of National Drug Control Policy may, in the role of the Director as principal adviser to the National Security Council on national drug control policy, and subject to the direction of the President, attend and participate in meetings of the National Security Council.
(g) Board for Low Intensity Conflict
The President shall establish within the National Security Council a board to be known as the "Board for Low Intensity Conflict". The principal function of the board shall be to coordinate the policies of the United States for low intensity conflict.
(h) Committee on Foreign Intelligence
(1) There is established within the National Security Council a committee to be known as the Committee on Foreign Intelligence (in this subsection referred to as the "Committee").
(2) The Committee shall be composed of the following:
(A) The Director of National Intelligence.
(B) The Secretary of State.
(C) The Secretary of Defense.
(D) The Assistant to the President for National Security Affairs, who shall serve as the chairperson of the Committee.
(E) Such other members as the President may designate.
(3) The function of the Committee shall be to assist the Council in its activities by—
(A) identifying the intelligence required to address the national security interests of the United States as specified by the President;
(B) establishing priorities (including funding priorities) among the programs, projects, and activities that address such interests and requirements; and
(C) establishing policies relating to the conduct of intelligence activities of the United States, including appropriate roles and missions for the elements of the intelligence community and appropriate targets of intelligence collection activities.
(4) In carrying out its function, the Committee shall—
(A) conduct an annual review of the national security interests of the United States;
(B) identify on an annual basis, and at such other times as the Council may require, the intelligence required to meet such interests and establish an order of priority for the collection and analysis of such intelligence; and
(C) conduct an annual review of the elements of the intelligence community in order to determine the success of such elements in collecting, analyzing, and disseminating the intelligence identified under subparagraph (B).
(5) The Committee shall submit each year to the Council and to the Director of National Intelligence a comprehensive report on its activities during the preceding year, including its activities under paragraphs (3) and (4).
(i) Committee on Transnational Threats
(1) There is established within the National Security Council a committee to be known as the Committee on Transnational Threats (in this subsection referred to as the "Committee").
(2) The Committee shall include the following members:
(A) The Director of National Intelligence.
(B) The Secretary of State.
(C) The Secretary of Defense.
(D) The Attorney General.
(E) The Assistant to the President for National Security Affairs, who shall serve as the chairperson of the Committee.
(F) Such other members as the President may designate.
(3) The function of the Committee shall be to coordinate and direct the activities of the United States Government relating to combatting transnational threats.
(4) In carrying out its function, the Committee shall—
(A) identify transnational threats;
(B) develop strategies to enable the United States Government to respond to transnational threats identified under subparagraph (A);
(C) monitor implementation of such strategies;
(D) make recommendations as to appropriate responses to specific transnational threats;
(E) assist in the resolution of operational and policy differences among Federal departments and agencies in their responses to transnational threats;
(F) develop policies and procedures to ensure the effective sharing of information about transnational threats among Federal departments and agencies, including law enforcement agencies and the elements of the intelligence community; and
(G) develop guidelines to enhance and improve the coordination of activities of Federal law enforcement agencies and elements of the intelligence community outside the United States with respect to transnational threats.
(5) For purposes of this subsection, the term "transnational threat" means the following:
(A) Any transnational activity (including international terrorism, narcotics trafficking, the proliferation of weapons of mass destruction and the delivery systems for such weapons, and organized crime) that threatens the national security of the United States.
(B) Any individual or group that engages in an activity referred to in subparagraph (A).
(j) Participation of Director of National Intelligence
The Director of National Intelligence (or, in the Director's absence, the Principal Deputy Director of National Intelligence) may, in the performance of the Director's duties under this Act and subject to the direction of the President, attend and participate in meetings of the National Security Council.
(k) Special Adviser to the President on International Religious Freedom
It is the sense of the Congress that there should be within the staff of the National Security Council a Special Adviser to the President on International Religious Freedom, whose position should be comparable to that of a director within the Executive Office of the President. The Special Adviser should serve as a resource for executive branch officials, compiling and maintaining information on the facts and circumstances of violations of religious freedom (as defined in
(l) Participation of Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism
The United States Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism (or, in the Coordinator's absence, the Deputy United States Coordinator) may, in the performance of the Coordinator's duty as principal advisor to the President on all matters relating to the prevention of weapons of mass destruction proliferation and terrorism, and, subject to the direction of the President, attend and participate in meetings of the National Security Council and the Homeland Security Council.
(July 26, 1947, ch. 343, title I, §101,
References in Text
This Act, referred to in subsec. (j), means act July 26, 1947, ch. 343,
Codification
In subsec. (c), provisions that specified compensation of $10,000 per year for the executive secretary to the Council were omitted. Section 304(b) of
In subsec. (c), "
Amendments
2007—Subsec. (a)(5) to (8).
Subsecs. (i), (k).
Subsec. (l).
2004—Subsec. (h)(2)(A).
Subsec. (h)(5).
Subsec. (i)(2)(A).
Subsec. (j).
1998—Subsecs. (f), (g).
Subsec. (i).
1996—Subsec. (h).
Subsec. (i).
Subsec. (j).
1992—Subsec. (h).
1988—Subsecs. (f), (g).
1986—Subsec. (e).
Subsec. (f).
1951—Subsec. (a). Act Oct. 10, 1951, inserted cl. (5) relating to Director for Mutual Security, in fourth paragraph, and renumbered former cls. (5) and (6) thereof as cls. (6) and (7), respectively.
1949—Subsec. (a). Act Aug. 10, 1949, added the Vice President to the Council, removed the Secretaries of the military departments, to authorize the President to add, with the consent of the Senate, Secretaries and Under Secretaries of other executive departments and of the military department, and the Chairmen of the Munitions Board and the Research and Development Board.
Subsec. (c). Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923, as amended".
Effective Date of 2007 Amendment
Amendment by
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
Effective and Termination Dates of 1988 Amendment
Amendment by
Repeals
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by
Transfer of Functions
Office of Director for Mutual Security abolished and functions of Director, including those as a member of National Security Council, transferred to Director of Foreign Operations Administration by Reorg. Plan No. 7 of 1953, eff. Aug. 1, 1953, 18 F.R. 4541, set out in the Appendix to Title 5, Government Organization and Employees. Foreign Operations Administration abolished by Ex. Ord. No. 10610, May 9, 1955, 20 F.R. 3179, and its functions and offices transferred to Department of State to be administered by International Cooperation Administration. For later transfer, see
National Security Resources Board, together with Office of Chairman, abolished by section 6 of Reorg. Plan No. 3 of 1953, eff. June 12, 1953, 18 F.R. 3375,
Munitions Board, together with office of Chairman, abolished by section 2 of Reorg. Plan No. 6 of 1953, eff. June 30, 1953, 18 F.R. 3743,
Research and Development Board, together with office of Chairman, abolished by section 2 of Reorg. Plan No. 6 of 1953, eff. June 30, 1953, 18 F.R. 3743,
National Security Council, together with its functions, records, property, personnel, and unexpended balances of appropriations, allocations, and other funds (available or to be made available) transferred to Executive Office of President by Reorg. Plan No. 4 of 1949, eff. Aug. 20, 1949, 14 F.R. 5227,
Rule of Construction for Duplicate Authorization and Appropriation Provisions of Public Laws 99–500 , 99–591 , and 99–661
For rule of construction for certain duplicate provisions of Public Laws
Section as Unaffected by Repeals
Repeals by section 542(a) of Mutual Security Act of 1954 did not repeal amendment to this section by act Oct. 10, 1951.
Pilot Program on Cryptologic Service Training
National Security Agency Act of 1959
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"(b) The reporting requirements of
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"(b) The Director of the National Security Agency, on behalf of the Secretary of Defense, may provide to certain civilian and military personnel of the Department of Defense who are assigned to special cryptologic activities outside the United States and who are designated by the Secretary of Defense for the purposes of this subsection—
"(1) allowances and benefits—
"(A) comparable to those provided by the Secretary of State to members of the Foreign Service under
"(B) in the case of selected personnel serving in circumstances similar to those in which personnel of the Central Intelligence Agency serve, comparable to those provided by the Director of Central Intelligence to personnel of the Central Intelligence Agency;
"(2) housing (including heat, light, and household equipment) without cost to such personnel, if the Director of the National Security Agency, on behalf of the Secretary of Defense determines that it would be in the public interest to provide such housing; and
"(3) special retirement accrual in the same manner provided in section 303 of the Central Intelligence Agency Retirement Act (
"(c) The authority of the Director of the National Security Agency, on behalf of the Secretary of Defense, to make payments under subsections (a) and (b), and under contracts for leases entered into under subsection (a), is effective for any fiscal year only to the extent that appropriated funds are available for such purpose.
"(d) Members of the Armed Forces may not receive benefits under both subsection (b)(1) and
"(e) Regulations issued pursuant to subsection (b)(1) shall be submitted to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate before such regulations take effect.
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"(1) may provide for the training and instruction to be furnished, including functional and geographic area specializations;
"(2) may arrange for training and instruction through other Government agencies and, in any case in which appropriate training or instruction is unavailable through Government facilities, through nongovernmental facilities that furnish training and instruction useful in the fields of language and foreign affairs;
"(3) may support programs that furnish necessary language and language-related skills, including, in any case in which appropriate programs are unavailable at Government facilities, support through contracts, grants, or cooperation with nongovernmental educational institutions; and
"(4) may obtain by appointment or contract the services of individuals to serve as language instructors, linguists, or special language project personnel.
"(b)(1) In order to maintain necessary capability in foreign language skills and related abilities needed by the National Security Agency, the Director, without regard to subchapter IV of
"(2) In order to provide linguistic training and support for cryptologic personnel, the Director—
"(A) may pay all or part of the tuition and other expenses related to the training of personnel who are assigned or detailed for language and language-related training, orientation, or instruction; and
"(B) may pay benefits and allowances to civilian personnel in accordance with chapters 57 and 59 of
"(c)(1) To the extent not inconsistent, in the opinion of the Secretary of Defense, with the operation of military cryptologic reserve units and in order to maintain necessary capability in foreign language skills and related abilities needed by the National Security Agency, the Director may establish a cryptologic linguist reserve. The cryptologic linguist reserve may consist of former or retired civilian or military cryptologic personnel of the National Security Agency and of other qualified individuals, as determined by the Director of the Agency. Each member of the cryptologic linguist reserve shall agree that, during any period of emergency (as determined by the Director), the member shall return to active civilian status with the National Security Agency and shall perform such linguistic or linguistic-related duties as the Director may assign.
"(2) In order to attract individuals to become members of the cryptologic linguist reserve, the Director, without regard to subchapter IV of
"(3) In order to provide training and support for members of the cryptologic linguist reserve, the Director—
"(A) may pay all or part of the tuition and other expenses related to the training of individuals in the cryptologic linguist reserve who are assigned or detailed for language and language-related training, orientation, or instruction; and
"(B) may pay benefits and allowances in accordance with chapters 57 and 59 of
"(d)(1) The Director, before providing training under this section to any individual, may obtain an agreement with that individual that—
"(A) in the case of current employees, pertains to continuation of service of the employee, and repayment of the expenses of such training for failure to fulfill the agreement, consistent with the provisions of
"(B) in the case of individuals accepted for membership in the cryptologic linguist reserve, pertains to return to service when requested, and repayment of the expenses of such training for failure to fulfill the agreement, consistent with the provisions of
"(2) The Director, under regulations prescribed under this section, may waive, in whole or in part, a right of recovery under an agreement made under this subsection if it is shown that the recovery would be against equity and good conscience or against the public interest.
"(e)(1) Subject to paragraph (2), the Director may provide to family members of military and civilian cryptologic personnel assigned to representational duties outside the United States, in anticipation of the assignment of such personnel outside the United States or while outside the United States, appropriate orientation and language training that is directly related to the assignment abroad.
"(2) Language training under paragraph (1) may not be provided to any individual through payment of the expenses of tuition or other cost of instruction at a non-Government educational institution unless appropriate instruction is not available at a Government facility.
"(f) The Director may waive the applicability of any provision of
"(g) The authority of the Director to enter into contracts or to make grants under this section is effective for any fiscal year only to the extent that appropriated funds are available for such purpose.
"(h) Regulations issued pursuant to this section shall be submitted to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate before such regulations take effect.
"(i) The Director of the National Security Agency, on behalf of the Secretary of Defense, may, without regard to
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"(A) at the National Security Agency Headquarters complex and at any facilities and protected property which are solely under the administration and control of, or are used exclusively by, the National Security Agency; and
"(B) in the streets, sidewalks, and the open areas within the zone beginning at the outside boundary of such facilities or protected property and extending outward 500 feet.
"(2) The performance of functions and exercise of powers under subparagraph (B) of paragraph (1) shall be limited to those circumstances where such personnel can identify specific and articulable facts giving such personnel reason to believe that the performance of such functions and exercise of such powers is reasonable to protect against physical damage or injury, or threats of physical damage or injury, to agency installations, property, or employees.
"(3) Nothing in this subsection shall be construed to preclude, or limit in any way, the authority of any Federal, State, or local law enforcement agency, or any other Federal police or Federal protective service.
"(4) The rules and regulations enforced by such personnel shall be the rules and regulations prescribed by the Director and shall only be applicable to the areas referred to in subparagraph (A) of paragraph (1).
"(5) Not later than July 1 each year through 2004, the Director shall submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a report that describes in detail the exercise of the authority granted by this subsection and the underlying facts supporting the exercise of such authority, during the preceding fiscal year. The Director shall make each such report available to the Inspector General of the National Security Agency.
"(b) The Director of the National Security Agency is authorized to establish penalties for violations of the rules or regulations prescribed by the Director under subsection (a). Such penalties shall not exceed those specified in
"(c) Agency personnel designated by the Director of the National Security Agency under subsection (a) shall be clearly identifiable as United States Government security personnel while engaged in the performance of the functions to which subsection (a) refers.
"(d)(1) Notwithstanding any other provision of law, agency personnel designated by the Director of the National Security Agency under subsection (a) shall be considered for purposes of
"(A) protect an individual in the presence of such agency personnel from a crime of violence;
"(B) provide immediate assistance to an individual who has suffered or who is threatened with bodily harm; or
"(C) prevent the escape of any individual whom such agency personnel reasonably believe to have committed a crime of violence in the presence of such agency personnel.
"(2) Paragraph (1) shall not affect the authorities of the Attorney General under
"(3) In this subsection, the term 'crime of violence' has the meaning given that term in
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"(A) meet the requirements set forth in
"(B) provide that positions in the Senior Cryptologic Executive Service meet requirements that are consistent with the provisions of section 3132(a)(2) of such title;
"(C) provide, without regard to section 2, rates of pay for the Senior Cryptologic Executive Service that are not in excess of the maximum rate or less than the minimum rate of basic pay established for the Senior Executive Service under section 5382 of such title, and that are adjusted at the same time and to the same extent as rates of basic pay for the Senior Executive Service are adjusted;
"(D) provide a performance appraisal system for the Senior Cryptologic Executive Service that conforms to the provisions of subchapter II of
"(E) provide for removal consistent with section 3592 of such title, and removal or suspension consistent with subsections (a), (b), and (c) of section 7543 of such title (except that any hearing or appeal to which a member of the Senior Cryptologic Executive Service is entitled shall be held or decided pursuant to procedures established by regulations of the Secretary of Defense or his designee);
"(F) permit the payment of performance awards to members of the Senior Cryptologic Executive Service consistent with the provisions applicable to performance awards under section 5384 of such title;
"(G) provide that members of the Senior Cryptologic Executive Service may be granted sabbatical leaves consistent with the provisions of section 3396(c) of such title.[;] and
"(H) provide for the recertification of members of the Senior Cryptologic Executive Service consistent with the provisions of section 3393a of such title.
"(2) Except as otherwise provided in subsection (a), the Secretary of Defense (or his designee) may—
"(A) make applicable to the Senior Cryptologic Executive Service any of the provisions of
"(B) appoint, promote, and assign individuals to positions established within the Senior Cryptologic Executive Service without regard to the provisions of
"(3) The President, based on the recommendations of the Secretary of Defense, may award ranks to members of the Senior Cryptologic Executive Service in a manner consistent with the provisions of
"(4) Notwithstanding any other provision of this section, the Director of the National Security Agency may detail or assign any member of the Senior Cryptologic Executive Service to serve in a position outside the National Security Agency in which the member's expertise and experience may be of benefit to the National Security Agency or another Government agency. Any such member shall not by reason of such detail or assignment lose any entitlement or status associated with membership in the Senior Cryptologic Executive Service.
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"(b) The grant program established by subsection (a) shall be conducted in accordance with the Federal Grant and Cooperative Agreement Act of 1977 (
"(c) The authority of the Director to make grants under this section is effective for any fiscal year only to the extent that appropriated funds are available for such purpose. [Added
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"(b) Whenever it appears to the Attorney General that any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought. [Added
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"(b) The Secretary of Defense is authorized, in his discretion, to assign civilians who may or may not be employees of the National Security Agency as students at accredited professional, technical, and other institutions of higher learning for training at the undergraduate or graduate level in skills critical to effective performance of the mission of the Agency. [Amended
"(c) The National Security Agency may pay, directly or by reimbursement to program participants, expenses incident to assignments under subsection (b), in any fiscal year only to the extent that appropriated funds are available for such purpose. [Amended
"(d)(1) To be eligible for assignment under subsection (b), a program participant, [sic] must agree in writing— [
"(A) to continue in the service of the Agency for the period of the assignment and to complete the educational course of training for which the program participant is assigned; [Amended
"(B) to continue in the service of the Agency following completion of the assignment for a period of one-and-a-half years for each year of the assignment or part thereof;
"(C) to reimburse the United States for the total cost of education (excluding the program participant's pay and allowances) provided under this section to the program participant if, prior to the program participant's completing the educational course of training for which the program participant is assigned, the assignment or the program participant's employment with the Agency is terminated—
"(i) by the Agency due to misconduct by the program participant;
"(ii) by the program participant voluntarily; or
"(iii) by the Agency for the failure of the program participant to maintain such level of academic standing in the educational course of training as the Director of the National Security Agency shall have specified in the agreement of the program participant under this subsection; and [Amended
"(D) to reimburse the United States if, after completing the educational course of training for which the program participant is assigned, the program participant's employment with the Agency is terminated either by the Agency due to misconduct by the program participant or by the program participant voluntarily, prior to the program participant's completion of the service obligation period described in subparagraph (B), in an amount that bears the same ratio to the total cost of the education (excluding the program participant's pay and allowances) provided to the program participant as the unserved portion of the service obligation period described in subparagraph (B) bears to the total period of the service obligation described in subparagraph (B). [Amended
"(2) Subject to paragraph (3), the obligation to reimburse the United States under an agreement described in paragraph (1), including interest due on such obligation, is for all purposes a debt owing the United States.
"(3)(A) A discharge in bankruptcy under
"(B) The Secretary of Defense may release a person, in whole or in part, from the obligation to reimburse the United States under an agreement described in paragraph (1) when, in his discretion, the Secretary determines that equity or the interests of the United States so require.
"(C) The Secretary of Defense shall permit an [sic] program participant assigned under this section who, prior to commencing a second academic year of such assignment, voluntarily terminates the assignment or the program participant's employment with the Agency, to satisfy his obligation under an agreement described in paragraph (1) to reimburse the United States by reimbursement according to a schedule of monthly payments which results in completion of reimbursement by a date five years after the date of termination of the assignment or employment or earlier at the option of the program participant. [Amended
"(e) Agency efforts to recruit individuals at educational institutions for participation in the undergraduate and graduate training program established by this section shall be made openly and according to the common practices of universities and employers recruiting at such institutions. [Amended
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"(g) The Secretary of Defense may issue such regulations as may be necessary to implement this section. [Added
"(h) The undergraduate and graduate training program established under this section shall be known as the Louis Stokes Educational Scholarship Program. [Added
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"(b) For the purposes of this section, the term 'rotational tour of duty', with respect to an employee, means a permanent change of station involving the transfer of the employee from the National Security Agency headquarters to another post of duty for a fixed period established by regulation to be followed at the end of such period by a permanent change of station involving a transfer of the employee back to such headquarters. [Added
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"(b) The Panel shall study and assess, and periodically advise the Director on, the research, development, and application of existing and emerging science and technology advances, advances in encryption, and other topics.
"(c) The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Panel. [Added
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"(b) The charges collected under subsection (a) shall be established through a public rulemaking process in accordance with Office of Management and Budget Circular No. A–25.
"(c) Charges collected under subsection (a) shall not exceed the direct costs of the program referred to in that subsection.
"(d) The appropriation or fund bearing the cost of the service for which charges are collected under the program referred to in subsection (a) may be reimbursed, or the Director may require advance payment subject to such adjustment on completion of the work as may be agreed upon.
"(e) Amounts collected under this section shall be credited to the account or accounts from which costs associated with such amounts have been or will be incurred, to reimburse or offset the direct costs of the program referred to in subsection (a)." [Added
[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
Executive Order No. 10483
Ex. Ord. No. 10483, Sept. 2, 1953, 18 F.R. 5379, as amended by Ex. Ord. No. 10598, Feb. 28, 1955, 20 F.R. 1237, which provided for an Operations Coordinating Board, was superseded by Ex. Ord. No. 10700, Feb. 25, 1957, formerly set out below.
Executive Order No. 10700
Ex. Ord. No. 10700, Feb. 25, 1957, 22 F.R. 1111, as amended by Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 6, 1958, 23 F.R. 6971; Ex. Ord. 10838, Sept. 16, 1959, 24 F.R. 7519, which provided for the Operations Coordinating Board, was revoked by Ex. Ord. No. 10920, Feb. 18, 1961, 26 F.R. 1463.
Ex. Ord. No. 13228. Establishing the Office of Homeland Security and the Homeland Security Council
Ex. Ord. No. 13228, Oct. 8, 2001, 66 F.R. 51812, as amended by Ex. Ord. No. 13284, §3, Jan. 23, 2003, 68 F.R. 4075; Ex. Ord. No. 13286, §8, Feb. 28, 2003, 68 F.R. 10622, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
(a) National Strategy. The Office shall work with executive departments and agencies, State and local governments, and private entities to ensure the adequacy of the national strategy for detecting, preparing for, preventing, protecting against, responding to, and recovering from terrorist threats or attacks within the United States and shall periodically review and coordinate revisions to that strategy as necessary.
(b) Detection. The Office shall identify priorities and coordinate efforts for collection and analysis of information within the United States regarding threats of terrorism against the United States and activities of terrorists or terrorist groups within the United States. The Office also shall identify, in coordination with the Assistant to the President for National Security Affairs, priorities for collection of intelligence outside the United States regarding threats of terrorism within the United States.
(i) In performing these functions, the Office shall work with Federal, State, and local agencies, as appropriate, to:
(A) facilitate collection from State and local governments and private entities of information pertaining to terrorist threats or activities within the United States;
(B) coordinate and prioritize the requirements for foreign intelligence relating to terrorism within the United States of executive departments and agencies responsible for homeland security and provide these requirements and priorities to the Director of Central Intelligence and other agencies responsible for collection of foreign intelligence;
(C) coordinate efforts to ensure that all executive departments and agencies that have intelligence collection responsibilities have sufficient technological capabilities and resources to collect intelligence and data relating to terrorist activities or possible terrorist acts within the United States, working with the Assistant to the President for National Security Affairs, as appropriate;
(D) coordinate development of monitoring protocols and equipment for use in detecting the release of biological, chemical, and radiological hazards; and
(E) ensure that, to the extent permitted by law, all appropriate and necessary intelligence and law enforcement information relating to homeland security is disseminated to and exchanged among appropriate executive departments and agencies responsible for homeland security and, where appropriate for reasons of homeland security, promote exchange of such information with and among State and local governments and private entities.
(ii) Executive departments and agencies shall, to the extent permitted by law, make available to the Office all information relating to terrorist threats and activities within the United States.
(c) Preparedness. The Office of Homeland Security shall coordinate national efforts to prepare for and mitigate the consequences of terrorist threats or attacks within the United States. In performing this function, the Office shall work with Federal, State, and local agencies, and private entities, as appropriate, to:
(i) review and assess the adequacy of the portions of all Federal emergency response plans that pertain to terrorist threats or attacks within the United States;
(ii) coordinate domestic exercises and simulations designed to assess and practice systems that would be called upon to respond to a terrorist threat or attack within the United States and coordinate programs and activities for training Federal, State, and local employees who would be called upon to respond to such a threat or attack;
(iii) coordinate national efforts to ensure public health preparedness for a terrorist attack, including reviewing vaccination policies and reviewing the adequacy of and, if necessary, increasing vaccine and pharmaceutical stockpiles and hospital capacity;
(iv) coordinate Federal assistance to State and local authorities and nongovernmental organizations to prepare for and respond to terrorist threats or attacks within the United States;
(v) ensure that national preparedness programs and activities for terrorist threats or attacks are developed and are regularly evaluated under appropriate standards and that resources are allocated to improving and sustaining preparedness based on such evaluations; and
(vi) ensure the readiness and coordinated deployment of Federal response teams to respond to terrorist threats or attacks, working with the Assistant to the President for National Security Affairs, when appropriate.
(d) Prevention. The Office shall coordinate efforts to prevent terrorist attacks within the United States. In performing this function, the Office shall work with Federal, State, and local agencies, and private entities, as appropriate, to:
(i) facilitate the exchange of information among such agencies relating to immigration and visa matters and shipments of cargo; and, working with the Assistant to the President for National Security Affairs, ensure coordination among such agencies to prevent the entry of terrorists and terrorist materials and supplies into the United States and facilitate removal of such terrorists from the United States, when appropriate;
(ii) coordinate efforts to investigate terrorist threats and attacks within the United States; and
(iii) coordinate efforts to improve the security of United States borders, territorial waters, and airspace in order to prevent acts of terrorism within the United States, working with the Assistant to the President for National Security Affairs, when appropriate.
(e) Protection. The Office shall coordinate efforts to protect the United States and its critical infrastructure from the consequences of terrorist attacks. In performing this function, the Office shall work with Federal, State, and local agencies, and private entities, as appropriate, to:
(i) strengthen measures for protecting energy production, transmission, and distribution services and critical facilities; other utilities; telecommunications; facilities that produce, use, store, or dispose of nuclear material; and other critical infrastructure services and critical facilities within the United States from terrorist attack;
(ii) coordinate efforts to protect critical public and privately owned information systems within the United States from terrorist attack;
(iii) develop criteria for reviewing whether appropriate security measures are in place at major public and privately owned facilities within the United States;
(iv) coordinate domestic efforts to ensure that special events determined by appropriate senior officials to have national significance are protected from terrorist attack;
(v) coordinate efforts to protect transportation systems within the United States, including railways, highways, shipping, ports and waterways, and airports and civilian aircraft, from terrorist attack;
(vi) coordinate efforts to protect United States livestock, agriculture, and systems for the provision of water and food for human use and consumption from terrorist attack; and
(vii) coordinate efforts to prevent unauthorized access to, development of, and unlawful importation into the United States of, chemical, biological, radiological, nuclear, explosive, or other related materials that have the potential to be used in terrorist attacks.
(f) Response and Recovery. The Office shall coordinate efforts to respond to and promote recovery from terrorist threats or attacks within the United States. In performing this function, the Office shall work with Federal, State, and local agencies, and private entities, as appropriate, to:
(i) coordinate efforts to ensure rapid restoration of transportation systems, energy production, transmission, and distribution systems; telecommunications; other utilities; and other critical infrastructure facilities after disruption by a terrorist threat or attack;
(ii) coordinate efforts to ensure rapid restoration of public and private critical information systems after disruption by a terrorist threat or attack;
(iii) work with the National Economic Council to coordinate efforts to stabilize United States financial markets after a terrorist threat or attack and manage the immediate economic and financial consequences of the incident;
(iv) coordinate Federal plans and programs to provide medical, financial, and other assistance to victims of terrorist attacks and their families; and
(v) coordinate containment and removal of biological, chemical, radiological, explosive, or other hazardous materials in the event of a terrorist threat or attack involving such hazards and coordinate efforts to mitigate the effects of such an attack.
(g) Incident Management. Consistent with applicable law, including the statutory functions of the Secretary of Homeland Security, the Assistant to the President for Homeland Security shall be the official primarily responsible for advising and assisting the President in the coordination of domestic incident management activities of all departments and agencies in the event of a terrorist threat, and during and in the aftermath of terrorist attacks, major disasters, or other emergencies, within the United States. Generally, the Assistant to the President for Homeland Security shall serve as the principal point of contact for and to the President with respect to the coordination of such activities. The Assistant to the President for Homeland Security shall coordinate with the Assistant to the President for National Security Affairs, as appropriate.
(h) Continuity of Government. The Assistant to the President for Homeland Security, in coordination with the Assistant to the President for National Security Affairs, shall review plans and preparations for ensuring the continuity of the Federal Government in the event of a terrorist attack that threatens the safety and security of the United States Government or its leadership.
(i) Public Affairs. The Office, subject to the direction of the White House Office of Communications, shall coordinate the strategy of the executive branch for communicating with the public in the event of a terrorist threat or attack within the United States. The Office also shall coordinate the development of programs for educating the public about the nature of terrorist threats and appropriate precautions and responses.
(j) Cooperation with State and Local Governments and Private Entities. The Office shall encourage and invite the participation of State and local governments and private entities, as appropriate, in carrying out the Office's functions.
(k) Review of Legal Authorities and Development of Legislative Proposals. The Office shall coordinate a periodic review and assessment of the legal authorities available to executive departments and agencies to permit them to perform the functions described in this order. When the Office determines that such legal authorities are inadequate, the Office shall develop, in consultation with executive departments and agencies, proposals for presidential action and legislative proposals for submission to the Office of Management and Budget to enhance the ability of executive departments and agencies to perform those functions. The Office shall work with State and local governments in assessing the adequacy of their legal authorities to permit them to detect, prepare for, prevent, protect against, and recover from terrorist threats and attacks.
(l) Budget Review. The Assistant to the President for Homeland Security, in consultation with the Director of the Office of Management and Budget (the "Director") and the heads of executive departments and agencies, shall identify programs that contribute to the Administration's strategy for homeland security and, in the development of the President's annual budget submission, shall review and provide advice to the heads of departments and agencies for such programs. The Assistant to the President for Homeland Security shall provide advice to the Director on the level and use of funding in departments and agencies for homeland security-related activities and, prior to the Director's forwarding of the proposed annual budget submission to the President for transmittal to the Congress, shall certify to the Director the funding levels that the Assistant to the President for Homeland Security believes are necessary and appropriate for the homeland security-related activities of the executive branch.
(a) The Office of Homeland Security shall be directed by the Assistant to the President for Homeland Security.
(b) The Office of Administration within the Executive Office of the President shall provide the Office of Homeland Security with such personnel, funding, and administrative support, to the extent permitted by law and subject to the availability of appropriations, as directed by the Chief of Staff to carry out the provisions of this order.
(c) Heads of executive departments and agencies are authorized, to the extent permitted by law, to detail or assign personnel of such departments and agencies to the Office of Homeland Security upon request of the Assistant to the President for Homeland Security, subject to the approval of the Chief of Staff.
(a) I hereby establish a Homeland Security Council (the "Council"), which shall be responsible for advising and assisting the President with respect to all aspects of homeland security. The Council shall serve as the mechanism for ensuring coordination of homeland security-related activities of executive departments and agencies and effective development and implementation of homeland security policies.
(b) The Council shall have as its members the President, the Vice President, the Secretary of the Treasury, the Secretary of Defense, the Attorney General, the Secretary of Health and Human Services, the Secretary of Transportation, the Secretary of Homeland Security, the Director of the Federal Emergency Management Agency, the Director of the Federal Bureau of Investigation, the Director of Central Intelligence, the Assistant to the President for Homeland Security, and such other officers of the executive branch as the President may from time to time designate. The Chief of Staff, the Chief of Staff to the Vice President, the Assistant to the President for National Security Affairs, the Counsel to the President, and the Director of the Office of Management and Budget also are invited to attend any Council meeting. The Secretary of State, the Secretary of Agriculture, the Secretary of the Interior, the Secretary of Energy, the Secretary of Labor, the Secretary of Commerce, the Secretary of Veterans Affairs, the Administrator of the Environmental Protection Agency, the Assistant to the President for Economic Policy, and the Assistant to the President for Domestic Policy shall be invited to attend meetings pertaining to their responsibilities. The heads of other executive departments and agencies and other senior officials shall be invited to attend Council meetings when appropriate.
(c) The Council shall meet at the President's direction. When the President is absent from a meeting of the Council, at the President's direction the Vice President may preside. The Assistant to the President for Homeland Security shall be responsible, at the President's direction, for determining the agenda, ensuring that necessary papers are prepared, and recording Council actions and Presidential decisions.
(a) This order does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its departments, agencies or instrumentalities, its officers or employees, or any other person.
(b) References in this order to State and local governments shall be construed to include tribal governments and United States territories and other possessions.
(c) References to the "United States" shall be construed to include United States territories and possessions.
George W. Bush.
Executive Order No. 13260
Ex. Ord. No. 13260, Mar. 19, 2002, 67 F.R. 13241, as amended by Ex. Ord. No. 13286, §4, Feb. 28, 2003, 68 F.R. 10619, which established the President's Homeland Security Advisory Council and Senior Advisory Committees for Homeland Security, was revoked by Ex. Ord. No. 13286, §4, Feb. 28, 2003, 68 F.R. 10619, eff. Mar. 31, 2003.
§402–1. Joint Intelligence Community Council
(a) Joint Intelligence Community Council
There is a Joint Intelligence Community Council.
(b) Membership
The Joint Intelligence Community Council shall consist of the following:
(1) The Director of National Intelligence, who shall chair the Council.
(2) The Secretary of State.
(3) The Secretary of the Treasury.
(4) The Secretary of Defense.
(5) The Attorney General.
(6) The Secretary of Energy.
(7) The Secretary of Homeland Security.
(8) Such other officers of the United States Government as the President may designate from time to time.
(c) Functions
The Joint Intelligence Community Council shall assist the Director of National Intelligence in developing and implementing a joint, unified national intelligence effort to protect national security by—
(1) advising the Director on establishing requirements, developing budgets, financial management, and monitoring and evaluating the performance of the intelligence community, and on such other matters as the Director may request; and
(2) ensuring the timely execution of programs, policies, and directives established or developed by the Director.
(d) Meetings
The Director of National Intelligence shall convene regular meetings of the Joint Intelligence Community Council.
(e) Advice and opinions of members other than Chairman
(1) A member of the Joint Intelligence Community Council (other than the Chairman) may submit to the Chairman advice or an opinion in disagreement with, or advice or an opinion in addition to, the advice presented by the Director of National Intelligence to the President or the National Security Council, in the role of the Chairman as Chairman of the Joint Intelligence Community Council. If a member submits such advice or opinion, the Chairman shall present the advice or opinion of such member at the same time the Chairman presents the advice of the Chairman to the President or the National Security Council, as the case may be.
(2) The Chairman shall establish procedures to ensure that the presentation of the advice of the Chairman to the President or the National Security Council is not unduly delayed by reason of the submission of the individual advice or opinion of another member of the Council.
(f) Recommendations to Congress
Any member of the Joint Intelligence Community Council may make such recommendations to Congress relating to the intelligence community as such member considers appropriate.
(July 26, 1947, ch. 343, title I, §101A, as added
Effective Date
For Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of
§402a. Coordination of counterintelligence activities
(a) Establishment of Counterintelligence Policy Board
There is established within the executive branch of Government a National Counterintelligence Policy Board (in this section referred to as the "Board"). The Board shall report to the President through the National Security Council.
(b) Chairperson
The National Counterintelligence Executive under section 902 of the Counterintelligence Enhancement Act of 2002 [
(c) Membership
The membership of the National Counterintelligence Policy Board shall consist of the following:
(1) The National Counterintelligence Executive.
(2) Senior personnel of departments and elements of the United States Government, appointed by the head of the department or element concerned, as follows:
(A) The Department of Justice, including the Federal Bureau of Investigation.
(B) The Department of Defense, including the Joint Chiefs of Staff.
(C) The Department of State.
(D) The Department of Energy.
(E) The Central Intelligence Agency.
(F) Any other department, agency, or element of the United States Government specified by the President.
(d) Functions and discharge of functions
(1) The Board shall—
(A) serve as the principal mechanism for—
(i) developing policies and procedures for the approval of the President to govern the conduct of counterintelligence activities; and
(ii) upon the direction of the President, resolving conflicts that arise between elements of the Government conducting such activities; and
(B) act as an interagency working group to—
(i) ensure the discussion and review of matters relating to the implementation of the Counterintelligence Enhancement Act of 2002; and
(ii) provide advice to the National Counterintelligence Executive on priorities in the implementation of the National Counterintelligence Strategy produced by the Office of the National Counterintelligence Executive under section 904(e)(2) of that Act.1
(2) The Board may, for purposes of carrying out its functions under this section, establish such interagency boards and working groups as the Board considers appropriate.
(e) Coordination of counterintelligence matters with Federal Bureau of Investigation
(1) Except as provided in paragraph (5), the head of each department or agency within the executive branch shall ensure that—
(A) the Federal Bureau of Investigation is advised immediately of any information, regardless of its origin, which indicates that classified information is being, or may have been, disclosed in an unauthorized manner to a foreign power or an agent of a foreign power;
(B) following a report made pursuant to subparagraph (A), the Federal Bureau of Investigation is consulted with respect to all subsequent actions which may be undertaken by the department or agency concerned to determine the source of such loss or compromise; and
(C) where, after appropriate consultation with the department or agency concerned, the Federal Bureau of Investigation undertakes investigative activities to determine the source of the loss or compromise, the Federal Bureau of Investigation is given complete and timely access to the employees and records of the department or agency concerned for purposes of such investigative activities.
(2) Except as provided in paragraph (5), the Director of the Federal Bureau of Investigation shall ensure that espionage information obtained by the Federal Bureau of Investigation pertaining to the personnel, operations, or information of departments or agencies of the executive branch, is provided through appropriate channels in a timely manner to the department or agency concerned, and that such departments or agencies are consulted in a timely manner with respect to espionage investigations undertaken by the Federal Bureau of Investigation which involve the personnel, operations, or information of such department or agency.
(3)(A) The Director of the Federal Bureau of Investigation shall submit to the head of the department or agency concerned a written assessment of the potential impact of the actions of the department or agency on a counterintelligence investigation.
(B) The head of the department or agency concerned shall—
(i) use an assessment under subparagraph (A) as an aid in determining whether, and under what circumstances, the subject of an investigation under paragraph (1) should be left in place for investigative purposes; and
(ii) notify in writing the Director of the Federal Bureau of Investigation of such determination.
(C) The Director of the Federal Bureau of Investigation and the head of the department or agency concerned shall continue to consult, as appropriate, to review the status of an investigation covered by this paragraph, and to reassess, as appropriate, a determination of the head of the department or agency concerned to leave a subject in place for investigative purposes.
(4)(A) The Federal Bureau of Investigation shall notify appropriate officials within the executive branch, including the head of the department or agency concerned, of the commencement of a full field espionage investigation with respect to an employee within the executive branch.
(B) A department or agency may not conduct a polygraph examination, interrogate, or otherwise take any action that is likely to alert an employee covered by a notice under subparagraph (A) of an investigation described in that subparagraph without prior coordination and consultation with the Federal Bureau of Investigation.
(5) Where essential to meet extraordinary circumstances affecting vital national security interests of the United States, the President may on a case-by-case basis waive the requirements of paragraph (1), (2), or (3), as they apply to the head of a particular department or agency, or the Director of the Federal Bureau of Investigation. Such waiver shall be in writing and shall fully state the justification for such waiver. Within thirty days, the President shall notify the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives that such waiver has been issued, and at that time or as soon as national security considerations permit, provide these committees with a complete explanation of the circumstances which necessitated such waiver.
(6) Nothing in this section may be construed to alter the existing jurisdictional arrangements between the Federal Bureau of Investigation and the Department of Defense with respect to investigations of persons subject to the Uniform Code of Military Justice, nor to impose additional reporting requirements upon the Department of Defense with respect to such investigations beyond those required by existing law and executive branch policy.
(7) As used in this section, the terms "foreign power" and "agent of a foreign power" have the same meanings as set forth in sections 1 1801(a) and (b), respectively, of this title.
(
References in Text
The Counterintelligence Enhancement Act of 2002, referred to in subsec. (d)(1)(B), is title IX of
Codification
Section was enacted as part of the Counterintelligence and Security Enhancements Act of 1994 and also as part of the Intelligence Authorization Act for Fiscal Year 1995, and not as part of the National Security Act of 1947 which comprises this chapter.
Amendments
2004—Subsec. (c)(6)(C).
2003—Subsec. (e).
"(6)(A) Not later each year than the date provided in
"(B) Not later than February 1 each year, the Director shall, in accordance with applicable security procedures, submit to the Committees on the Judiciary of the Senate and House of Representatives a report with respect to compliance with paragraphs (1) and (2) during the previous calendar year.
"(C) The Director of the Federal Bureau of Investigation shall submit each report under this paragraph in consultation with the Director of Central Intelligence and the Secretary of Defense."
2002—Subsec. (b).
"(1) developing policies and procedures for the approval of the President to govern the conduct of counterintelligence activities; and
"(2) resolving conflicts, as directed by the President, which may arise between elements of the Government which carry out such activities."
Subsec. (c).
Subsec. (c)(6).
Subsec. (d).
Subsec. (e).
2000—Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (c)(4).
Subsec. (c)(5).
Subsec. (c)(6) to (8).
1999—Subsec. (c)(2).
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
Effective Date of 2003 Amendment
Amendment by
Annual Reports on Intelligence Activities of the People's Republic of China
1 See References in Text note below.
1 So in original. Probably should be "section".
§402b. National Counterintelligence Executive
(a) Establishment
(1) There shall be a National Counterintelligence Executive, who shall be appointed by the Director of National Intelligence.
(2) It is the sense of Congress that the Director of National Intelligence should seek the views of the Attorney General, Secretary of Defense, and Director of the Central Intelligence Agency in selecting an individual for appointment as the Executive.
(b) Mission
The mission of the National Counterintelligence Executive shall be to serve as the head of national counterintelligence for the United States Government.
(c) Duties
Subject to the direction and control of the Director of National Intelligence, the duties of the National Counterintelligence Executive are as follows:
(1) To carry out the mission referred to in subsection (b) of this section.
(2) To act as chairperson of the National Counterintelligence Policy Board under
(3) To act as head of the Office of the National Counterintelligence Executive under
(4) To participate as an observer on such boards, committees, and entities of the executive branch as the Director of National Intelligence considers appropriate for the discharge of the mission and functions of the Executive and the Office of the National Counterintelligence Executive under
(
Codification
Section was enacted as part of the Counterintelligence Enhancement Act of 2002, and also as part of the Intelligence Authorization Act for Fiscal Year 2003, and not as part of the National Security Act of 1947 which comprises this chapter.
Amendments
2004—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (c).
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
Purpose
"(1) enabling the counterintelligence community of the United States Government to fulfill better its mission of identifying, assessing, prioritizing, and countering the intelligence threats to the United States;
"(2) ensuring that the counterintelligence community of the United States Government acts in an efficient and effective manner; and
"(3) providing for the integration of all the counterintelligence activities of the United States Government."
§402c. Office of the National Counterintelligence Executive
(a) Establishment
There shall be an Office of the National Counterintelligence Executive.
(b) Head of Office
The National Counterintelligence Executive shall be the head of the Office of the National Counterintelligence Executive.
(c) Location of Office
The Office of the National Counterintelligence Executive shall be located in the Office of the Director of National Intelligence.
(d) Functions
Subject to the direction and control of the National Counterintelligence Executive, the functions of the Office of the National Counterintelligence Executive shall be as follows:
(1) National threat identification and prioritization assessment
Subject to subsection (e), in consultation with appropriate department and agencies of the United States Government, and private sector entities, to produce on an annual basis a strategic planning assessment of the counterintelligence requirements of the United States to be known as the National Threat Identification and Prioritization Assessment.
(2) National Counterintelligence Strategy
Subject to subsection (e), in consultation with appropriate department and agencies of the United States Government, and private sector entities, and based on the most current National Threat Identification and Prioritization Assessment under paragraph (1), to produce on an annual basis a strategy for the counterintelligence programs and activities of the United States Government to be known as the National Counterintelligence Strategy.
(3) Implementation of National Counterintelligence Strategy
To evaluate on an ongoing basis the implementation of the National Counterintelligence Strategy and to submit to the President periodic reports on such evaluation, including a discussion of any shortfalls in the implementation of the Strategy and recommendations for remedies for such shortfalls.
(4) National counterintelligence strategic analyses
As directed by the Director of National Intelligence and in consultation with appropriate elements of the departments and agencies of the United States Government, to oversee and coordinate the production of strategic analyses of counterintelligence matters, including the production of counterintelligence damage assessments and assessments of lessons learned from counterintelligence activities.
(5) National counterintelligence program budget
In consultation with the Director of National Intelligence—
(A) to coordinate the development of budgets and resource allocation plans for the counterintelligence programs and activities of the Department of Defense, the Federal Bureau of Investigation, the Central Intelligence Agency, and other appropriate elements of the United States Government;
(B) to ensure that the budgets and resource allocation plans developed under subparagraph (A) address the objectives and priorities for counterintelligence under the National Counterintelligence Strategy; and
(C) to submit to the National Security Council periodic reports on the activities undertaken by the Office under subparagraphs (A) and (B).
(6) National counterintelligence collection and targeting coordination
To develop priorities for counterintelligence investigations and operations, and for collection of counterintelligence, for purposes of the National Counterintelligence Strategy, except that the Office may not—
(A) carry out any counterintelligence investigations or operations; or
(B) establish its own contacts, or carry out its own activities, with foreign intelligence services.
(7) National counterintelligence outreach, watch, and warning
(A) Counterintelligence vulnerability surveys
To carry out and coordinate surveys of the vulnerability of the United States Government, and the private sector, to intelligence threats in order to identify the areas, programs, and activities that require protection from such threats.
(B) Outreach
To carry out and coordinate outreach programs and activities on counterintelligence to other elements of the United States Government, and the private sector, and to coordinate the dissemination to the public of warnings on intelligence threats to the United States.
(C) Research and development
To ensure that research and development programs and activities of the United States Government, and the private sector, direct attention to the needs of the counterintelligence community for technologies, products, and services.
(D) Training and professional development
To develop policies and standards for training and professional development of individuals engaged in counterintelligence activities and to manage the conduct of joint training exercises for such personnel.
(e) Additional requirements regarding National Threat Identification and Prioritization Assessment and National Counterintelligence Strategy
(1) A National Threat Identification and Prioritization Assessment under subsection (d)(1), and any modification of such assessment, shall not go into effect until approved by the President.
(2) A National Counterintelligence Strategy under subsection (d)(2), and any modification of such strategy, shall not go into effect until approved by the President.
(3) The National Counterintelligence Executive shall submit to the congressional intelligence committees each National Threat Identification and Prioritization Assessment, or modification thereof, and each National Counterintelligence Strategy, or modification thereof, approved under this section.
(4) In this subsection, the term "congressional intelligence committees" means—
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence of the House of Representatives.
(f) Personnel
(1) Personnel of the Office of the National Counterintelligence Executive may consist of personnel employed by the Office or personnel on detail from any other department, agency, or element of the Federal Government. Any such detail may be on a reimbursable or nonreimbursable basis, at the election of the head of the agency detailing such personnel.
(2) Notwithstanding section 104(d) 1 or any other provision of law limiting the period of the detail of personnel on a nonreimbursable basis, the detail of an officer or employee of United States or a member of the Armed Forces under paragraph (1) on a nonreimbursable basis may be for any period in excess of one year that the National Counterintelligence Executive and the head of the department, agency, or element concerned consider appropriate.
(g) Treatment of activities under certain administrative laws
The files of the Office shall be treated as operational files of the Central Intelligence Agency for purposes of section 701 of the National Security Act of 1947 (
(h) Oversight by Congress
The location of the Office of the National Counterintelligence Executive within the Office of the Director of National Intelligence shall not be construed as affecting access by Congress, or any committee of Congress, to—
(1) any information, document, record, or paper in the possession of the Office; or
(2) any personnel of the Office.
(i) Construction
Nothing in this section shall be construed as affecting the authority of the Director of National Intelligence, the Secretary of Defense, the Secretary of State, the Attorney General, or the Director of the Federal Bureau of Investigation as provided or specified under the National Security Act of 1947 or under other provisions of law.
(
References in Text
Section 104(d), referred to in subsec. (f)(2), is section 104(d) of
The National Security Act of 1947, referred to in subsec. (i), is act July 26, 1947, ch. 343,
Codification
Section was enacted as part of the Counterintelligence Enhancement Act of 2002, and also as part of the Intelligence Authorization Act for Fiscal Year 2003, and not as part of the National Security Act of 1947 which comprises this chapter.
Amendments
2010—Subsec. (d).
"(1) There shall be in the Office of the National Counterintelligence Executive a general counsel who shall serve as principal legal advisor to the National Counterintelligence Executive.
"(2) The general counsel shall—
"(A) provide legal advice and counsel to the Executive on matters relating to functions of the Office;
"(B) ensure that the Office complies with all applicable laws, regulations, Executive orders, and guidelines; and
"(C) carry out such other duties as the Executive may specify."
Subsec. (d)(1), (2).
Subsec. (e).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (f).
Subsec. (f)(3), (4).
"(3) The employment of personnel by the Office, including the appointment, compensation and benefits, management, and separation of such personnel, shall be governed by the provisions of law on such matters with respect to the personnel of the Central Intelligence Agency, except that, for purposes of the applicability of such provisions of law to personnel of the Office, the National Counterintelligence Executive shall be treated as the head of the Office.
"(4) Positions in the Office shall be excepted service positions for purposes of title 5."
Subsecs. (g) to (m).
2004—Subsec. (c).
Subsec. (e)(4).
Subsec. (e)(5).
Subsec. (h)(1), (2).
Subsec. (l).
Subsec. (m).
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
1 See References in Text note below.
§403. Director of National Intelligence
(a) Director of National Intelligence
(1) There is a Director of National Intelligence who shall be appointed by the President, by and with the advice and consent of the Senate. Any individual nominated for appointment as Director of National Intelligence shall have extensive national security expertise.
(2) The Director of National Intelligence shall not be located within the Executive Office of the President.
(b) Principal responsibility
Subject to the authority, direction, and control of the President, the Director of National Intelligence shall—
(1) serve as head of the intelligence community;
(2) act as the principal adviser to the President, to the National Security Council, and the Homeland Security Council for intelligence matters related to the national security; and
(3) consistent with section 1018 of the National Security Intelligence Reform Act of 2004, oversee and direct the implementation of the National Intelligence Program.
(c) Prohibition on dual service
The individual serving in the position of Director of National Intelligence shall not, while so serving, also serve as the Director of the Central Intelligence Agency or as the head of any other element of the intelligence community.
(July 26, 1947, ch. 343, title I, §102, as added
References in Text
Section 1018 of the National Security Intelligence Reform Act of 2004, referred to in subsec. (b)(3), is section 1018 of
Prior Provisions
A prior section 403, act July 26, 1947, ch. 343, title I, §102, as added and amended
Another prior section 403, acts July 26, 1947, ch. 343, title I, §102,
Effective Date
For Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of
Presidential Guidelines on Implementation and Preservation of Authorities
"(1) the authority of the Director of the Office of Management and Budget; and
"(2) the authority of the principal officers of the executive departments as heads of their respective departments, including, but not limited to, under—
"(A) section 199 of the Revised Statutes (
"(B) title II of the Department of Energy Organization Act (
"(C) the State Department Basic Authorities Act of 1956 [Act Aug. 1, 1956, ch. 841, see Tables for classification];
"(D) section 102(a) of the Homeland Security Act of 2002 (
"(E)
Improvement of Equality of Employment Opportunities in the Intelligence Community
"(1) It is the recommendation of the Joint Inquiry of the Senate Select Committee on Intelligence and the House Permanent Select Committee on Intelligence into Intelligence Community Activities Before and After the Terrorist Attacks of September 11, 2001, that the Intelligence Community should enhance recruitment of a more ethnically and culturally diverse workforce and devise a strategy to capitalize upon the unique cultural and linguistic capabilities of first generation Americans.
"(2) The Intelligence Community could greatly benefit from an increased number of employees who are proficient in foreign languages and knowledgeable of world cultures, especially in foreign languages that are critical to the national security interests of the United States. Particular emphasis should be given to the recruitment of United States citizens whose linguistic capabilities are acutely required for the improvement of the overall intelligence collection and analysis effort of the United States Government.
"(3) The Intelligence Community has a significantly lower percentage of women and minorities than the total workforce of the Federal government and the total civilian labor force.
"(4) Women and minorities continue to be under-represented in senior grade levels, and in core mission areas, of the intelligence community."
Report on Lessons Learned From Military Operations in Iraq
"(a)
"(1) The tasking, collection, processing, exploitation, analysis, and dissemination of intelligence.
"(2) The accuracy, timeliness, and objectivity of intelligence analysis.
"(3) The intelligence support available to policymakers and members of the Armed Forces in combat.
"(4) The coordination of intelligence activities and operations with military operations.
"(5) The strengths and limitations of intelligence systems and equipment.
"(6) Such other matters as the Director considers appropriate.
"(b)
"(c)
"(1) the Permanent Select Committee on Intelligence and the Committee on Armed Services of the House of Representatives; and
"(2) the Select Committee on Intelligence and the Committee on Armed Services of the Senate."
Central Intelligence Agency Retirement and Disability System
Executive Order No. 10656
Ex. Ord. No. 10656, Feb. 6, 1956, 21 F.R. 859, which established the President's Board of Consultants on Foreign Intelligence Activities, was revoked by Ex. Ord. No. 10938, May 4, 1961, 26 F.R. 3951, formerly set out below.
Executive Order No. 10938
Ex. Ord. No. 10938, May 4, 1961, 26 F.R. 3951, which established the President's Foreign Intelligence Advisory Board, was revoked by Ex. Ord. No. 11460, Mar. 20, 1969, 34 F.R. 5535, formerly set out below.
Executive Order No. 11460
Ex. Ord. No. 11460, Mar. 20, 1969, 34 F.R. 5535, which established the President's Foreign Intelligence Advisory Board, was revoked by Ex. Ord. No. 11984, May 4, 1977, 42 F.R. 23129, set out below.
Ex. Ord. No. 11984. Abolition of President's Foreign Intelligence Advisory Board
Ex. Ord. No. 11984, May 4, 1977, 42 F.R. 23129, provided:
By virtue of the authority vested in me by the Constitution and statutes of the United States of America, and as President of the United States of America, in order to abolish the President's Foreign Intelligence Advisory Board, Executive Order No. 11460 of March 20, 1969, is hereby revoked.
Jimmy Carter.
Executive Order No. 12331
Ex. Ord. No. 12331, Oct. 20, 1981, 46 F.R. 51705, which established the President's Foreign Intelligence Advisory Board, was revoked by Ex. Ord. No. 12537, Oct. 28, 1985, 50 F.R. 45083, formerly set out below.
Executive Order No. 12537
Ex. Ord. No. 12537, Oct. 28, 1985, 50 F.R. 45083, as amended by Ex. Ord. No. 12624, Jan. 6, 1988, 53 F.R. 489, which established the President's Foreign Intelligence Advisory Board, was revoked by Ex. Ord. No. 12863, §3.3, Sept. 13, 1993, 58 F.R. 48441, formerly set out as a note under
§403–1. Responsibilities and authorities of the Director of National Intelligence
(a) Provision of intelligence
(1) The Director of National Intelligence shall be responsible for ensuring that national intelligence is provided—
(A) to the President;
(B) to the heads of departments and agencies of the executive branch;
(C) to the Chairman of the Joint Chiefs of Staff and senior military commanders;
(D) to the Senate and House of Representatives and the committees thereof; and
(E) to such other persons as the Director of National Intelligence determines to be appropriate.
(2) Such national intelligence should be timely, objective, independent of political considerations, and based upon all sources available to the intelligence community and other appropriate entities.
(b) Access to intelligence
Unless otherwise directed by the President, the Director of National Intelligence shall have access to all national intelligence and intelligence related to the national security which is collected by any Federal department, agency, or other entity, except as otherwise provided by law or, as appropriate, under guidelines agreed upon by the Attorney General and the Director of National Intelligence.
(c) Budget authorities
(1) With respect to budget requests and appropriations for the National Intelligence Program, the Director of National Intelligence shall—
(A) based on intelligence priorities set by the President, provide to the heads of departments containing agencies or organizations within the intelligence community, and to the heads of such agencies and organizations, guidance for developing the National Intelligence Program budget pertaining to such agencies and organizations;
(B) based on budget proposals provided to the Director of National Intelligence by the heads of agencies and organizations within the intelligence community and the heads of their respective departments and, as appropriate, after obtaining the advice of the Joint Intelligence Community Council, develop and determine an annual consolidated National Intelligence Program budget; and
(C) present such consolidated National Intelligence Program budget, together with any comments from the heads of departments containing agencies or organizations within the intelligence community, to the President for approval.
(2) In addition to the information provided under paragraph (1)(B), the heads of agencies and organizations within the intelligence community shall provide the Director of National Intelligence such other information as the Director shall request for the purpose of determining the annual consolidated National Intelligence Program budget under that paragraph.
(3)(A) The Director of National Intelligence shall participate in the development by the Secretary of Defense of the annual budget for the Military Intelligence Program or any successor program or programs.
(B) The Director of National Intelligence shall provide guidance for the development of the annual budget for each element of the intelligence community that is not within the National Intelligence Program.
(4) The Director of National Intelligence shall ensure the effective execution of the annual budget for intelligence and intelligence-related activities.
(5)(A) The Director of National Intelligence shall be responsible for managing appropriations for the National Intelligence Program by directing the allotment or allocation of such appropriations through the heads of the departments containing agencies or organizations within the intelligence community and the Director of the Central Intelligence Agency, with prior notice (including the provision of appropriate supporting information) to the head of the department containing an agency or organization receiving any such allocation or allotment or the Director of the Central Intelligence Agency.
(B) Notwithstanding any other provision of law, pursuant to relevant appropriations Acts for the National Intelligence Program, the Director of the Office of Management and Budget shall exercise the authority of the Director of the Office of Management and Budget to apportion funds, at the exclusive direction of the Director of National Intelligence, for allocation to the elements of the intelligence community through the relevant host executive departments and the Central Intelligence Agency. Department comptrollers or appropriate budget execution officers shall allot, allocate, reprogram, or transfer funds appropriated for the National Intelligence Program in an expeditious manner.
(C) The Director of National Intelligence shall monitor the implementation and execution of the National Intelligence Program by the heads of the elements of the intelligence community that manage programs and activities that are part of the National Intelligence Program, which may include audits and evaluations.
(6) Apportionment and allotment of funds under this subsection shall be subject to
(7)(A) The Director of National Intelligence shall provide a semi-annual report, beginning April 1, 2005, and ending April 1, 2007, to the President and the Congress regarding implementation of this section.
(B) The Director of National Intelligence shall report to the President and the Congress not later than 15 days after learning of any instance in which a departmental comptroller acts in a manner inconsistent with the law (including permanent statutes, authorization Acts, and appropriations Acts), or the direction of the Director of National Intelligence, in carrying out the National Intelligence Program.
(d) Role of Director of National Intelligence in transfer and reprogramming of funds
(1)(A) No funds made available under the National Intelligence Program may be transferred or reprogrammed without the prior approval of the Director of National Intelligence, except in accordance with procedures prescribed by the Director of National Intelligence.
(B) The Secretary of Defense shall consult with the Director of National Intelligence before transferring or reprogramming funds made available under the Military Intelligence Program or any successor program or programs.
(2) Subject to the succeeding provisions of this subsection, the Director of National Intelligence may transfer or reprogram funds appropriated for a program within the National Intelligence Program—
(A) to another such program;
(B) to other departments or agencies of the United States Government for the development and fielding of systems of common concern related to the collection, processing, analysis, exploitation, and dissemination of intelligence information; or
(C) to a program funded by appropriations not within the National Intelligence Program to address critical gaps in intelligence information sharing or access capabilities.
(3) The Director of National Intelligence may only transfer or reprogram funds referred to in paragraph (1)(A)—
(A) with the approval of the Director of the Office of Management and Budget; and
(B) after consultation with the heads of departments containing agencies or organizations within the intelligence community to the extent such agencies or organizations are affected, and, in the case of the Central Intelligence Agency, after consultation with the Director of the Central Intelligence Agency.
(4) The amounts available for transfer or reprogramming in the National Intelligence Program in any given fiscal year, and the terms and conditions governing such transfers and reprogrammings, are subject to the provisions of annual appropriations Acts and this subsection.
(5)(A) A transfer or reprogramming of funds may be made under this subsection only if—
(i) the funds are being transferred to an activity that is a higher priority intelligence activity;
(ii) the transfer or reprogramming supports an emergent need, improves program effectiveness, or increases efficiency;
(iii) the transfer or reprogramming does not involve a transfer or reprogramming of funds to a Reserve for Contingencies of the Director of National Intelligence or the Reserve for Contingencies of the Central Intelligence Agency;
(iv) the transfer or reprogramming results in a cumulative transfer or reprogramming of funds out of any department or agency, as appropriate, funded in the National Intelligence Program in a single fiscal year—
(I) that is less than $150,000,000, and
(II) that is less than 5 percent of amounts available to a department or agency under the National Intelligence Program; and
(v) the transfer or reprogramming does not terminate an acquisition program.
(B) A transfer or reprogramming may be made without regard to a limitation set forth in clause (iv) or (v) of subparagraph (A) if the transfer has the concurrence of the head of the department involved or the Director of the Central Intelligence Agency (in the case of the Central Intelligence Agency). The authority to provide such concurrence may only be delegated by the head of the department involved or the Director of the Central Intelligence Agency (in the case of the Central Intelligence Agency) to the deputy of such officer.
(6) Funds transferred or reprogrammed under this subsection shall remain available for the same period as the appropriations account to which transferred or reprogrammed.
(7) Any transfer or reprogramming of funds under this subsection shall be carried out in accordance with existing procedures applicable to reprogramming notifications for the appropriate congressional committees. Any proposed transfer or reprogramming for which notice is given to the appropriate congressional committees shall be accompanied by a report explaining the nature of the proposed transfer or reprogramming and how it satisfies the requirements of this subsection. In addition, the congressional intelligence committees shall be promptly notified of any transfer or reprogramming of funds made pursuant to this subsection in any case in which the transfer or reprogramming would not have otherwise required reprogramming notification under procedures in effect as of December 17, 2004.
(e) Transfer of personnel
(1)(A) In addition to any other authorities available under law for such purposes, in the first twelve months after establishment of a new national intelligence center, the Director of National Intelligence, with the approval of the Director of the Office of Management and Budget and in consultation with the congressional committees of jurisdiction referred to in subparagraph (B), may transfer not more than 100 personnel authorized for elements of the intelligence community to such center.
(B) The Director of National Intelligence shall promptly provide notice of any transfer of personnel made pursuant to this paragraph to—
(i) the congressional intelligence committees;
(ii) the Committees on Appropriations of the Senate and the House of Representatives;
(iii) in the case of the transfer of personnel to or from the Department of Defense, the Committees on Armed Services of the Senate and the House of Representatives; and
(iv) in the case of the transfer of personnel to or from the Department of Justice, to the Committees on the Judiciary of the Senate and the House of Representatives.
(C) The Director shall include in any notice under subparagraph (B) an explanation of the nature of the transfer and how it satisfies the requirements of this subsection.
(2)(A) The Director of National Intelligence, with the approval of the Director of the Office of Management and Budget and in accordance with procedures to be developed by the Director of National Intelligence and the heads of the departments and agencies concerned, may transfer personnel authorized for an element of the intelligence community to another such element for a period of not more than 2 years.
(B) A transfer of personnel may be made under this paragraph only if—
(i) the personnel are being transferred to an activity that is a higher priority intelligence activity; and
(ii) the transfer supports an emergent need, improves program effectiveness, or increases efficiency.
(C) The Director of National Intelligence shall promptly provide notice of any transfer of personnel made pursuant to this paragraph to—
(i) the congressional intelligence committees;
(ii) in the case of the transfer of personnel to or from the Department of Defense, the Committees on Armed Services of the Senate and the House of Representatives; and
(iii) in the case of the transfer of personnel to or from the Department of Justice, to the Committees on the Judiciary of the Senate and the House of Representatives.
(D) The Director shall include in any notice under subparagraph (C) an explanation of the nature of the transfer and how it satisfies the requirements of this paragraph.
(3)(A) In addition to the number of full-time equivalent positions authorized for the Office of the Director of National Intelligence for a fiscal year, there is authorized for such Office for each fiscal year an additional 100 full-time equivalent positions that may be used only for the purposes described in subparagraph (B).
(B) Except as provided in subparagraph (C), the Director of National Intelligence may use a full-time equivalent position authorized under subparagraph (A) only for the purpose of providing a temporary transfer of personnel made in accordance with paragraph (2) to an element of the intelligence community to enable such element to increase the total number of personnel authorized for such element, on a temporary basis—
(i) during a period in which a permanent employee of such element is absent to participate in critical language training; or
(ii) to accept a permanent employee of another element of the intelligence community to provide language-capable services.
(C) Paragraph (2)(B) shall not apply with respect to a transfer of personnel made under subparagraph (B).
(D) The Director of National Intelligence shall submit to the congressional intelligence committees an annual report on the use of authorities under this paragraph. Each such report shall include a description of—
(i) the number of transfers of personnel made by the Director pursuant to subparagraph (B), disaggregated by each element of the intelligence community;
(ii) the critical language needs that were fulfilled or partially fulfilled through the use of such transfers; and
(iii) the cost to carry out subparagraph (B).
(4) It is the sense of Congress that—
(A) the nature of the national security threats facing the United States will continue to challenge the intelligence community to respond rapidly and flexibly to bring analytic resources to bear against emerging and unforeseen requirements;
(B) both the Office of the Director of National Intelligence and any analytic centers determined to be necessary should be fully and properly supported with appropriate levels of personnel resources and that the President's yearly budget requests adequately support those needs; and
(C) the President should utilize all legal and administrative discretion to ensure that the Director of National Intelligence and all other elements of the intelligence community have the necessary resources and procedures to respond promptly and effectively to emerging and unforeseen national security challenges.
(f) Tasking and other authorities
(1)(A) The Director of National Intelligence shall—
(i) establish objectives, priorities, and guidance for the intelligence community to ensure timely and effective collection, processing, analysis, and dissemination (including access by users to collected data consistent with applicable law and, as appropriate, the guidelines referred to in subsection (b) of this section and analytic products generated by or within the intelligence community) of national intelligence;
(ii) determine requirements and priorities for, and manage and direct the tasking of, collection, analysis, production, and dissemination of national intelligence by elements of the intelligence community, including—
(I) approving requirements (including those requirements responding to needs provided by consumers) for collection and analysis; and
(II) resolving conflicts in collection requirements and in the tasking of national collection assets of the elements of the intelligence community; and
(iii) provide advisory tasking to intelligence elements of those agencies and departments not within the National Intelligence Program.
(B) The authority of the Director of National Intelligence under subparagraph (A) shall not apply—
(i) insofar as the President so directs;
(ii) with respect to clause (ii) of subparagraph (A), insofar as the Secretary of Defense exercises tasking authority under plans or arrangements agreed upon by the Secretary of Defense and the Director of National Intelligence; or
(iii) to the direct dissemination of information to State government and local government officials and private sector entities pursuant to
(2) The Director of National Intelligence shall oversee the National Counterterrorism Center and may establish such other national intelligence centers as the Director determines necessary.
(3)(A) The Director of National Intelligence shall prescribe, in consultation with the heads of other agencies or elements of the intelligence community, and the heads of their respective departments, personnel policies and programs applicable to the intelligence community that—
(i) encourage and facilitate assignments and details of personnel to national intelligence centers, and between elements of the intelligence community;
(ii) set standards for education, training, and career development of personnel of the intelligence community;
(iii) encourage and facilitate the recruitment and retention by the intelligence community of highly qualified individuals for the effective conduct of intelligence activities;
(iv) ensure that the personnel of the intelligence community are sufficiently diverse for purposes of the collection and analysis of intelligence through the recruitment and training of women, minorities, and individuals with diverse ethnic, cultural, and linguistic backgrounds;
(v) make service in more than one element of the intelligence community a condition of promotion to such positions within the intelligence community as the Director shall specify; and
(vi) ensure the effective management of intelligence community personnel who are responsible for intelligence community-wide matters.
(B) Policies prescribed under subparagraph (A) shall not be inconsistent with the personnel policies otherwise applicable to members of the uniformed services.
(4) The Director of National Intelligence shall ensure compliance with the Constitution and laws of the United States by the Central Intelligence Agency and shall ensure such compliance by other elements of the intelligence community through the host executive departments that manage the programs and activities that are part of the National Intelligence Program.
(5) The Director of National Intelligence shall ensure the elimination of waste and unnecessary duplication within the intelligence community.
(6) The Director of National Intelligence shall establish requirements and priorities for foreign intelligence information to be collected under the Foreign Intelligence Surveillance Act of 1978 (
(7)(A) The Director of National Intelligence shall, if the Director determines it is necessary, or may, if requested by a congressional intelligence committee, conduct an accountability review of an element of the intelligence community or the personnel of such element in relation to a failure or deficiency within the intelligence community.
(B) The Director of National Intelligence, in consultation with the Attorney General, shall establish guidelines and procedures for conducting an accountability review under subparagraph (A).
(C)(i) The Director of National Intelligence shall provide the findings of an accountability review conducted under subparagraph (A) and the Director's recommendations for corrective or punitive action, if any, to the head of the applicable element of the intelligence community. Such recommendations may include a recommendation for dismissal of personnel.
(ii) If the head of such element does not implement a recommendation made by the Director under clause (i), the head of such element shall submit to the congressional intelligence committees a notice of the determination not to implement the recommendation, including the reasons for the determination.
(D) The requirements of this paragraph shall not be construed to limit any authority of the Director of National Intelligence under subsection (m) or with respect to supervision of the Central Intelligence Agency.
(8) The Director of National Intelligence shall perform such other functions as the President may direct.
(9) Nothing in this subchapter shall be construed as affecting the role of the Department of Justice or the Attorney General under the Foreign Intelligence Surveillance Act of 1978.
(g) Intelligence information sharing
(1) The Director of National Intelligence shall have principal authority to ensure maximum availability of and access to intelligence information within the intelligence community consistent with national security requirements. The Director of National Intelligence shall—
(A) establish uniform security standards and procedures;
(B) establish common information technology standards, protocols, and interfaces;
(C) ensure development of information technology systems that include multi-level security and intelligence integration capabilities;
(D) establish policies and procedures to resolve conflicts between the need to share intelligence information and the need to protect intelligence sources and methods;
(E) develop an enterprise architecture for the intelligence community and ensure that elements of the intelligence community comply with such architecture;
(F) have procurement approval authority over all enterprise architecture-related information technology items funded in the National Intelligence Program; and
(G) in accordance with Executive Order No. 13526 (75 Fed. Reg. 707; relating to classified national security information) (or any subsequent corresponding executive order), and part 2001 of title 32, Code of Federal Regulations (or any subsequent corresponding regulation), establish—
(i) guidance to standardize, in appropriate cases, the formats for classified and unclassified intelligence products created by elements of the intelligence community for purposes of promoting the sharing of intelligence products; and
(ii) policies and procedures requiring the increased use, in appropriate cases, and including portion markings, of the classification of portions of information within one intelligence product.
(2) The President shall ensure that the Director of National Intelligence has all necessary support and authorities to fully and effectively implement paragraph (1).
(3) Except as otherwise directed by the President or with the specific written agreement of the head of the department or agency in question, a Federal agency or official shall not be considered to have met any obligation to provide any information, report, assessment, or other material (including unevaluated intelligence information) to that department or agency solely by virtue of having provided that information, report, assessment, or other material to the Director of National Intelligence or the National Counterterrorism Center.
(4) Not later than February 1 of each year, the Director of National Intelligence shall submit to the President and to the Congress an annual report that identifies any statute, regulation, policy, or practice that the Director believes impedes the ability of the Director to fully and effectively implement paragraph (1).
(h) Analysis
To ensure the most accurate analysis of intelligence is derived from all sources to support national security needs, the Director of National Intelligence shall—
(1) implement policies and procedures—
(A) to encourage sound analytic methods and tradecraft throughout the elements of the intelligence community;
(B) to ensure that analysis is based upon all sources available; and
(C) to ensure that the elements of the intelligence community regularly conduct competitive analysis of analytic products, whether such products are produced by or disseminated to such elements;
(2) ensure that resource allocation for intelligence analysis is appropriately proportional to resource allocation for intelligence collection systems and operations in order to maximize analysis of all collected data;
(3) ensure that differences in analytic judgment are fully considered and brought to the attention of policymakers; and
(4) ensure that sufficient relationships are established between intelligence collectors and analysts to facilitate greater understanding of the needs of analysts.
(i) Protection of intelligence sources and methods
(1) The Director of National Intelligence shall protect intelligence sources and methods from unauthorized disclosure.
(2) Consistent with paragraph (1), in order to maximize the dissemination of intelligence, the Director of National Intelligence shall establish and implement guidelines for the intelligence community for the following purposes:
(A) Classification of information under applicable law, Executive orders, or other Presidential directives.
(B) Access to and dissemination of intelligence, both in final form and in the form when initially gathered.
(C) Preparation of intelligence products in such a way that source information is removed to allow for dissemination at the lowest level of classification possible or in unclassified form to the extent practicable.
(3) The Director may only delegate a duty or authority given the Director under this subsection to the Principal Deputy Director of National Intelligence.
(j) Uniform procedures for sensitive compartmented information
The Director of National Intelligence, subject to the direction of the President, shall—
(1) establish uniform standards and procedures for the grant of access to sensitive compartmented information to any officer or employee of any agency or department of the United States and to employees of contractors of those agencies or departments;
(2) ensure the consistent implementation of those standards and procedures throughout such agencies and departments;
(3) ensure that security clearances granted by individual elements of the intelligence community are recognized by all elements of the intelligence community, and under contracts entered into by those agencies; and
(4) ensure that the process for investigation and adjudication of an application for access to sensitive compartmented information is performed in the most expeditious manner possible consistent with applicable standards for national security.
(k) Coordination with foreign governments
Under the direction of the President and in a manner consistent with
(l) Enhanced personnel management
(1)(A) The Director of National Intelligence shall, under regulations prescribed by the Director, provide incentives for personnel of elements of the intelligence community to serve—
(i) on the staff of the Director of National Intelligence;
(ii) on the staff of the national intelligence centers;
(iii) on the staff of the National Counterterrorism Center; and
(iv) in other positions in support of the intelligence community management functions of the Director.
(B) Incentives under subparagraph (A) may include financial incentives, bonuses, and such other awards and incentives as the Director considers appropriate.
(2)(A) Notwithstanding any other provision of law, the personnel of an element of the intelligence community who are assigned or detailed under paragraph (1)(A) to service under the Director of National Intelligence shall be promoted at rates equivalent to or better than personnel of such element who are not so assigned or detailed.
(B) The Director may prescribe regulations to carry out this paragraph.
(3)(A) The Director of National Intelligence shall prescribe mechanisms to facilitate the rotation of personnel of the intelligence community through various elements of the intelligence community in the course of their careers in order to facilitate the widest possible understanding by such personnel of the variety of intelligence requirements, methods, users, and capabilities.
(B) The mechanisms prescribed under subparagraph (A) may include the following:
(i) The establishment of special occupational categories involving service, over the course of a career, in more than one element of the intelligence community.
(ii) The provision of rewards for service in positions undertaking analysis and planning of operations involving two or more elements of the intelligence community.
(iii) The establishment of requirements for education, training, service, and evaluation for service involving more than one element of the intelligence community.
(C) It is the sense of Congress that the mechanisms prescribed under this subsection should, to the extent practical, seek to duplicate for civilian personnel within the intelligence community the joint officer management policies established by
(4)(A) Except as provided in subparagraph (B) and subparagraph (D), this subsection shall not apply with respect to personnel of the elements of the intelligence community who are members of the uniformed services.
(B) Mechanisms that establish requirements for education and training pursuant to paragraph (3)(B)(iii) may apply with respect to members of the uniformed services who are assigned to an element of the intelligence community funded through the National Intelligence Program, but such mechanisms shall not be inconsistent with personnel policies and education and training requirements otherwise applicable to members of the uniformed services.
(C) The personnel policies and programs developed and implemented under this subsection with respect to law enforcement officers (as that term is defined in
(D) Assignment to the Office of the Director of National Intelligence of commissioned officers of the Armed Forces shall be considered a joint-duty assignment for purposes of the joint officer management policies prescribed by
(m) Additional authority with respect to personnel
(1) In addition to the authorities under subsection (f)(3) of this section, the Director of National Intelligence may exercise with respect to the personnel of the Office of the Director of National Intelligence any authority of the Director of the Central Intelligence Agency with respect to the personnel of the Central Intelligence Agency under the Central Intelligence Agency Act of 1949 (
(2) Employees and applicants for employment of the Office of the Director of National Intelligence shall have the same rights and protections under the Office of the Director of National Intelligence as employees of the Central Intelligence Agency have under the Central Intelligence Agency Act of 1949 [
(n) Acquisition and other authorities
(1) In carrying out the responsibilities and authorities under this section, the Director of National Intelligence may exercise the acquisition and appropriations authorities referred to in the Central Intelligence Agency Act of 1949 (
(2) For the purpose of the exercise of any authority referred to in paragraph (1), a reference to the head of an agency shall be deemed to be a reference to the Director of National Intelligence or the Principal Deputy Director of National Intelligence.
(3)(A) Any determination or decision to be made under an authority referred to in paragraph (1) by the head of an agency may be made with respect to individual purchases and contracts or with respect to classes of purchases or contracts, and shall be final.
(B) Except as provided in subparagraph (C), the Director of National Intelligence or the Principal Deputy Director of National Intelligence may, in such official's discretion, delegate to any officer or other official of the Office of the Director of National Intelligence any authority to make a determination or decision as the head of the agency under an authority referred to in paragraph (1).
(C) The limitations and conditions set forth in section 3(d) of the Central Intelligence Agency Act of 1949 (
(D) Each determination or decision required by an authority referred to in the second sentence of section 3(d) of the Central Intelligence Agency Act of 1949 [
(4)(A) In addition to the authority referred to in paragraph (1), the Director of National Intelligence may authorize the head of an element of the intelligence community to exercise an acquisition authority referred to in section 3 or 8(a) of the Central Intelligence Agency Act of 1949 (
(B) The head of an element of the intelligence community may not exercise an authority referred to in subparagraph (A) until—
(i) the head of such element (without delegation) submits to the Director of National Intelligence a written request that includes—
(I) a description of such authority requested to be exercised;
(II) an explanation of the need for such authority, including an explanation of the reasons that other authorities are insufficient; and
(III) a certification that the mission of such element would be—
(aa) impaired if such authority is not exercised; or
(bb) significantly and measurably enhanced if such authority is exercised; and
(ii) the Director of National Intelligence issues a written authorization that includes—
(I) a description of the authority referred to in subparagraph (A) that is authorized to be exercised; and
(II) a justification to support the exercise of such authority.
(C) A request and authorization to exercise an authority referred to in subparagraph (A) may be made with respect to an individual acquisition or with respect to a specific class of acquisitions described in the request and authorization referred to in subparagraph (B).
(D)(i) A request from a head of an element of the intelligence community located within one of the departments described in clause (ii) to exercise an authority referred to in subparagraph (A) shall be submitted to the Director of National Intelligence in accordance with any procedures established by the head of such department.
(ii) The departments described in this clause are the Department of Defense, the Department of Energy, the Department of Homeland Security, the Department of Justice, the Department of State, and the Department of the Treasury.
(E)(i) The head of an element of the intelligence community may not be authorized to utilize an authority referred to in subparagraph (A) for a class of acquisitions for a period of more than 3 years, except that the Director of National Intelligence (without delegation) may authorize the use of such an authority for not more than 6 years.
(ii) Each authorization to utilize an authority referred to in subparagraph (A) may be extended in accordance with the requirements of subparagraph (B) for successive periods of not more than 3 years, except that the Director of National Intelligence (without delegation) may authorize an extension period of not more than 6 years.
(F) Subject to clauses (i) and (ii) of subparagraph (E), the Director of National Intelligence may only delegate the authority of the Director under subparagraphs (A) through (E) to the Principal Deputy Director of National Intelligence or a Deputy Director of National Intelligence.
(G) The Director of National Intelligence shall submit—
(i) to the congressional intelligence committees a notification of an authorization to exercise an authority referred to in subparagraph (A) or an extension of such authorization that includes the written authorization referred to in subparagraph (B)(ii); and
(ii) to the Director of the Office of Management and Budget a notification of an authorization to exercise an authority referred to in subparagraph (A) for an acquisition or class of acquisitions that will exceed $50,000,000 annually.
(H) Requests and authorizations to exercise an authority referred to in subparagraph (A) shall remain available within the Office of the Director of National Intelligence for a period of at least 6 years following the date of such request or authorization.
(I) Nothing in this paragraph may be construed to alter or otherwise limit the authority of the Central Intelligence Agency to independently exercise an authority under section 3 or 8(a) of the Central Intelligence Agency Act of 1949 (
(o) Consideration of views of elements of intelligence community
In carrying out the duties and responsibilities under this section, the Director of National Intelligence shall take into account the views of a head of a department containing an element of the intelligence community and of the Director of the Central Intelligence Agency.
(p) Responsibility of Director of National Intelligence regarding National Intelligence Program budget concerning the Department of Defense
Subject to the direction of the President, the Director of National Intelligence shall, after consultation with the Secretary of Defense, ensure that the National Intelligence Program budgets for the elements of the intelligence community that are within the Department of Defense are adequate to satisfy the national intelligence needs of the Department of Defense, including the needs of the Chairman of the Joint Chiefs of Staff and the commanders of the unified and specified commands, and wherever such elements are performing Government-wide functions, the needs of other Federal departments and agencies.
(q) Acquisitions of major systems
(1) For each intelligence program within the National Intelligence Program for the acquisition of a major system, the Director of National Intelligence shall—
(A) require the development and implementation of a program management plan that includes cost, schedule, and performance goals and program milestone criteria, except that with respect to Department of Defense programs the Director shall consult with the Secretary of Defense;
(B) serve as exclusive milestone decision authority, except that with respect to Department of Defense programs the Director shall serve as milestone decision authority jointly with the Secretary of Defense or the designee of the Secretary; and
(C) periodically—
(i) review and assess the progress made toward the achievement of the goals and milestones established in such plan; and
(ii) submit to Congress a report on the results of such review and assessment.
(2) If the Director of National Intelligence and the Secretary of Defense are unable to reach an agreement on a milestone decision under paragraph (1)(B), the President shall resolve the conflict.
(3) Nothing in this subsection may be construed to limit the authority of the Director of National Intelligence to delegate to any other official any authority to perform the responsibilities of the Director under this subsection.
(4) In this subsection:
(A) The term "intelligence program", with respect to the acquisition of a major system, means a program that—
(i) is carried out to acquire such major system for an element of the intelligence community; and
(ii) is funded in whole out of amounts available for the National Intelligence Program.
(B) The term "major system" has the meaning given such term in
(r) Performance of common services
The Director of National Intelligence shall, in consultation with the heads of departments and agencies of the United States Government containing elements within the intelligence community and with the Director of the Central Intelligence Agency, coordinate the performance by the elements of the intelligence community within the National Intelligence Program of such services as are of common concern to the intelligence community, which services the Director of National Intelligence determines can be more efficiently accomplished in a consolidated manner.
(s) Pay authority for critical positions
(1) Notwithstanding any pay limitation established under any other provision of law applicable to employees in elements of the intelligence community, the Director of National Intelligence may, in coordination with the Director of the Office of Personnel Management and the Director of the Office of Management and Budget, grant authority to the head of a department or agency to fix the rate of basic pay for one or more positions within the intelligence community at a rate in excess of any applicable limitation, subject to the provisions of this subsection. The exercise of authority so granted is at the discretion of the head of the department or agency employing the individual in a position covered by such authority, subject to the provisions of this subsection and any conditions established by the Director of National Intelligence when granting such authority.
(2) Authority under this subsection may be granted or exercised only—
(A) with respect to a position that requires an extremely high level of expertise and is critical to successful accomplishment of an important mission; and
(B) to the extent necessary to recruit or retain an individual exceptionally well qualified for the position.
(3) The head of a department or agency may not fix a rate of basic pay under this subsection at a rate greater than the rate payable for level II of the Executive Schedule under
(4) The head of a department or agency may not fix a rate of basic pay under this subsection at a rate greater than the rate payable for level I of the Executive Schedule under
(5) Any grant of authority under this subsection for a position shall terminate at the discretion of the Director of National Intelligence.
(6)(A) The Director of National Intelligence shall notify the congressional intelligence committees not later than 30 days after the date on which the Director grants authority to the head of a department or agency under this subsection.
(B) The head of a department or agency to which the Director of National Intelligence grants authority under this subsection shall notify the congressional intelligence committees and the Director of the exercise of such authority not later than 30 days after the date on which such head exercises such authority.
(t) Award of rank to members of the Senior National Intelligence Service
(1) The President, based on the recommendation of the Director of National Intelligence, may award a rank to a member of the Senior National Intelligence Service or other intelligence community senior civilian officer not already covered by such a rank award program in the same manner in which a career appointee of an agency may be awarded a rank under
(2) The President may establish procedures to award a rank under paragraph (1) to a member of the Senior National Intelligence Service or a senior civilian officer of the intelligence community whose identity as such a member or officer is classified information (as defined in
(u) Conflict of interest regulations
(1) The Director of National Intelligence, in consultation with the Director of the Office of Government Ethics, shall issue regulations prohibiting an officer or employee of an element of the intelligence community from engaging in outside employment if such employment creates a conflict of interest or appearance thereof.
(2) The Director of National Intelligence shall annually submit to the congressional intelligence committees a report describing all outside employment for officers and employees of elements of the intelligence community that was authorized by the head of an element of the intelligence community during the preceding calendar year. Such report shall be submitted each year on the date provided in
(July 26, 1947, ch. 343, title I, §102A, as added
References in Text
The Congressional Budget and Impoundment Control Act of 1974, referred to in subsec. (c)(6), is
The Foreign Intelligence Surveillance Act of 1978, referred to in subsec. (f)(6), (9), is
This subchapter, referred to in subsec. (f)(9), was in the original "this title", meaning title I of act July 26, 1947, ch. 343,
Executive Order No. 13526, referred to in subsec. (g)(1)(G), is set out as a note under
The Goldwater-Nichols Department of Defense Reorganization Act of 1986, referred to in subsec. (l)(3)(C), is
The Central Intelligence Agency Act of 1949, referred to in subsecs. (m) and (n)(1), is act June 20, 1949, ch. 227,
Codification
In subsec. (q)(4)(B), "
Prior Provisions
A prior section 403–1, act July 26, 1947, ch. 343, title I, §102A, as added
Another prior section 403–1, act July 26, 1947, ch. 343, title I, §102a, as added Dec. 9, 1983,
Amendments
2010—Subsec. (c)(3)(A).
Subsec. (d)(1)(B).
Subsec. (d)(2).
Subsec. (d)(3).
Subsec. (d)(5)(A).
Subsec. (d)(5)(B).
Subsec. (e)(3), (4).
Subsec. (f)(7) to (9).
Subsec. (g)(1)(G).
Subsec. (l)(2)(B).
Subsec. (n).
Subsec. (n)(4).
Subsecs. (s) to (u).
Effective Date
For Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of
Authorities of Heads of Other Departments and Agencies
Joint Procedures for Operational Coordination Between Department of Defense and Central Intelligence Agency
"(a)
"(1) Methods by which the Director of the Central Intelligence Agency and the Secretary of Defense can improve communication and coordination in the planning, execution, and sustainment of operations, including, as a minimum—
"(A) information exchange between senior officials of the Central Intelligence Agency and senior officers and officials of the Department of Defense when planning for such an operation commences by either organization; and
"(B) exchange of information between the Secretary and the Director of the Central Intelligence Agency to ensure that senior operational officials in both the Department of Defense and the Central Intelligence Agency have knowledge of the existence of the ongoing operations of the other.
"(2) When appropriate, in cases where the Department of Defense and the Central Intelligence Agency are conducting separate missions in the same geographical area, a mutual agreement on the tactical and strategic objectives for the region and a clear delineation of operational responsibilities to prevent conflict and duplication of effort.
"(b)
Alternative Analysis of Intelligence by the Intelligence Community
"(a)
"(b)
Requirement for Efficient Use by Intelligence Community of Open-Source Intelligence
Enhancing Classified Counterterrorist Travel Efforts
"(1)
"(2)
Intelligence Community Use of National Infrastructure Simulation and Analysis Center
"(a)
"(b)
Pilot Program on Analysis of Signals and Other Intelligence by Intelligence Analysts of Various Elements of the Intelligence Community
"(a)
"(b)
"(1) Signals intelligence of the National Security Agency.
"(2) Such intelligence of other elements of the intelligence community as the Director shall select for purposes of the pilot program.
"(c)
"(1) To enhance the capacity of the intelligence community to undertake 'all source fusion' analysis in support of the intelligence and intelligence-related missions of the intelligence community.
"(2) To reduce, to the extent possible, the amount of intelligence collected by the intelligence community that is not assessed, or reviewed, by intelligence analysts.
"(3) To reduce the burdens imposed on analytical personnel of the elements of the intelligence community by current practices regarding the sharing of intelligence among elements of the intelligence community.
"(d)
"(e)
"(f)
"(2) The actions taken under paragraph (1) shall include the provision of training on the accessing and handling of information in the databases of various elements of the intelligence community and the establishment of limitations on access to information in such databases regarding United States persons.
"(g)
"(h)
"(2) The report shall include—
"(A) a description of the pilot program under subsection (a);
"(B) the findings of the Under Secretary and Assistant Director [Deputy Director of National Intelligence] as a result of the assessment;
"(C) any recommendations regarding the pilot program that the Under Secretary and the Deputy Director of National Intelligence jointly consider appropriate in light of the assessment; and
"(D) any recommendations that the Director and Secretary consider appropriate for purposes of the report.
"(i)
"(1) the Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
"(2) the Permanent Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives."
Standardized Transliteration of Names Into the Roman Alphabet
"(a)
"(b)
"(1) all communications among the elements of the intelligence community; and
"(2) all intelligence products of the intelligence community."
Standards for Spelling of Foreign Names and Places and for Use of Geographic Coordinates
"(a)
"(1)
"(2)
"(b)
"(1)
"(2)
"(3)
"(c)
"(1) The Select Committee on Intelligence of the Senate.
"(2) The Permanent Select Committee on Intelligence of the House of Representatives."
[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of
Periodic Reports on Expenditures
[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
Database Program Tracking
[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
Identification of Constituent Components of Base Intelligence Budget
[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
§403–1a. Assignment of responsibilities relating to analytic integrity
(a) Assignment of responsibilities
For purposes of carrying out
(b) Responsibilities
(1) The individual or entity assigned responsibility under subsection (a) of this section—
(A) may be responsible for general oversight and management of analysis and production, but may not be directly responsible for, or involved in, the specific production of any finished intelligence product;
(B) shall perform, on a regular basis, detailed reviews of finished intelligence product or other analytic products by an element or elements of the intelligence community covering a particular topic or subject matter;
(C) shall be responsible for identifying on an annual basis functional or topical areas of analysis for specific review under subparagraph (B); and
(D) upon completion of any review under subparagraph (B), may draft lessons learned, identify best practices, or make recommendations for improvement to the analytic tradecraft employed in the production of the reviewed product or products.
(2) Each review under paragraph (1)(B) should—
(A) include whether the product or products concerned were based on all sources of available intelligence, properly describe the quality and reliability of underlying sources, properly caveat and express uncertainties or confidence in analytic judgments, properly distinguish between underlying intelligence and the assumptions and judgments of analysts, and incorporate, where appropriate, alternative analyses; and
(B) ensure that the analytic methodologies, tradecraft, and practices used by the element or elements concerned in the production of the product or products concerned meet the standards set forth in subsection (a) of this section.
(3) Information drafted under paragraph (1)(D) should, as appropriate, be included in analysis teaching modules and case studies for use throughout the intelligence community.
(c) Annual reports
Not later than December 1 each year, the Director of National Intelligence shall submit to the congressional intelligence committees, the heads of the relevant elements of the intelligence community, and the heads of analytic training departments a report containing a description, and the associated findings, of each review under subsection (b)(1)(B) of this section during such year.
(d) Congressional intelligence committees defined
In this section, the term "congressional intelligence committees" means—
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the House of Representatives.
(
Codification
Section was enacted as part of the Intelligence Reform and Terrorism Prevention Act of 2004, and also as part of the National Security Intelligence Reform Act of 2004, and not as part of the National Security Act of 1947 which comprises this chapter.
Effective Date
For Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of
Safeguard of Objectivity in Intelligence Analysis
"(a)
"(b)
§403–1b. Additional education and training requirements
(a) Findings
Congress makes the following findings:
(1) Foreign language education is essential for the development of a highly-skilled workforce for the intelligence community.
(2) Since September 11, 2001, the need for language proficiency levels to meet required national security functions has been raised, and the ability to comprehend and articulate technical and scientific information in foreign languages has become critical.
(b) Linguistic requirements
(1) The Director of National Intelligence shall—
(A) identify the linguistic requirements for the Office of the Director of National Intelligence;
(B) identify specific requirements for the range of linguistic skills necessary for the intelligence community, including proficiency in scientific and technical vocabularies of critical foreign languages; and
(C) develop a comprehensive plan for the Office to meet such requirements through the education, recruitment, and training of linguists.
(2) In carrying out activities under paragraph (1), the Director shall take into account education grant programs of the Department of Defense and the Department of Education that are in existence as of December 17, 2004.
(3) Not later than one year after December 17, 2004, and annually thereafter, the Director shall submit to Congress a report on the requirements identified under paragraph (1), including the success of the Office of the Director of National Intelligence in meeting such requirements. Each report shall notify Congress of any additional resources determined by the Director to be required to meet such requirements.
(4) Each report under paragraph (3) shall be in unclassified form, but may include a classified annex.
(c) Professional intelligence training
The Director of National Intelligence shall require the head of each element and component within the Office of the Director of National Intelligence who has responsibility for professional intelligence training to periodically review and revise the curriculum for the professional intelligence training of the senior and intermediate level personnel of such element or component in order to—
(1) strengthen the focus of such curriculum on the integration of intelligence collection and analysis throughout the Office; and
(2) prepare such personnel for duty with other departments, agencies, and elements of the intelligence community.
(
Codification
Section was enacted as part of the Intelligence Reform and Terrorism Prevention Act of 2004, and also as part of the National Security Intelligence Reform Act of 2004, and not as part of the National Security Act of 1947 which comprises this chapter.
Effective Date
For Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of
Pilot Project on Civilian Linguist Reserve Corps
"(a)
"(2) The Secretary shall conduct the pilot project in coordination with the Director of National Intelligence.
"(3) The Secretary shall conduct the pilot project through the National Security Education Program.
"(b)
"(1) identify several foreign languages that are critical for the national security of the United States;
"(2) identify United States citizens with advanced levels of proficiency in the foreign languages identified under paragraph (1) who would be available to perform the services and duties referred to in subsection (a); and
"(3) when considered necessary by the Secretary, implement a call for the performance of such services and duties.
"(c)
"(d)
"(e)
"(2) Each report required under paragraph (1) shall contain information on the operation of the pilot project, the success of the pilot project in carrying out the objectives of the establishment of a Civilian Linguist Reserve Corps, and recommendations for the continuation or expansion of the pilot project.
"(3) The final report shall be submitted not later than six months after the completion of the pilot project."
§403–1c. National Intelligence Reserve Corps
(a) Establishment
The Director of National Intelligence may provide for the establishment and training of a National Intelligence Reserve Corps (in this section referred to as "National Intelligence Reserve Corps") for the temporary reemployment on a voluntary basis of former employees of elements of the intelligence community during periods of emergency, as determined by the Director.
(b) Eligible individuals
An individual may participate in the National Intelligence Reserve Corps only if the individual previously served as a full time employee of an element of the intelligence community.
(c) Terms of participation
The Director of National Intelligence shall prescribe the terms and conditions under which eligible individuals may participate in the National Intelligence Reserve Corps.
(d) Expenses
The Director of National Intelligence may provide members of the National Intelligence Reserve Corps transportation and per diem in lieu of subsistence for purposes of participating in any training that relates to service as a member of the Reserve Corps.
(e) Treatment of annuitants
(1) If an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes temporarily reemployed pursuant to this section, such annuity shall not be discontinued thereby.
(2) An annuitant so reemployed shall not be considered an employee for the purposes of
(f) Treatment under Office of Director of National Intelligence personnel ceiling
A member of the National Intelligence Reserve Corps who is reemployed on a temporary basis pursuant to this section shall not count against any personnel ceiling applicable to the Office of the Director of National Intelligence.
(
Codification
Section was enacted as part of the Intelligence Reform and Terrorism Prevention Act of 2004, and also as part of the National Security Intelligence Reform Act of 2004, and not as part of the National Security Act of 1947 which comprises this chapter.
Effective Date
For Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of
§403–2. Intelligence community contracting
(a) In general
The Director of National Intelligence shall direct that elements of the intelligence community, whenever compatible with the national security interests of the United States and consistent with the operational and security concerns related to the conduct of intelligence activities, and where fiscally sound, shall award contracts in a manner that would maximize the procurement of products in the United States.
(b) Intelligence community defined
In this section, the term "intelligence community" has the meaning given that term in
(
Codification
Section was enacted as part of the authorization act cited as the credit to this section, and not as part of the National Security Act of 1947 which comprises this chapter.
Prior Provisions
Provisions similar to those in this section were contained in the following prior authorization act:
Amendments
2010—
§403–2a. Construction of intelligence community facilities; Presidential authorization
(a) No project for the construction of any facility, or improvement to any facility, having an estimated Federal cost in excess of $300,000, may be undertaken in any fiscal year unless specifically identified as a separate item in the President's annual fiscal year budget request or otherwise specifically authorized and appropriated if such facility or improvement would be used primarily by personnel of the intelligence community.
(b) As used in this section, the term "intelligence community" has the same meaning given that term in
(
Codification
Section was enacted as part of the Department of Defense Appropriations Act, 1995, and not as part of the National Security Act of 1947 which comprises this chapter.
§403–2b. Limitation on construction of facilities to be used primarily by intelligence community
(a) In general
(1) In general
Except as provided in subsection (b) of this section, no project for the construction of any facility to be used primarily by personnel of any component of the intelligence community which has an estimated Federal cost in excess of $5,000,000 may be undertaken in any fiscal year unless such project is specifically identified as a separate item in the President's annual fiscal year budget request and is specifically authorized by the Congress.
(2) Notification
In the case of a project for the construction of any facility to be used primarily by personnel of any component of the intelligence community which has an estimated Federal cost greater than $1,000,000 but less than $5,000,000, or where any improvement project to such a facility has an estimated Federal cost greater than $1,000,000, the Director of National Intelligence shall submit a notification to the intelligence committees specifically identifying such project.
(b) Exception
(1) In general
Notwithstanding subsection (a) of this section but subject to paragraphs (2) and (3), a project for the construction of a facility to be used primarily by personnel of any component of the intelligence community may be carried out if the Secretary of Defense and the Director of National Intelligence jointly determine—
(A) that the project is vital to the national security or to the protection of health, safety, or the quality of the environment, and
(B) that the requirement for the project is so urgent that deferral of the project for inclusion in the next Act authorizing appropriations for the intelligence community would be inconsistent with national security or the protection of health, safety, or environmental quality, as the case may be.
(2) Report
(A) When a decision is made to carry out a construction project under this subsection, the Secretary of Defense and the Director of National Intelligence jointly shall submit a report in writing to the appropriate committees of Congress on that decision. Each such report shall include (i) the justification for the project and the current estimate of the cost of the project, (ii) the justification for carrying out the project under this subsection, and (iii) a statement of the source of the funds to be used to carry out the project. The project may then be carried out only after the end of the 7-day period beginning on the date the notification is received by such committees.
(B) Notwithstanding subparagraph (A), a project referred to in paragraph (1) may begin on the date the notification is received by the appropriate committees of Congress under that paragraph if the Director of National Intelligence and the Secretary of Defense jointly determine that—
(i) an emergency exists with respect to the national security or the protection of health, safety, or environmental quality; and
(ii) any delay in the commencement of the project would harm any or all of those interests.
(3) Projects primarily for CIA
If a project referred to in paragraph (1) is primarily for the Central Intelligence Agency, the Director of the Central Intelligence Agency shall make the determination and submit the report required by paragraphs (1) and (2).
(4) Limitation
A project carried out under this subsection shall be carried out within the total amount of funds appropriated for intelligence and intelligence-related activities that have not been obligated.
(c) Application
This section shall not apply to any project which is subject to subsection (a)(1)(A) or (c) of section 601.
(
References in Text
Section 601, referred to in subsec. (c), means section 601 of
Codification
Section was enacted as part of the Intelligence Authorization Act for Fiscal Year 1995, and not as part of the National Security Act of 1947 which comprises this chapter.
Amendments
2010—Subsecs. (a)(2), (b)(1), (2)(A), (B).
Subsec. (b)(3).
2003—Subsec. (a).
Subsec. (b)(2).
Definitions
Section 604 of title VI of
"(1)
"(2)
§403–3. Office of the Director of National Intelligence
(a) Office of Director of National Intelligence
There is an Office of the Director of National Intelligence.
(b) Function
The function of the Office of the Director of National Intelligence is to assist the Director of National Intelligence in carrying out the duties and responsibilities of the Director under this Act and other applicable provisions of law, and to carry out such other duties as may be prescribed by the President or by law.
(c) Composition
The Office of the Director of National Intelligence is composed of the following:
(1) The Director of National Intelligence.
(2) The Principal Deputy Director of National Intelligence.
(3) Any Deputy Director of National Intelligence appointed under
(4) The National Intelligence Council.
(5) The General Counsel.
(6) The Civil Liberties Protection Officer.
(7) The Director of Science and Technology.
(8) The National Counterintelligence Executive (including the Office of the National Counterintelligence Executive).
(9) The Chief Information Officer of the Intelligence Community.
(10) The Inspector General of the Intelligence Community.
(11) The Director of the National Counterterrorism Center.
(12) The Director of the National Counter Proliferation Center.
(13) The Chief Financial Officer of the Intelligence Community.
(14) Such other offices and officials as may be established by law or the Director may establish or designate in the Office, including national intelligence centers.
(d) Staff
(1) To assist the Director of National Intelligence in fulfilling the duties and responsibilities of the Director, the Director shall employ and utilize in the Office of the Director of National Intelligence a professional staff having an expertise in matters relating to such duties and responsibilities, and may establish permanent positions and appropriate rates of pay with respect to that staff.
(2) The staff of the Office of the Director of National Intelligence under paragraph (1) shall include the staff of the Office of the Deputy Director of Central Intelligence for Community Management that is transferred to the Office of the Director of National Intelligence under section 1091 of the National Security Intelligence Reform Act of 2004.
(e) Location of the Office of the Director of National Intelligence
The headquarters of the Office of the Director of National Intelligence may be located in the Washington metropolitan region, as that term is defined in
(July 26, 1947, ch. 343, title I, §103, as added
References in Text
This Act, referred to in subsec. (b), probably means
Section 1091 of the National Security Intelligence Reform Act of 2004, referred to in subsec. (d)(2), is section 1091 of
Prior Provisions
A prior section 403–3, act July 26, 1947, ch. 343, title I, §103, as added
Another prior section 103 of act July 26, 1947, was renumbered section 107 and is classified to
Amendments
2010—Subsec. (b).
Subsec. (c)(9) to (14).
Subsec. (e).
Effective Date
For Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of
§403–3a. Deputy Directors of National Intelligence
(a) Principal Deputy Director of National Intelligence
(1) There is a Principal Deputy Director of National Intelligence who shall be appointed by the President, by and with the advice and consent of the Senate.
(2) In the event of a vacancy in the position of Principal Deputy Director of National Intelligence, the Director of National Intelligence shall recommend to the President an individual for appointment as Principal Deputy Director of National Intelligence.
(3) Any individual nominated for appointment as Principal Deputy Director of National Intelligence shall have extensive national security experience and management expertise.
(4) The individual serving as Principal Deputy Director of National Intelligence shall not, while so serving, serve in any capacity in any other element of the intelligence community.
(5) The Principal Deputy Director of National Intelligence shall assist the Director of National Intelligence in carrying out the duties and responsibilities of the Director.
(6) The Principal Deputy Director of National Intelligence shall act for, and exercise the powers of, the Director of National Intelligence during the absence or disability of the Director of National Intelligence or during a vacancy in the position of Director of National Intelligence.
(b) Deputy Directors of National Intelligence
(1) There may be not more than four Deputy Directors of National Intelligence who shall be appointed by the Director of National Intelligence.
(2) Each Deputy Director of National Intelligence appointed under this subsection shall have such duties, responsibilities, and authorities as the Director of National Intelligence may assign or are specified by law.
(c) Military status of Director of National Intelligence and Principal Deputy Director of National Intelligence
(1) Not more than one of the individuals serving in the positions specified in paragraph (2) may be a commissioned officer of the Armed Forces in active status.
(2) The positions referred to in this paragraph are the following:
(A) The Director of National Intelligence.
(B) The Principal Deputy Director of National Intelligence.
(3) It is the sense of Congress that, under ordinary circumstances, it is desirable that one of the individuals serving in the positions specified in paragraph (2)—
(A) be a commissioned officer of the Armed Forces, in active status; or
(B) have, by training or experience, an appreciation of military intelligence activities and requirements.
(4) A commissioned officer of the Armed Forces, while serving in a position specified in paragraph (2)—
(A) shall not be subject to supervision or control by the Secretary of Defense or by any officer or employee of the Department of Defense;
(B) shall not exercise, by reason of the officer's status as a commissioned officer, any supervision or control with respect to any of the military or civilian personnel of the Department of Defense except as otherwise authorized by law; and
(C) shall not be counted against the numbers and percentages of commissioned officers of the rank and grade of such officer authorized for the military department of that officer.
(5) Except as provided in subparagraph (A) or (B) of paragraph (4), the appointment of an officer of the Armed Forces to a position specified in paragraph (2) shall not affect the status, position, rank, or grade of such officer in the Armed Forces, or any emolument, perquisite, right, privilege, or benefit incident to or arising out of such status, position, rank, or grade.
(6) A commissioned officer of the Armed Forces on active duty who is appointed to a position specified in paragraph (2), while serving in such position and while remaining on active duty, shall continue to receive military pay and allowances and shall not receive the pay prescribed for such position. Funds from which such pay and allowances are paid shall be reimbursed from funds available to the Director of National Intelligence.
(July 26, 1947, ch. 343, title I, §103A, as added
Effective Date
For Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of
§403–3b. National Intelligence Council
(a) National Intelligence Council
There is a National Intelligence Council.
(b) Composition
(1) The National Intelligence Council shall be composed of senior analysts within the intelligence community and substantive experts from the public and private sector, who shall be appointed by, report to, and serve at the pleasure of, the Director of National Intelligence.
(2) The Director shall prescribe appropriate security requirements for personnel appointed from the private sector as a condition of service on the Council, or as contractors of the Council or employees of such contractors, to ensure the protection of intelligence sources and methods while avoiding, wherever possible, unduly intrusive requirements which the Director considers to be unnecessary for this purpose.
(c) Duties and responsibilities
(1) The National Intelligence Council shall—
(A) produce national intelligence estimates for the United States Government, including alternative views held by elements of the intelligence community and other information as specified in paragraph (2);
(B) evaluate community-wide collection and production of intelligence by the intelligence community and the requirements and resources of such collection and production; and
(C) otherwise assist the Director of National Intelligence in carrying out the responsibilities of the Director under
(2) The Director of National Intelligence shall ensure that the Council satisfies the needs of policymakers and other consumers of intelligence.
(d) Service as senior intelligence advisers
Within their respective areas of expertise and under the direction of the Director of National Intelligence, the members of the National Intelligence Council shall constitute the senior intelligence advisers of the intelligence community for purposes of representing the views of the intelligence community within the United States Government.
(e) Authority to contract
Subject to the direction and control of the Director of National Intelligence, the National Intelligence Council may carry out its responsibilities under this section by contract, including contracts for substantive experts necessary to assist the Council with particular assessments under this section.
(f) Staff
The Director of National Intelligence shall make available to the National Intelligence Council such staff as may be necessary to permit the Council to carry out its responsibilities under this section.
(g) Availability of Council and staff
(1) The Director of National Intelligence shall take appropriate measures to ensure that the National Intelligence Council and its staff satisfy the needs of policymaking officials and other consumers of intelligence.
(2) The Council shall be readily accessible to policymaking officials and other appropriate individuals not otherwise associated with the intelligence community.
(h) Support
The heads of the elements of the intelligence community shall, as appropriate, furnish such support to the National Intelligence Council, including the preparation of intelligence analyses, as may be required by the Director of National Intelligence.
(i) National Intelligence Council product
For purposes of this section, the term "National Intelligence Council product" includes a National Intelligence Estimate and any other intelligence community assessment that sets forth the judgment of the intelligence community as a whole on a matter covered by such product.
(July 26, 1947, ch. 343, title I, §103B, as added
Effective Date
For Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of
§403–3c. General Counsel
(a) General Counsel
There is a General Counsel of the Office of the Director of National Intelligence who shall be appointed by the President, by and with the advice and consent of the Senate.
(b) Prohibition on dual service as General Counsel of another agency
The individual serving in the position of General Counsel may not, while so serving, also serve as the General Counsel of any other department, agency, or element of the United States Government.
(c) Scope of position
The General Counsel is the chief legal officer of the Office of the Director of National Intelligence.
(d) Functions
The General Counsel shall perform such functions as the Director of National Intelligence may prescribe.
(July 26, 1947, ch. 343, title I, §103C, as added
Effective Date
For Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of
§403–3d. Civil Liberties Protection Officer
(a) Civil Liberties Protection Officer
(1) Within the Office of the Director of National Intelligence, there is a Civil Liberties Protection Officer who shall be appointed by the Director of National Intelligence.
(2) The Civil Liberties Protection Officer shall report directly to the Director of National Intelligence.
(b) Duties
The Civil Liberties Protection Officer shall—
(1) ensure that the protection of civil liberties and privacy is appropriately incorporated in the policies and procedures developed for and implemented by the Office of the Director of National Intelligence and the elements of the intelligence community within the National Intelligence Program;
(2) oversee compliance by the Office and the Director of National Intelligence with requirements under the Constitution and all laws, regulations, Executive orders, and implementing guidelines relating to civil liberties and privacy;
(3) review and assess complaints and other information indicating possible abuses of civil liberties and privacy in the administration of the programs and operations of the Office and the Director of National Intelligence and, as appropriate, investigate any such complaint or information;
(4) ensure that the use of technologies sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personal information;
(5) ensure that personal information contained in a system of records subject to
(6) conduct privacy impact assessments when appropriate or as required by law; and
(7) perform such other duties as may be prescribed by the Director of National Intelligence or specified by law.
(c) Use of agency Inspectors General
When appropriate, the Civil Liberties Protection Officer may refer complaints to the Office of Inspector General having responsibility for the affected element of the department or agency of the intelligence community to conduct an investigation under paragraph (3) of subsection (b) of this section.
(July 26, 1947, ch. 343, title I, §103D, as added
References in Text
The Privacy Act, referred to in subsec. (b)(5), probably means the Privacy Act of 1974,
Effective Date
For Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of
§403–3e. Director of Science and Technology
(a) Director of Science and Technology
There is a Director of Science and Technology within the Office of the Director of National Intelligence who shall be appointed by the Director of National Intelligence.
(b) Requirement relating to appointment
An individual appointed as Director of Science and Technology shall have a professional background and experience appropriate for the duties of the Director of Science and Technology.
(c) Duties
The Director of Science and Technology shall—
(1) act as the chief representative of the Director of National Intelligence for science and technology;
(2) chair the Director of National Intelligence Science and Technology Committee under subsection (d) of this section;
(3) assist the Director in formulating a long-term strategy for scientific advances in the field of intelligence;
(4) assist the Director on the science and technology elements of the budget of the Office of the Director of National Intelligence; and
(5) perform other such duties as may be prescribed by the Director of National Intelligence or specified by law.
(d) Director of National Intelligence Science and Technology Committee
(1) There is within the Office of the Director of Science and Technology a Director of National Intelligence Science and Technology Committee.
(2) The Committee shall be composed of the principal science officers of the National Intelligence Program.
(3) The Committee shall—
(A) coordinate advances in research and development related to intelligence; and
(B) perform such other functions as the Director of Science and Technology shall prescribe.
(July 26, 1947, ch. 343, title I, §103E, as added
Effective Date
For Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of
§403–3f. National Counterintelligence Executive
(a) National Counterintelligence Executive
The National Counterintelligence Executive under section 902 of the Counterintelligence Enhancement Act of 2002 [
(b) Duties
The National Counterintelligence Executive shall perform the duties provided in the Counterintelligence Enhancement Act of 2002 and such other duties as may be prescribed by the Director of National Intelligence or specified by law.
(July 26, 1947, ch. 343, title I, §103F, as added
References in Text
The Counterintelligence Enhancement Act of 2002, referred to in subsec. (b), is title IX of
Effective Date
For Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of
§403–3g. Chief Information Officer
(a) Chief Information Officer
To assist the Director of National Intelligence in carrying out the responsibilities of the Director under this Act and other applicable provisions of law, there shall be within the Office of the Director of National Intelligence a Chief Information Officer of the Intelligence Community who shall be appointed by the President.
(b) Duties and responsibilities
Subject to the direction of the Director of National Intelligence, the Chief Information Officer of the Intelligence Community shall—
(1) manage activities relating to the information technology infrastructure and enterprise architecture requirements of the intelligence community;
(2) have procurement approval authority over all information technology items related to the enterprise architectures of all intelligence community components;
(3) direct and manage all information technology-related procurement for the intelligence community; and
(4) ensure that all expenditures for information technology and research and development activities are consistent with the intelligence community enterprise architecture and the strategy of the Director for such architecture.
(c) Prohibition on simultaneous service as other chief information officer
An individual serving in the position of Chief Information Officer of the Intelligence Community may not, while so serving, serve as the chief information officer of any other department or agency, or component thereof, of the United States Government.
(July 26, 1947, ch. 343, title I, §103G, as added
References in Text
This Act, referred to in subsec. (a), means act July 26, 1947, ch. 343,
Amendments
2010—Subsec. (a).
Subsecs. (b) to (d).
Effective Date
§403–3h. Inspector General of the Intelligence Community
(a) Office of Inspector General of the Intelligence Community
There is within the Office of the Director of National Intelligence an Office of the Inspector General of the Intelligence Community.
(b) Purpose
The purpose of the Office of the Inspector General of the Intelligence Community is—
(1) to create an objective and effective office, appropriately accountable to Congress, to initiate and conduct independent investigations, inspections, audits, and reviews on programs and activities within the responsibility and authority of the Director of National Intelligence;
(2) to provide leadership and coordination and recommend policies for activities designed—
(A) to promote economy, efficiency, and effectiveness in the administration and implementation of such programs and activities; and
(B) to prevent and detect fraud and abuse in such programs and activities;
(3) to provide a means for keeping the Director of National Intelligence fully and currently informed about—
(A) problems and deficiencies relating to the administration of programs and activities within the responsibility and authority of the Director of National Intelligence; and
(B) the necessity for, and the progress of, corrective actions; and
(4) in the manner prescribed by this section, to ensure that the congressional intelligence committees are kept similarly informed of—
(A) significant problems and deficiencies relating to programs and activities within the responsibility and authority of the Director of National Intelligence; and
(B) the necessity for, and the progress of, corrective actions.
(c) Inspector General of the Intelligence Community
(1) There is an Inspector General of the Intelligence Community, who shall be the head of the Office of the Inspector General of the Intelligence Community, who shall be appointed by the President, by and with the advice and consent of the Senate.
(2) The nomination of an individual for appointment as Inspector General shall be made—
(A) without regard to political affiliation;
(B) on the basis of integrity, compliance with security standards of the intelligence community, and prior experience in the field of intelligence or national security; and
(C) on the basis of demonstrated ability in accounting, financial analysis, law, management analysis, public administration, or investigations.
(3) The Inspector General shall report directly to and be under the general supervision of the Director of National Intelligence.
(4) The Inspector General may be removed from office only by the President. The President shall communicate in writing to the congressional intelligence committees the reasons for the removal not later than 30 days prior to the effective date of such removal. Nothing in this paragraph shall be construed to prohibit a personnel action otherwise authorized by law, other than transfer or removal.
(d) Assistant Inspectors General
Subject to the policies of the Director of National Intelligence, the Inspector General of the Intelligence Community shall—
(1) appoint an Assistant Inspector General for Audit who shall have the responsibility for supervising the performance of auditing activities relating to programs and activities within the responsibility and authority of the Director;
(2) appoint an Assistant Inspector General for Investigations who shall have the responsibility for supervising the performance of investigative activities relating to such programs and activities; and
(3) appoint other Assistant Inspectors General that, in the judgment of the Inspector General, are necessary to carry out the duties of the Inspector General.
(e) Duties and responsibilities
It shall be the duty and responsibility of the Inspector General of the Intelligence Community—
(1) to provide policy direction for, and to plan, conduct, supervise, and coordinate independently, the investigations, inspections, audits, and reviews relating to programs and activities within the responsibility and authority of the Director of National Intelligence;
(2) to keep the Director of National Intelligence fully and currently informed concerning violations of law and regulations, fraud, and other serious problems, abuses, and deficiencies relating to the programs and activities within the responsibility and authority of the Director, to recommend corrective action concerning such problems, and to report on the progress made in implementing such corrective action;
(3) to take due regard for the protection of intelligence sources and methods in the preparation of all reports issued by the Inspector General, and, to the extent consistent with the purpose and objective of such reports, take such measures as may be appropriate to minimize the disclosure of intelligence sources and methods described in such reports; and
(4) in the execution of the duties and responsibilities under this section, to comply with generally accepted government auditing.
(f) Limitations on activities
(1) The Director of National Intelligence may prohibit the Inspector General of the Intelligence Community from initiating, carrying out, or completing any investigation, inspection, audit, or review if the Director determines that such prohibition is necessary to protect vital national security interests of the United States.
(2) Not later than seven days after the date on which the Director exercises the authority under paragraph (1), the Director shall submit to the congressional intelligence committees an appropriately classified statement of the reasons for the exercise of such authority.
(3) The Director shall advise the Inspector General at the time a statement under paragraph (2) is submitted, and, to the extent consistent with the protection of intelligence sources and methods, provide the Inspector General with a copy of such statement.
(4) The Inspector General may submit to the congressional intelligence committees any comments on the statement of which the Inspector General has notice under paragraph (3) that the Inspector General considers appropriate.
(g) Authorities
(1) The Inspector General of the Intelligence Community shall have direct and prompt access to the Director of National Intelligence when necessary for any purpose pertaining to the performance of the duties of the Inspector General.
(2)(A) The Inspector General shall, subject to the limitations in subsection (f), make such investigations and reports relating to the administration of the programs and activities within the authorities and responsibilities of the Director as are, in the judgment of the Inspector General, necessary or desirable.
(B) The Inspector General shall have access to any employee, or any employee of a contractor, of any element of the intelligence community needed for the performance of the duties of the Inspector General.
(C) The Inspector General shall have direct access to all records, reports, audits, reviews, documents, papers, recommendations, or other materials that relate to the programs and activities with respect to which the Inspector General has responsibilities under this section.
(D) The level of classification or compartmentation of information shall not, in and of itself, provide a sufficient rationale for denying the Inspector General access to any materials under subparagraph (C).
(E) The Director, or on the recommendation of the Director, another appropriate official of the intelligence community, shall take appropriate administrative actions against an employee, or an employee of a contractor, of an element of the intelligence community that fails to cooperate with the Inspector General. Such administrative action may include loss of employment or the termination of an existing contractual relationship.
(3) The Inspector General is authorized to receive and investigate, pursuant to subsection (h), complaints or information from any person concerning the existence of an activity within the authorities and responsibilities of the Director of National Intelligence constituting a violation of laws, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to the public health and safety. Once such complaint or information has been received from an employee of the intelligence community—
(A) the Inspector General shall not disclose the identity of the employee without the consent of the employee, unless the Inspector General determines that such disclosure is unavoidable during the course of the investigation or the disclosure is made to an official of the Department of Justice responsible for determining whether a prosecution should be undertaken; and
(B) no action constituting a reprisal, or threat of reprisal, for making such complaint or disclosing such information to the Inspector General may be taken by any employee in a position to take such actions, unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.
(4) The Inspector General shall have the authority to administer to or take from any person an oath, affirmation, or affidavit, whenever necessary in the performance of the duties of the Inspector General, which oath, affirmation, or affidavit when administered or taken by or before an employee of the Office of the Inspector General of the Intelligence Community designated by the Inspector General shall have the same force and effect as if administered or taken by, or before, an officer having a seal.
(5)(A) Except as provided in subparagraph (B), the Inspector General is authorized to require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data in any medium (including electronically stored information, as well as any tangible thing) and documentary evidence necessary in the performance of the duties and responsibilities of the Inspector General.
(B) In the case of departments, agencies, and other elements of the United States Government, the Inspector General shall obtain information, documents, reports, answers, records, accounts, papers, and other data and evidence for the purpose specified in subparagraph (A) using procedures other than by subpoenas.
(C) The Inspector General may not issue a subpoena for, or on behalf of, any component of the Office of the Director of National Intelligence or any element of the intelligence community, including the Office of the Director of National Intelligence.
(D) In the case of contumacy or refusal to obey a subpoena issued under this paragraph, the subpoena shall be enforceable by order of any appropriate district court of the United States.
(6) The Inspector General may obtain services as authorized by
(7) The Inspector General may, to the extent and in such amounts as may be provided in appropriations, enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and to make such payments as may be necessary to carry out the provisions of this section.
(h) Coordination among Inspectors General
(1)(A) In the event of a matter within the jurisdiction of the Inspector General of the Intelligence Community that may be subject to an investigation, inspection, audit, or review by both the Inspector General of the Intelligence Community and an inspector general with oversight responsibility for an element of the intelligence community, the Inspector General of the Intelligence Community and such other inspector general shall expeditiously resolve the question of which inspector general shall conduct such investigation, inspection, audit, or review to avoid unnecessary duplication of the activities of the inspectors general.
(B) In attempting to resolve a question under subparagraph (A), the inspectors general concerned may request the assistance of the Intelligence Community Inspectors General Forum established under paragraph (2). In the event of a dispute between an inspector general within a department or agency of the United States Government and the Inspector General of the Intelligence Community that has not been resolved with the assistance of such Forum, the inspectors general shall submit the question to the Director of National Intelligence and the head of the affected department or agency for resolution.
(2)(A) There is established the Intelligence Community Inspectors General Forum, which shall consist of all statutory or administrative inspectors general with oversight responsibility for an element of the intelligence community.
(B) The Inspector General of the Intelligence Community shall serve as the Chair of the Forum established under subparagraph (A). The Forum shall have no administrative authority over any inspector general, but shall serve as a mechanism for informing its members of the work of individual members of the Forum that may be of common interest and discussing questions about jurisdiction or access to employees, employees of contract personnel, records, audits, reviews, documents, recommendations, or other materials that may involve or be of assistance to more than one of its members.
(3) The inspector general conducting an investigation, inspection, audit, or review covered by paragraph (1) shall submit the results of such investigation, inspection, audit, or review to any other inspector general, including the Inspector General of the Intelligence Community, with jurisdiction to conduct such investigation, inspection, audit, or review who did not conduct such investigation, inspection, audit, or review.
(i) Counsel to the Inspector General
(1) The Inspector General of the Intelligence Community shall—
(A) appoint a Counsel to the Inspector General who shall report to the Inspector General; or
(B) obtain the services of a counsel appointed by and directly reporting to another inspector general or the Council of the Inspectors General on Integrity and Efficiency on a reimbursable basis.
(2) The counsel appointed or obtained under paragraph (1) shall perform such functions as the Inspector General may prescribe.
(j) Staff and other support
(1) The Director of National Intelligence shall provide the Inspector General of the Intelligence Community with appropriate and adequate office space at central and field office locations, together with such equipment, office supplies, maintenance services, and communications facilities and services as may be necessary for the operation of such offices.
(2)(A) Subject to applicable law and the policies of the Director of National Intelligence, the Inspector General shall select, appoint, and employ such officers and employees as may be necessary to carry out the functions, powers, and duties of the Inspector General. The Inspector General shall ensure that any officer or employee so selected, appointed, or employed has security clearances appropriate for the assigned duties of such officer or employee.
(B) In making selections under subparagraph (A), the Inspector General shall ensure that such officers and employees have the requisite training and experience to enable the Inspector General to carry out the duties of the Inspector General effectively.
(C) In meeting the requirements of this paragraph, the Inspector General shall create within the Office of the Inspector General of the Intelligence Community a career cadre of sufficient size to provide appropriate continuity and objectivity needed for the effective performance of the duties of the Inspector General.
(3) Consistent with budgetary and personnel resources allocated by the Director of National Intelligence, the Inspector General has final approval of—
(A) the selection of internal and external candidates for employment with the Office of the Inspector General; and
(B) all other personnel decisions concerning personnel permanently assigned to the Office of the Inspector General, including selection and appointment to the Senior Intelligence Service, but excluding all security-based determinations that are not within the authority of a head of a component of the Office of the Director of National Intelligence.
(4)(A) Subject to the concurrence of the Director of National Intelligence, the Inspector General may request such information or assistance as may be necessary for carrying out the duties and responsibilities of the Inspector General from any department, agency, or other element of the United States Government.
(B) Upon request of the Inspector General for information or assistance under subparagraph (A), the head of the department, agency, or element concerned shall, insofar as is practicable and not in contravention of any existing statutory restriction or regulation of the department, agency, or element, furnish to the Inspector General, such information or assistance.
(C) The Inspector General of the Intelligence Community may, upon reasonable notice to the head of any element of the intelligence community and in coordination with that element's inspector general pursuant to subsection (h), conduct, as authorized by this section, an investigation, inspection, audit, or review of such element and may enter into any place occupied by such element for purposes of the performance of the duties of the Inspector General.
(k) Reports
(1)(A) The Inspector General of the Intelligence Community shall, not later than January 31 and July 31 of each year, prepare and submit to the Director of National Intelligence a classified, and, as appropriate, unclassified semiannual report summarizing the activities of the Office of the Inspector General of the Intelligence Community during the immediately preceding 6-month period ending December 31 (of the preceding year) and June 30, respectively. The Inspector General of the Intelligence Community shall provide any portion of the report involving a component of a department of the United States Government to the head of that department simultaneously with submission of the report to the Director of National Intelligence.
(B) Each report under this paragraph shall include, at a minimum, the following:
(i) A list of the title or subject of each investigation, inspection, audit, or review conducted during the period covered by such report.
(ii) A description of significant problems, abuses, and deficiencies relating to the administration of programs and activities of the intelligence community within the responsibility and authority of the Director of National Intelligence, and in the relationships between elements of the intelligence community, identified by the Inspector General during the period covered by such report.
(iii) A description of the recommendations for corrective action made by the Inspector General during the period covered by such report with respect to significant problems, abuses, or deficiencies identified in clause (ii).
(iv) A statement of whether or not corrective action has been completed on each significant recommendation described in previous semiannual reports, and, in a case where corrective action has been completed, a description of such corrective action.
(v) A certification of whether or not the Inspector General has had full and direct access to all information relevant to the performance of the functions of the Inspector General.
(vi) A description of the exercise of the subpoena authority under subsection (g)(5) by the Inspector General during the period covered by such report.
(vii) Such recommendations as the Inspector General considers appropriate for legislation to promote economy, efficiency, and effectiveness in the administration and implementation of programs and activities within the responsibility and authority of the Director of National Intelligence, and to detect and eliminate fraud and abuse in such programs and activities.
(C) Not later than 30 days after the date of receipt of a report under subparagraph (A), the Director shall transmit the report to the congressional intelligence committees together with any comments the Director considers appropriate. The Director shall transmit to the committees of the Senate and of the House of Representatives with jurisdiction over a department of the United States Government any portion of the report involving a component of such department simultaneously with submission of the report to the congressional intelligence committees.
(2)(A) The Inspector General shall report immediately to the Director whenever the Inspector General becomes aware of particularly serious or flagrant problems, abuses, or deficiencies relating to programs and activities within the responsibility and authority of the Director of National Intelligence.
(B) The Director shall transmit to the congressional intelligence committees each report under subparagraph (A) within 7 calendar days of receipt of such report, together with such comments as the Director considers appropriate. The Director shall transmit to the committees of the Senate and of the House of Representatives with jurisdiction over a department of the United States Government any portion of each report under subparagraph (A) that involves a problem, abuse, or deficiency related to a component of such department simultaneously with transmission of the report to the congressional intelligence committees.
(3)(A) In the event that—
(i) the Inspector General is unable to resolve any differences with the Director affecting the execution of the duties or responsibilities of the Inspector General;
(ii) an investigation, inspection, audit, or review carried out by the Inspector General focuses on any current or former intelligence community official who—
(I) holds or held a position in an element of the intelligence community that is subject to appointment by the President, whether or not by and with the advice and consent of the Senate, including such a position held on an acting basis;
(II) holds or held a position in an element of the intelligence community, including a position held on an acting basis, that is appointed by the Director of National Intelligence; or
(III) holds or held a position as head of an element of the intelligence community or a position covered by subsection (b) or (c) of
(iii) a matter requires a report by the Inspector General to the Department of Justice on possible criminal conduct by a current or former official described in clause (ii);
(iv) the Inspector General receives notice from the Department of Justice declining or approving prosecution of possible criminal conduct of any current or former official described in clause (ii); or
(v) the Inspector General, after exhausting all possible alternatives, is unable to obtain significant documentary information in the course of an investigation, inspection, audit, or review,
the Inspector General shall immediately notify, and submit a report to, the congressional intelligence committees on such matter.
(B) The Inspector General shall submit to the committees of the Senate and of the House of Representatives with jurisdiction over a department of the United States Government any portion of each report under subparagraph (A) that involves an investigation, inspection, audit, or review carried out by the Inspector General focused on any current or former official of a component of such department simultaneously with submission of the report to the congressional intelligence committees.
(4) The Director shall submit to the congressional intelligence committees any report or findings and recommendations of an investigation, inspection, audit, or review conducted by the office which has been requested by the Chairman or Vice Chairman or ranking minority member of either committee.
(5)(A) An employee of an element of the intelligence community, an employee assigned or detailed to an element of the intelligence community, or an employee of a contractor to the intelligence community who intends to report to Congress a complaint or information with respect to an urgent concern may report such complaint or information to the Inspector General.
(B) Not later than the end of the 14-calendar-day period beginning on the date of receipt from an employee of a complaint or information under subparagraph (A), the Inspector General shall determine whether the complaint or information appears credible. Upon making such a determination, the Inspector General shall transmit to the Director a notice of that determination, together with the complaint or information.
(C) Upon receipt of a transmittal from the Inspector General under subparagraph (B), the Director shall, within 7 calendar days of such receipt, forward such transmittal to the congressional intelligence committees, together with any comments the Director considers appropriate.
(D)(i) If the Inspector General does not find credible under subparagraph (B) a complaint or information submitted under subparagraph (A), or does not transmit the complaint or information to the Director in accurate form under subparagraph (B), the employee (subject to clause (ii)) may submit the complaint or information to Congress by contacting either or both of the congressional intelligence committees directly.
(ii) An employee may contact the congressional intelligence committees directly as described in clause (i) only if the employee—
(I) before making such a contact, furnishes to the Director, through the Inspector General, a statement of the employee's complaint or information and notice of the employee's intent to contact the congressional intelligence committees directly; and
(II) obtains and follows from the Director, through the Inspector General, direction on how to contact the congressional intelligence committees in accordance with appropriate security practices.
(iii) A member or employee of one of the congressional intelligence committees who receives a complaint or information under this subparagraph does so in that member or employee's official capacity as a member or employee of such committee.
(E) The Inspector General shall notify an employee who reports a complaint or information to the Inspector General under this paragraph of each action taken under this paragraph with respect to the complaint or information. Such notice shall be provided not later than 3 days after any such action is taken.
(F) An action taken by the Director or the Inspector General under this paragraph shall not be subject to judicial review.
(G) In this paragraph, the term "urgent concern" means any of the following:
(i) A serious or flagrant problem, abuse, violation of law or Executive order, or deficiency relating to the funding, administration, or operation of an intelligence activity within the responsibility and authority of the Director of National Intelligence involving classified information, but does not include differences of opinions concerning public policy matters.
(ii) A false statement to Congress, or a willful withholding from Congress, on an issue of material fact relating to the funding, administration, or operation of an intelligence activity.
(iii) An action, including a personnel action described in
(H) Nothing in this section shall be construed to limit the protections afforded to an employee under
(6) In accordance with
(l) Construction of duties regarding elements of Intelligence Community
Except as resolved pursuant to subsection (h), the performance by the Inspector General of the Intelligence Community of any duty, responsibility, or function regarding an element of the intelligence community shall not be construed to modify or affect the duties and responsibilities of any other inspector general having duties and responsibilities relating to such element.
(m) Separate budget account
The Director of National Intelligence shall, in accordance with procedures issued by the Director in consultation with the congressional intelligence committees, include in the National Intelligence Program budget a separate account for the Office of the Inspector General of the Intelligence Community.
(n) Budget
(1) For each fiscal year, the Inspector General of the Intelligence Community shall transmit a budget estimate and request to the Director of National Intelligence that specifies for such fiscal year—
(A) the aggregate amount requested for the operations of the Inspector General;
(B) the amount requested for all training requirements of the Inspector General, including a certification from the Inspector General that the amount requested is sufficient to fund all training requirements for the Office of the Inspector General; and
(C) the amount requested to support the Council of the Inspectors General on Integrity and Efficiency, including a justification for such amount.
(2) In transmitting a proposed budget to the President for a fiscal year, the Director of National Intelligence shall include for such fiscal year—
(A) the aggregate amount requested for the Inspector General of the Intelligence Community;
(B) the amount requested for Inspector General training;
(C) the amount requested to support the Council of the Inspectors General on Integrity and Efficiency; and
(D) the comments of the Inspector General, if any, with respect to such proposed budget.
(3) The Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives for each fiscal year—
(A) a separate statement of the budget estimate transmitted pursuant to paragraph (1);
(B) the amount requested by the Director for the Inspector General pursuant to paragraph (2)(A);
(C) the amount requested by the Director for the training of personnel of the Office of the Inspector General pursuant to paragraph (2)(B);
(D) the amount requested by the Director for support for the Council of the Inspectors General on Integrity and Efficiency pursuant to paragraph (2)(C); and
(E) the comments of the Inspector General under paragraph (2)(D), if any, on the amounts requested pursuant to paragraph (2), including whether such amounts would substantially inhibit the Inspector General from performing the duties of the Office of the Inspector General.
(July 26, 1947, ch. 343, title I, §103H, as added
References in Text
Section 8H of the Inspector General Act of 1978, referred to in subsec. (k)(5)(H), is section 8H of
Construction
1 So in original. Probably should be "involve".
§403–3i. Chief Financial Officer of the Intelligence Community
(a) Chief Financial Officer of the Intelligence Community
To assist the Director of National Intelligence in carrying out the responsibilities of the Director under this Act and other applicable provisions of law, there is within the Office of the Director of National Intelligence a Chief Financial Officer of the Intelligence Community who shall be appointed by the Director.
(b) Duties and responsibilities
Subject to the direction of the Director of National Intelligence, the Chief Financial Officer of the Intelligence Community shall—
(1) serve as the principal advisor to the Director of National Intelligence and the Principal Deputy Director of National Intelligence on the management and allocation of intelligence community budgetary resources;
(2) participate in overseeing a comprehensive and integrated strategic process for resource management within the intelligence community;
(3) ensure that the strategic plan of the Director of National Intelligence—
(A) is based on budgetary constraints as specified in the Future Year Intelligence Plans and Long-term Budget Projections required under
(B) contains specific goals and objectives to support a performance-based budget;
(4) prior to the obligation or expenditure of funds for the acquisition of any major system pursuant to a Milestone A or Milestone B decision, receive verification from appropriate authorities that the national requirements for meeting the strategic plan of the Director have been established, and that such requirements are prioritized based on budgetary constraints as specified in the Future Year Intelligence Plans and the Long-term Budget Projections for such major system required under
(5) ensure that the collection architectures of the Director are based on budgetary constraints as specified in the Future Year Intelligence Plans and the Long-term Budget Projections required under
(6) coordinate or approve representations made to Congress by the intelligence community regarding National Intelligence Program budgetary resources;
(7) participate in key mission requirements, acquisitions, or architectural boards formed within or by the Office of the Director of National Intelligence; and
(8) perform such other duties as may be prescribed by the Director of National Intelligence.
(c) Other law
The Chief Financial Officer of the Intelligence Community shall serve as the Chief Financial Officer of the intelligence community and, to the extent applicable, shall have the duties, responsibilities, and authorities specified in
(d) Prohibition on simultaneous service as other Chief Financial Officer
An individual serving in the position of Chief Financial Officer of the Intelligence Community may not, while so serving, serve as the chief financial officer of any other department or agency, or component thereof, of the United States Government.
(e) Definitions
In this section:
(1) The term "major system" has the meaning given that term in
(2) The term "Milestone A" has the meaning given that term in section 415a–9(f) 1 of this title.
(3) The term "Milestone B" has the meaning given that term in
(July 26, 1947, ch. 343, title I, §103I, as added
References in Text
This Act, referred to in subsec. (a), means act July 26, 1947, ch. 343,
1 So in original.
§403–4. Central Intelligence Agency
(a) Central Intelligence Agency
There is a Central Intelligence Agency.
(b) Function
The function of the Central Intelligence Agency is to assist the Director of the Central Intelligence Agency in carrying out the responsibilities specified in
(July 26, 1947, ch. 343, title I, §104, as added
Prior Provisions
A prior section 403–4, act July 26, 1947, ch. 343, title I, §104, as added
Another prior section 104 of act July 26, 1947, was renumbered section 108 and is classified to
Effective Date
For Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of
Implementation of Compensation Reform Plan
Designation of Headquarters Compound of Central Intelligence Agency as the George Bush Center for Intelligence
"(a)
"(b)
Communication of Restricted Data
Authorization for the communication of Restricted Data by the Central Intelligence Agency, see Ex. Ord. No. 10899, eff. Dec. 9, 1960, 25 F.R. 12729, set out as a note under
§403–4a. Director of the Central Intelligence Agency
(a) Director of Central Intelligence Agency
There is a Director of the Central Intelligence Agency who shall be appointed by the President, by and with the advice and consent of the Senate.
(b) Supervision
The Director of the Central Intelligence Agency shall report to the Director of National Intelligence regarding the activities of the Central Intelligence Agency.
(c) Duties
The Director of the Central Intelligence Agency shall—
(1) serve as the head of the Central Intelligence Agency; and
(2) carry out the responsibilities specified in subsection (d) of this section.
(d) Responsibilities
The Director of the Central Intelligence Agency shall—
(1) collect intelligence through human sources and by other appropriate means, except that the Director of the Central Intelligence Agency shall have no police, subpoena, or law enforcement powers or internal security functions;
(2) correlate and evaluate intelligence related to the national security and provide appropriate dissemination of such intelligence;
(3) provide overall direction for and coordination of the collection of national intelligence outside the United States through human sources by elements of the intelligence community authorized to undertake such collection and, in coordination with other departments, agencies, or elements of the United States Government which are authorized to undertake such collection, ensure that the most effective use is made of resources and that appropriate account is taken of the risks to the United States and those involved in such collection; and
(4) perform such other functions and duties related to intelligence affecting the national security as the President or the Director of National Intelligence may direct.
(e) Termination of employment of CIA employees
(1) Notwithstanding the provisions of any other law, the Director of the Central Intelligence Agency may, in the discretion of the Director, terminate the employment of any officer or employee of the Central Intelligence Agency whenever the Director deems the termination of employment of such officer or employee necessary or advisable in the interests of the United States.
(2) Any termination of employment of an officer or employee under paragraph (1) shall not affect the right of the officer or employee to seek or accept employment in any other department, agency, or element of the United States Government if declared eligible for such employment by the Office of Personnel Management.
(f) Coordination with foreign governments
Under the direction of the Director of National Intelligence and in a manner consistent with
(g) Foreign language proficiency for certain senior level positions in Central Intelligence Agency
(1) Except as provided pursuant to paragraph (2), an individual may not be appointed to a position in the Senior Intelligence Service in the Directorate of Intelligence or the National Clandestine Service of the Central Intelligence Agency unless the Director of the Central Intelligence Agency determines that the individual—
(A) has been certified as having a professional speaking and reading proficiency in a foreign language, such proficiency being at least level 3 on the Interagency Language Roundtable Language Skills Level or commensurate proficiency level using such other indicator of proficiency as the Director of the Central Intelligence Agency considers appropriate; and
(B) is able to effectively communicate the priorities of the United States and exercise influence in that foreign language.
(2) The Director of the Central Intelligence Agency may, in the discretion of the Director, waive the application of paragraph (1) to any position or category of positions otherwise covered by that paragraph if the Director determines that foreign language proficiency is not necessary for the successful performance of the duties and responsibilities of such position or category of positions.
(July 26, 1947, ch. 343, title I, §104A, as added
Amendments
2010—Subsec. (g)(1).
2004—Subsec. (g).
Effective Date of 2004 Amendment
Effective Date
For Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of
Post-Employment Restrictions
"(a)
"(b)
"(c)
[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
Executive Order No. 13355
Ex. Ord. No. 13355, Aug. 27, 2004, 69 F.R. 53593, which related to strengthened management of the Intelligence Community, was revoked by Ex. Ord. No. 12333, §3.6, Dec. 4, 1981, 46 F.R. 59954, as amended by Ex. Ord. No. 13470, §4(j), July 30, 2008, 73 F.R. 45341, set out as a note under
§403–4b. Transformation of Central Intelligence Agency
The Director of the Central Intelligence Agency shall, in accordance with standards developed by the Director in consultation with the Director of National Intelligence—
(1) enhance the analytic, human intelligence, and other capabilities of the Central Intelligence Agency;
(2) develop and maintain an effective language program within the Agency;
(3) emphasize the hiring of personnel of diverse backgrounds for purposes of improving the capabilities of the Agency;
(4) establish and maintain effective relationships between human intelligence and signals intelligence within the Agency at the operational level; and
(5) achieve a more effective balance within the Agency with respect to unilateral operations and liaison operations.
(
Codification
Section was enacted as part of the Intelligence Reform and Terrorism Prevention Act of 2004, and also as part of the National Security Intelligence Reform Act of 2004, and not as part of the National Security Act of 1947 which comprises this chapter.
Effective Date
For Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of
Sense of Congress
"(1) the human intelligence officers of the intelligence community have performed admirably and honorably in the face of great personal dangers;
"(2) during an extended period of unprecedented investment and improvements in technical collection means, the human intelligence capabilities of the United States have not received the necessary and commensurate priorities;
"(3) human intelligence is becoming an increasingly important capability to provide information on the asymmetric threats to the national security of the United States;
"(4) the continued development and improvement of a robust and empowered and flexible human intelligence work force is critical to identifying, understanding, and countering the plans and intentions of the adversaries of the United States; and
"(5) an increased emphasis on, and resources applied to, enhancing the depth and breadth of human intelligence capabilities of the United States intelligence community must be among the top priorities of the Director of National Intelligence."
§403–4c. Deputy Director of the Central Intelligence Agency
(a) Deputy Director of the Central Intelligence Agency
There is a Deputy Director of the Central Intelligence Agency who shall be appointed by the President.
(b) Duties
The Deputy Director of the Central Intelligence Agency shall—
(1) assist the Director of the Central Intelligence Agency in carrying out the duties and responsibilities of the Director of the Central Intelligence Agency; and
(2) during the absence or disability of the Director of the Central Intelligence Agency, or during a vacancy in the position of Director of the Central Intelligence Agency, act for and exercise the powers of the Director of the Central Intelligence Agency.
(July 26, 1947, ch. 343, title I, §104B, as added
Effective Date
"(1) the date of the appointment by the President of an individual to serve as Deputy Director of the Central Intelligence Agency pursuant to section 104B of the National Security Act of 1947 [
"(2) the date of the cessation of the performance of the duties of the Deputy Director of the Central Intelligence Agency by the individual administratively performing such duties as of the date of the enactment of this Act."
§403–5. Responsibilities of Secretary of Defense pertaining to National Intelligence Program
(a) In general
Consistent with
(1) ensure that the budgets of the elements of the intelligence community within the Department of Defense are adequate to satisfy the overall intelligence needs of the Department of Defense, including the needs of the chairman 1 of the Joint Chiefs of Staff and the commanders of the unified and specified commands and, wherever such elements are performing governmentwide functions, the needs of other departments and agencies;
(2) ensure appropriate implementation of the policies and resource decisions of the Director by elements of the Department of Defense within the National Intelligence Program;
(3) ensure that the tactical intelligence activities of the Department of Defense complement and are compatible with intelligence activities under the National Intelligence Program;
(4) ensure that the elements of the intelligence community within the Department of Defense are responsive and timely with respect to satisfying the needs of operational military forces;
(5) eliminate waste and unnecessary duplication among the intelligence activities of the Department of Defense; and
(6) ensure that intelligence activities of the Department of Defense are conducted jointly where appropriate.
(b) Responsibility for performance of specific functions
Consistent with
(1) through the National Security Agency (except as otherwise directed by the President or the National Security Council), the continued operation of an effective unified organization for the conduct of signals intelligence activities and shall ensure that the product is disseminated in a timely manner to authorized recipients;
(2) through the National Geospatial-Intelligence Agency (except as otherwise directed by the President or the National Security Council), with appropriate representation from the intelligence community, the continued operation of an effective unified organization within the Department of Defense—
(A) for carrying out tasking of imagery collection;
(B) for the coordination of imagery processing and exploitation activities;
(C) for ensuring the dissemination of imagery in a timely manner to authorized recipients; and
(D) notwithstanding any other provision of law, for—
(i) prescribing technical architecture and standards related to imagery intelligence and geospatial information and ensuring compliance with such architecture and standards; and
(ii) developing and fielding systems of common concern related to imagery intelligence and geospatial information;
(3) through the National Reconnaissance Office (except as otherwise directed by the President or the National Security Council), the continued operation of an effective unified organization for the research and development, acquisition, and operation of overhead reconnaissance systems necessary to satisfy the requirements of all elements of the intelligence community;
(4) through the Defense Intelligence Agency (except as otherwise directed by the President or the National Security Council), the continued operation of an effective unified system within the Department of Defense for the production of timely, objective military and military-related intelligence, based upon all sources available to the intelligence community, and shall ensure the appropriate dissemination of such intelligence to authorized recipients;
(5) through the Defense Intelligence Agency (except as otherwise directed by the President or the National Security Council), effective management of Department of Defense human intelligence activities, including defense attaches; and
(6) that the military departments maintain sufficient capabilities to collect and produce intelligence to meet—
(A) the requirements of the Director of National Intelligence;
(B) the requirements of the Secretary of Defense or the Chairman of the Joint Chiefs of Staff;
(C) the requirements of the unified and specified combatant commands and of joint operations; and
(D) the specialized requirements of the military departments for intelligence necessary to support tactical commanders, military planners, the research and development process, the acquisition of military equipment, and training and doctrine.
(c) Use of elements of Department of Defense
The Secretary of Defense, in carrying out the functions described in this section, may use such elements of the Department of Defense as may be appropriate for the execution of those functions, in addition to, or in lieu of, the elements identified in this section.
(July 26, 1947, ch. 343, title I, §105, as added
Amendments
2004—
Subsec. (a).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (b).
Subsec. (b)(6)(A).
2003—Subsec. (b)(2).
Subsec. (d).
Subsec. (d)(3).
2002—Subsec. (d).
1996—Subsec. (a).
Subsec. (b)(2).
Subsec. (d).
1994—Subsec. (b)(2).
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
Effective Date of 2003 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
Department of Defense Strategy for Open-source Intelligence
"(a)
"(1) Open-source intelligence (OSINT) is intelligence that is produced from publicly available information and is collected, exploited, and disseminated in a timely manner to an appropriate audience for the purpose of addressing a specific intelligence requirement.
"(2) With the Information Revolution, the amount, significance, and accessibility of open-source information has expanded significantly, but the intelligence community has not expanded its exploitation efforts and systems to produce open-source intelligence.
"(3) The production of open-source intelligence is a valuable intelligence discipline that must be integrated into intelligence tasking, collection, processing, exploitation, and dissemination to ensure that United States policymakers are fully and completely informed.
"(4) The dissemination and use of validated open-source intelligence inherently enables information sharing since open-source intelligence is produced without the use of sensitive sources and methods. Open-source intelligence products can be shared with the American public and foreign allies because of the unclassified nature of open-source intelligence.
"(5) The National Commission on Terrorist Attacks Upon the United States (popularly referred to as the '9/11 Commission'), in its final report released on July 22, 2004, identified shortfalls in the ability of the United States to use all-source intelligence, a large component of which is open-source intelligence.
"(6) In the Intelligence Reform and Terrorism Prevention Act of 2004 (
"(7) The Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction, in its report to the President released on March 31, 2005, found that 'the need for exploiting open-source material is greater now than ever before,' but that 'the Intelligence Community's open source programs have not expanded commensurate with either the increase in available information or with the growing importance of open source data to today's problems'.
"(b)
"(1)
"(2)
"(c)
"(1) A plan for providing funds over the period of the future-years defense program for the development of a robust open-source intelligence capability for the Department of Defense, with particular emphasis on exploitation and dissemination.
"(2) A description of how management of the collection of open-source intelligence is currently conducted within the Department of Defense and how that management can be improved.
"(3) A description of the tools, systems, centers, organizational entities, and procedures to be used within the Department of Defense to perform open-source intelligence tasking, collection, processing, exploitation, and dissemination.
"(4) A description of proven tradecraft for effective exploitation of open-source intelligence, to include consideration of operational security.
"(5) A detailed description on how open-source intelligence will be fused with all other intelligence sources across the Department of Defense.
"(6) A description of—
"(A) a training plan for Department of Defense intelligence personnel with respect to open-source intelligence; and
"(B) open-source intelligence guidance for Department of Defense intelligence personnel.
"(7) A plan to incorporate the function of oversight of open-source intelligence—
"(A) into the Office of the Undersecretary of Defense for Intelligence; and
"(B) into service intelligence organizations.
"(8) A plan to incorporate and identify an open-source intelligence specialty into personnel systems of the Department of Defense, including military personnel systems.
"(9) A plan for the use of intelligence personnel of the reserve components to augment and support the open-source intelligence mission.
"(10) A plan for the use of the Open-Source Information System for the purpose of exploitation and dissemination of open-source intelligence."
Role of Director of Central Intelligence in Experimental Personnel Program for Certain Scientific and Technical Personnel
[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
1 So in original. Probably should be capitalized.
§403–5a. Assistance to United States law enforcement agencies
(a) Authority to provide assistance
Subject to subsection (b) of this section, elements of the intelligence community may, upon the request of a United States law enforcement agency, collect information outside the United States about individuals who are not United States persons. Such elements may collect such information notwithstanding that the law enforcement agency intends to use the information collected for purposes of a law enforcement investigation or counterintelligence investigation.
(b) Limitation on assistance by elements of Department of Defense
(1) With respect to elements within the Department of Defense, the authority in subsection (a) of this section applies only to the following:
(A) The National Security Agency.
(B) The National Reconnaissance Office.
(C) The National Geospatial-Intelligence Agency.
(D) The Defense Intelligence Agency.
(2) Assistance provided under this section by elements of the Department of Defense may not include the direct participation of a member of the Army, Navy, Air Force, or Marine Corps in an arrest or similar activity.
(3) Assistance may not be provided under this section by an element of the Department of Defense if the provision of such assistance will adversely affect the military preparedness of the United States.
(4) The Secretary of Defense shall prescribe regulations governing the exercise of authority under this section by elements of the Department of Defense, including regulations relating to the protection of sources and methods in the exercise of such authority.
(c) Definitions
For purposes of subsection (a) of this section:
(1) The term "United States law enforcement agency" means any department or agency of the Federal Government that the Attorney General designates as law enforcement agency for purposes of this section.
(2) The term "United States person" means the following:
(A) A United States citizen.
(B) An alien known by the intelligence agency concerned to be a permanent resident alien.
(C) An unincorporated association substantially composed of United States citizens or permanent resident aliens.
(D) A corporation incorporated in the United States, except for a corporation directed and controlled by a foreign government or governments.
(July 26, 1947, ch. 343, title I, §105A, as added
Amendments
2003—Subsec. (b)(1)(C).
§403–5b. Disclosure of foreign intelligence acquired in criminal investigations; notice of criminal investigations of foreign intelligence sources
(a) Disclosure of foreign intelligence
(1) Except as otherwise provided by law and subject to paragraph (2), the Attorney General, or the head of any other department or agency of the Federal Government with law enforcement responsibilities, shall expeditiously disclose to the Director of National Intelligence, pursuant to guidelines developed by the Attorney General in consultation with the Director, foreign intelligence acquired by an element of the Department of Justice or an element of such department or agency, as the case may be, in the course of a criminal investigation.
(2) The Attorney General by regulation and in consultation with the Director may provide for exceptions to the applicability of paragraph (1) for one or more classes of foreign intelligence, or foreign intelligence with respect to one or more targets or matters, if the Attorney General determines that disclosure of such foreign intelligence under that paragraph would jeopardize an ongoing law enforcement investigation or impair other significant law enforcement interests.
(b) Procedures for notice of criminal investigations
Not later than 180 days after October 26, 2001, the Attorney General, in consultation with the Director of National Intelligence, shall develop guidelines to ensure that after receipt of a report from an element of the intelligence community of activity of a foreign intelligence source or potential foreign intelligence source that may warrant investigation as criminal activity, the Attorney General provides notice to the Director, within a reasonable period of time, of his intention to commence, or decline to commence, a criminal investigation of such activity.
(c) Procedures
The Attorney General shall develop procedures for the administration of this section, including the disclosure of foreign intelligence by elements of the Department of Justice, and elements of other departments and agencies of the Federal Government, under subsection (a) of this section and the provision of notice with respect to criminal investigations under subsection (b) of this section.
(July 26, 1947, ch. 343, title I, §105B, as added
Prior Provisions
A prior section 403–5b, act July 26, 1947, ch. 343, title I, §105B, as added
Amendments
2004—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b).
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
§403–5c. Transferred
Codification
Section, act July 26, 1947, ch. 343, title I, §105C, formerly §105B, as added
§403–5d. Foreign intelligence information
(1) In general
Notwithstanding any other provision of law, it shall be lawful for foreign intelligence or counterintelligence (as defined in
(2) Definition
In this section, the term "foreign intelligence information" means—
(A) information, whether or not concerning a United States person, that relates to the ability of the United States to protect against—
(i) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;
(ii) sabotage or international terrorism by a foreign power or an agent of a foreign power; or
(iii) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power; or
(B) information, whether or not concerning a United States person, with respect to a foreign power or foreign territory that relates to—
(i) the national defense or the security of the United States; or
(ii) the conduct of the foreign affairs of the United States.
(
Codification
Section was enacted as part of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 or USA PATRIOT Act, and not as part of the National Security Act of 1947 which comprises this chapter.
Amendments
2002—Par. (1).
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
Effective Date of 2002 Amendment
Amendment by
§403–5e. Transferred
Codification
Section, act July 26, 1947, ch. 343, title I, §105D, as added
§403–6. Appointment of officials responsible for intelligence-related activities
(a) Recommendation of DNI in certain appointments
(1) In the event of a vacancy in a position referred to in paragraph (2), the Director of National Intelligence shall recommend to the President an individual for nomination to fill the vacancy.
(2) Paragraph (1) applies to the following positions:
(A) The Principal Deputy Director of National Intelligence.
(B) The Director of the Central Intelligence Agency.
(b) Concurrence of DNI in appointments to positions in the intelligence community
(1) In the event of a vacancy in a position referred to in paragraph (2), the head of the department or agency having jurisdiction over the position shall obtain the concurrence of the Director of National Intelligence before appointing an individual to fill the vacancy or recommending to the President an individual to be nominated to fill the vacancy. If the Director does not concur in the recommendation, the head of the department or agency concerned may not fill the vacancy or make the recommendation to the President (as the case may be). In the case in which the Director does not concur in such a recommendation, the Director and the head of the department or agency concerned may advise the President directly of the intention to withhold concurrence or to make a recommendation, as the case may be.
(2) Paragraph (1) applies to the following positions:
(A) The Director of the National Security Agency.
(B) The Director of the National Reconnaissance Office.
(C) The Director of the National Geospatial-Intelligence Agency.
(D) The Assistant Secretary of State for Intelligence and Research.
(E) The Director of the Office of Intelligence of the Department of Energy.
(F) The Director of the Office of Counterintelligence of the Department of Energy.
(G) The Assistant Secretary for Intelligence and Analysis of the Department of the Treasury.
(H) The Executive Assistant Director for Intelligence of the Federal Bureau of Investigation or any successor to that position.
(I) The Under Secretary of Homeland Security for Intelligence and Analysis.
(c) Consultation with DNI in certain positions
(1) In the event of a vacancy in a position referred to in paragraph (2), the head of the department or agency having jurisdiction over the position shall consult with the Director of National Intelligence before appointing an individual to fill the vacancy or recommending to the President an individual to be nominated to fill the vacancy.
(2) Paragraph (1) applies to the following positions:
(A) The Director of the Defense Intelligence Agency.
(B) The Assistant Commandant of the Coast Guard for Intelligence.
(C) The Assistant Attorney General designated as the Assistant Attorney General for National Security under
(July 26, 1947, ch. 343, title I, §106, as added
Amendments
2007—Subsec. (b)(2)(I).
2006—Subsec. (c)(2)(C).
2004—
2003—Subsec. (a)(2)(C).
Subsec. (b)(2)(E).
2001—Subsec. (b)(2)(C), (D).
1996—
1994—Subsec. (b).
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
§403–7. Prohibition on using journalists as agents or assets
(a) Policy
It is the policy of the United States that an element of the Intelligence Community may not use as an agent or asset for the purposes of collecting intelligence any individual who—
(1) is authorized by contract or by the issuance of press credentials to represent himself or herself, either in the United States or abroad, as a correspondent of a United States news media organization; or
(2) is officially recognized by a foreign government as a representative of a United States media organization.
(b) Waiver
Pursuant to such procedures as the President may prescribe, the President or the Director of Central Intelligence may waive subsection (a) of this section in the case of an individual if the President or the Director, as the case may be, makes a written determination that the waiver is necessary to address the overriding national security interest of the United States. The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate shall be notified of any waiver under this subsection.
(c) Voluntary cooperation
Subsection (a) of this section shall not be construed to prohibit the voluntary cooperation of any person who is aware that the cooperation is being provided to an element of the United States Intelligence Community.
(
Codification
Section was enacted as part of the Intelligence Authorization Act for Fiscal Year 1997, and not as part of the National Security Act of 1947 which comprises this chapter.
Change 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
§403–8. Reaffirmation of longstanding prohibition against drug trafficking by employees of the intelligence community
(a) Finding
Congress finds that longstanding statutes, regulations, and policies of the United States prohibit employees, agents, and assets of the elements of the intelligence community, and of every other Federal department and agency, from engaging in the illegal manufacture, purchase, sale, transport, and distribution of drugs.
(b) Obligation of employees of intelligence community
Any employee of the intelligence community having knowledge of a fact or circumstance that reasonably indicates that an employee, agent, or asset of an element of the intelligence community is involved in any activity that violates a statute, regulation, or policy described in subsection (a) of this section shall report such knowledge to an appropriate official.
(c) Intelligence community defined
In this section, the term "intelligence community" has the meaning given that term in
(
Codification
Section was enacted as part of the Intelligence Authorization Act for Fiscal Year 2000, and not as part of the National Security Act of 1947 which comprises this chapter.
§403–9. Information access by the Comptroller General of the United States
(a) DNI directive governing access
(1) Requirement for directive
The Director of National Intelligence, in consultation with the Comptroller General of the United States, shall issue a written directive governing the access of the Comptroller General to information in the possession of an element of the intelligence community.
(2) Amendment to directive
The Director of National Intelligence, in consultation with the Comptroller General, may issue an amendment to the directive issued under paragraph (1) at any time the Director determines such an amendment is appropriate.
(3) Relationship to other laws
The directive issued under paragraph (1) and any amendment to such directive issued under paragraph (2) shall be consistent with the provisions of—
(A)
(B) the National Security Act of 1947 (
(b) Confidentiality of information
(1) Requirement for confidentiality
The Comptroller General of the United States shall ensure that the level of confidentiality of information made available to the Comptroller General pursuant to the directive issued under subsection (a)(1) or an amendment to such directive issued under subsection (a)(2) is not less than the level of confidentiality of such information required of the head of the element of the intelligence community from which such information was obtained.
(2) Penalties for unauthorized disclosure
An officer or employee of the Government Accountability Office shall be subject to the same statutory penalties for unauthorized disclosure or use of such information as an officer or employee of the element of the intelligence community from which such information was obtained.
(c) Submission to Congress
(1) Submission of directive
The directive issued under subsection (a)(1) shall be submitted to Congress by the Director of National Intelligence, together with any comments of the Comptroller General of the United States, no later than May 1, 2011.
(2) Submission of amendment
Any amendment to such directive issued under subsection (a)(2) shall be submitted to Congress by the Director, together with any comments of the Comptroller General.
(d) Effective date
The directive issued under subsection (a)(1) and any amendment to such directive issued under subsection (a)(2) shall take effect 60 days after the date such directive or amendment is submitted to Congress under subsection (c), unless the Director determines that for reasons of national security the directive or amendment should take effect sooner.
(
References in Text
The National Security Act of 1947, referred to in subsec. (a)(3)(B), is act July 26, 1947, ch. 343,
Codification
Section was enacted as part of the Intelligence Authorization Act for Fiscal Year 2010, and not as part of the National Security Act of 1947 which comprises this chapter.
Definition
For definition of "intelligence community", see section 2 of
§403a. Definitions relating to Central Intelligence Agency
When used in
(1) "Agency" means the Central Intelligence Agency;
(2) "Director" means the Director of the Central Intelligence Agency; and
(3) "Government agency" means any executive department, commission, council, independent establishment, corporation wholly or partly owned by the United States which is an instrumentality of the United States, board, bureau, division, service, office, officer, authority, administration, or other establishment, in the executive branch of the Government.
(June 20, 1949, ch. 227, §1,
Codification
Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter.
Amendments
2004—
1960—Subsec. (c).
Subsec. (d).
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
Short Title
Act June 20, 1949, ch. 227, §10, formerly §12,
Separability
Act June 20, 1949, §9, formerly §11,
§403b. Seal of office of Central Intelligence Agency
The Director shall cause a seal of office to be made for the Central Intelligence Agency, of such design as the President shall approve, and judicial notice shall be taken thereof.
(June 20, 1949, ch. 227, §2,
Codification
Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter.
Amendments
2004—
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
§403c. Procurement authority of Central Intelligence Agency
(a) Purchases and contracts for supplies and services
In the performance of its functions the Central Intelligence Agency is authorized to exercise the authorities contained in sections 2304(a)(1) to (6), (10), (12), (15), (17), and sections 2305(a) to (c), 2306, 2307, 2308, 2309, 2312, and 2313 of title 10.1
(b) "Agency head" defined
In the exercise of the authorities granted in subsection (a) of this section, the term "Agency head" shall mean the Director, the Deputy Director, or the Executive of the Agency.
(c) Classes of purchases and contracts; finality of decision; powers delegable
The determinations and decisions provided in subsection (a) of this section to be made by the Agency head may be made with respect to individual purchases and contracts or with respect to classes of purchases or contracts, and shall be final. Except as provided in subsection (d) of this section, the Agency head is authorized to delegate his powers provided in this section, including the making of such determinations and decisions, in his discretion and subject to his direction, to any other officer or officers or officials of the Agency.
(d) Powers not delegable; written findings
The power of the Agency head to make the determinations or decisions specified in paragraphs (12) and (15) of section 2304(a) and
(June 20, 1949, ch. 227, §3,
Codification
Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter.
In subsecs. (a) and (d), references to the appropriate sections of title 10 were substituted for references to sections 2(c)(1) to (6), (10), (12), (15), (17), 3, 4, 5, 6, and 10 of the Armed Services Procurement Act of 1947 (Public Law 413, 80th Congress), on authority of section 49(b) of act Aug. 10, 1956, ch. 1041,
| Act | Title 10 |
|---|---|
| 2(c) | 2304(a) |
| 3 | 2305(a)–(c) |
| 4 | 2306, 2313 |
| 5 | 2307 |
| 5(a) | 2307(a) |
| 6 | 2312 |
| 10 | 2308, 2309 |
Amendments
1996—Subsec. (e).
1982—Subsec. (e).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1982 Amendment
Section 703 of title VII of
Procurement of Automatic Data Processing Equipment or Services; Contracts Made Before September 27, 1982
Section 502(b) of
1 See Codification note below.
§403d. Repealed. Pub. L. 85–507, §21(b)(2), July 7, 1958, 72 Stat. 337
Section, act June 20, 1949, ch. 227, §4,
Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter.
§403e. Central Intelligence Agency personnel; allowances and benefits
(a) Travel, allowances, and related expenses for officers and employees assigned to duty stations outside United States
Under such regulations as the Director may prescribe, the Agency, with respect to its officers and employees assigned to duty stations outside the several States of the United States of America, excluding Alaska and Hawaii, but including the District of Columbia, shall—
(1)(A) pay the travel expenses of officers and employees of the Agency, including expenses incurred while traveling pursuant to authorized home leave;
(B) pay the travel expenses of members of the family of an officer or employee of the Agency when proceeding to or returning from his post of duty; accompanying him on authorized home leave; or otherwise traveling in accordance with authority granted pursuant to the terms of
(C) pay the cost of transporting the furniture and household and personal effects of an officer or employee of the Agency to his successive posts of duty and, on the termination of his services, to his residence at time of appointment or to a point not more distant, or, upon retirement, to the place where he will reside;
(D) pay the cost of packing and unpacking, transporting to and from a place of storage, and storing the furniture and household and personal effects of an officer or employee of the Agency, when he is absent from his post of assignment under orders, or when he is assigned to a post to which he cannot take or at which he is unable to use such furniture and household and personal effects, or when it is in the public interest or more economical to authorize storage; but in no instance shall the weight or volume of the effects stored together with the weight or volume of the effects transported exceed the maximum limitations fixed by regulations, when not otherwise fixed by law;
(E) pay the cost of packing and unpacking, transporting to and from a place of storage, and storing the furniture and household and personal effects of an officer or employee of the Agency in connection with assignment or transfer to a new post, from the date of his departure from his last post or from the date of his departure, from his place of residence in the case of a new officer or employee and for not to exceed three months after arrival at the new post, or until the establishment of residence quarters, whichever shall be shorter; and in connection with separation of an officer or employee of the Agency, the cost of packing and unpacking, transporting to and from a place of storage, and storing for a period not to exceed three months, his furniture and household and personal effects; but in no instance shall the weight or volume of the effects stored together with the weight or volume of the effects transported exceed the maximum limitations fixed by regulations, when not otherwise fixed by law.1
(F) pay the travel expenses and transportation costs incident to the removal of the members of the family of an officer or employee of the Agency and his furniture and household and personal effects, including automobiles, from a post at which, because of the prevalence of disturbed conditions, there is imminent danger to life and property, and the return of such persons, furniture, and effects to such post upon the cessation of such conditions; or to such other post as may in the meantime have become the post to which such officer or employee has been assigned.
(2) Charge expenses in connection with travel of personnel, their dependents, and transportation of their household goods and personal effects, involving a change of permanent station, to the appropriation for the fiscal year current when any part of either the travel or transportation pertaining to the transfer begins pursuant to previously issued travel and transfer orders, notwithstanding the fact that such travel or transportation may not all be effected during such fiscal year, or the travel and transfer orders may have been issued during the prior fiscal year.
(3)(A) Order to any of the several States of the United States of America (including the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States) on leave of absence each officer or employee of the Agency who was a resident of the United States (as described above) at time of employment, upon completion of two years' continuous service abroad, or as soon as possible thereafter.
(B) While in the United States (as described in paragraph (3)(A) of this subsection) 2 on leave, the service of any officer or employee shall be available for work or duties in the Agency or elsewhere as the Director may prescribe; and the time of such work or duty shall not be counted as leave.
(C) Where an officer or employee on leave returns to the United States (as described in paragraph (3)(A) of this subsection),2 leave of absence granted shall be exclusive of the time actually and necessarily occupied in going to and from the United States (as so described) and such time as may be necessarily occupied in awaiting transportation.
(4) Notwithstanding the provisions of any other law, transport for or on behalf of an officer or employee of the Agency, a privately owned motor vehicle in any case in which it shall be determined that water, rail, or air transportation of the motor vehicle is necessary or expedient for all or any part of the distance between points of origin and destination, and pay the costs of such transportation. Not more than one motor vehicle of any officer or employee of the Agency may be transported under authority of this paragraph during any four-year period, except that, as a replacement for such motor vehicle, one additional motor vehicle of any such officer or employee may be so transported during such period upon approval, in advance, by the Director and upon a determination, in advance, by the Director that such replacement is necessary for reasons beyond the control of the officer or employee and is in the interest of the Government. After the expiration of a period of four years following the date of transportation under authority of this paragraph of a privately owned motor vehicle of any officer or employee who has remained in continuous service outside the several States of the United States of America, excluding Alaska and Hawaii, but including the District of Columbia, during such period, the transportation of a replacement for such motor vehicle for such officer or employee may be authorized by the Director in accordance with this paragraph.
(5)(A) In the event of illness or injury requiring the hospitalization of an officer or full time employee of the Agency incurred while on assignment abroad, in a locality where there does not exist a suitable hospital or clinic, pay the travel expenses of such officer or employee by whatever means the Director deems appropriate and without regard to the Standardized Government Travel Regulations and
(B) Establish a first-aid station and provide for the services of a nurse at a post at which, in the opinion of the Director, sufficient personnel is employed to warrant such a station: Provided, That, in the opinion of the Director, it is not feasible to utilize an existing facility;
(C) In the event of illness or injury requiring hospitalization of an officer or full time employee of the Agency incurred in the line of duty while such person is assigned abroad, pay for the cost of the treatment of such illness or injury at a suitable hospital or clinic;
(D) Provide for the periodic physical examination of officers and employees of the Agency and for the cost of administering inoculation or vaccinations to such officers or employees.
(6) Pay the costs of preparing and transporting the remains of an officer or employee of the Agency or a member of his family who may die while in travel status or abroad, to his home or official station, or to such other place as the Director may determine to be the appropriate place of interment, provided that in no case shall the expense payable be greater than the amount which would have been payable had the destination been the home or official station.
(7) Pay the costs of travel of new appointees and their dependents, and the transportation of their household goods and personal effects, from places of actual residence in foreign countries at time of appointment to places of employment and return to their actual residences at the time of appointment or a point not more distant: Provided, That such appointees agree in writing to remain with the United States Government for a period of not less than twelve months from the time of appointment.
Violation of such agreement for personal convenience of an employee or because of separation for misconduct will bar such return payments and, if determined by the Director or his designee to be in the best interests of the United States, any money expended by the United States on account of such travel and transportation shall be considered as a debt due by the individual concerned to the United States.
(b) Allowances and benefits comparable to those paid members of Foreign Service; special requirements; persons detailed or assigned from other agencies; regulations
(1) The Director may pay to officers and employees of the Agency, and to persons detailed or assigned to the Agency from other agencies of the Government or from the Armed Forces, allowances and benefits comparable to the allowances and benefits authorized to be paid to members of the Foreign Service under
(2) The Director may pay allowances and benefits related to officially authorized travel, personnel and physical security activities, operational activities, and cover-related activities (whether or not such allowances and benefits are otherwise authorized under this section or any other provision of law) when payment of such allowances and benefits is necessary to meet the special requirements of work related to such activities. Payment of allowances and benefits under this paragraph shall be in accordance with regulations prescribed by the Director. Rates for allowances and benefits under this paragraph may not be set at rates in excess of those authorized by
(3) Notwithstanding any other provision of this section or any other provision of law relating to the officially authorized travel of Government employees, the Director, in order to reflect Agency requirements not taken into account in the formulation of Government-wide travel procedures, may by regulation—
(A) authorize the travel of officers and employees of the Agency, and of persons detailed or assigned to the Agency from other agencies of the Government or from the Armed Forces who are engaged in the performance of intelligence functions, and
(B) provide for payment for such travel, in classes of cases, as determined by the Director, in which such travel is important to the performance of intelligence functions.
(4) Members of the Armed Forces may not receive benefits under both this section and title 37 for the same purpose. The Director and Secretary of Defense shall prescribe joint regulations to carry out the preceding sentence.
(5) Regulations, other than regulations under paragraph (1), issued pursuant to this subsection shall be submitted to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate before such regulations take effect.
(June 20, 1949, ch. 227, §4, formerly §5,
References in Text
The Foreign Service Act of 1980, referred to in subsec. (b)(1), is
Codification
In subsec. (a)(3)(B), (C), "this subsection" substituted for "this section" as the probable intent of Congress in view of the designation of the existing provisions of this section as subsec. (a) and the addition of subsec. (b) by
Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter.
Amendments
2003—Subsec. (b)(5).
1994—Subsec. (a)(5)(A).
Subsec. (a)(5)(B).
Subsec. (a)(5)(C).
1981—
1960—
Par. (1)(A).
Par. (1)(D).
Par. (1)(E).
Par. (3)(A).
Par. (3)(B).
Par. (3)(C).
Par. (4).
Effective Date of 1981 Amendment
Amendment by
Clarification of Terms Applied to Furniture, Household Goods, and Personal Effects in 1960 Amendment
Section 301(d) of
[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
Section 301(d) of
Executive Order No. 10100
Ex. Ord. No. 10100, Jan. 28, 1950, 15 F.R. 499, which provided for regulations governing the granting of allowances by the Director of the Central Intelligence Agency under this section, was revoked by section 5(a) of Ex. Ord. No. 10903, Jan. 9, 1961, 26 F.R. 217, set out under
1 So in original. The period probably should be a semicolon.
2 See Codification note below.
§403e–1. Eligibility for incentive awards
(a) Scope of authority with respect to Federal employees and members of Armed Forces
The Director of Central Intelligence may exercise the authority granted in
(b) Time for exercise of authority
The authority granted by subsection (a) of this section may be exercised with respect to Federal employees or members of the Armed Forces detailed or assigned to the Central Intelligence Agency or to the Intelligence Community Staff on or after a date five years before December 9, 1983.
(c) Exercise of authority with respect to members of Armed Forces assigned to foreign intelligence duties
During fiscal year 1987, the Director of Central Intelligence may exercise the authority granted in
(d) Payment and acceptance of award
An award made by the Director of Central Intelligence to an employee or member of the Armed Forces under the authority of
(1)
(2) the death, separation, or retirement of the employee or the member of the Armed Forces whose conduct gave rise to the award, or the assignment of such member to duties other than foreign intelligence duties.
(
Codification
Section was enacted as part of the Intelligence Authorization Act for Fiscal Year 1984, and not as part of the Central Intelligence Agency Act of 1949 which is classified to
Amendments
1986—Subsecs. (c), (d).
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
§403f. General authorities of Agency
(a) In general
In the performance of its functions, the Central Intelligence Agency is authorized to—
(1) Transfer to and receive from other Government agencies such sums as may be approved by the Office of Management and Budget, for the performance of any of the functions or activities authorized under
(2) Exchange funds without regard to section 3651 of the Revised Statutes;
(3) Reimburse other Government agencies for services of personnel assigned to the Agency, and such other Government agencies are authorized, without regard to provisions of law to the contrary, so to assign or detail any officer or employee for duty with the Agency;
(4) Authorize personnel designated by the Director to carry firearms to the extent necessary for the performance of the Agency's authorized functions, except that, within the United States, such authority shall be limited to the purposes of protection of classified materials and information, the training of Agency personnel and other authorized persons in the use of firearms, the protection of Agency installations and property, the protection of current and former Agency personnel and their immediate families, defectors and their immediate families, and other persons in the United States under Agency auspices, and the protection of the Director of National Intelligence and such personnel of the Office of the Director of National Intelligence as the Director of National Intelligence may designate;
(5) Make alterations, improvements, and repairs on premises rented by the Agency, and pay rent therefor;
(6) Determine and fix the minimum and maximum limits of age within which an original appointment may be made to an operational position within the Agency, notwithstanding the provision of any other law, in accordance with such criteria as the Director, in his discretion, may prescribe; and
(7) Notwithstanding
(b) Scope of authority for expenditure
(1) The authority to enter into a multiyear lease under subsection (a)(7) of this section shall be subject to appropriations provided in advance for—
(A) the entire lease; or
(B) the first 12 months of the lease and the Government's estimated termination liability.
(2) In the case of any such lease entered into under subparagraph (B) of paragraph (1)—
(A) such lease shall include a clause that provides that the contract shall be terminated if budget authority (as defined by
(B) notwithstanding
(C) funds available for termination liability shall remain available to satisfy rental obligations with respect to such lease in subsequent fiscal years in the event such lease is not terminated early, but only to the extent those funds are in excess of the amount of termination liability at the time of their use to satisfy such rental obligations; and
(D) funds appropriated for a fiscal year may be used to make payments on such lease, for a maximum of 12 months, beginning any time during such fiscal year.
(c) Transfers for acquisition of land
(1) Sums appropriated or otherwise made available to the Agency for the acquisition of land that are transferred to another department or agency for that purpose shall remain available for 3 years.
(2) The Director shall submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives a report on the transfer of sums described in paragraph (1) each time that authority is exercised.
(June 20, 1949, ch. 227, §5, formerly §6,
References in Text
Section 3651 of the Revised Statutes, referred to in subsec. (a)(2), was classified to section 543 of former Title 31, and was repealed by
Codification
Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter.
Amendments
2010—Subsec. (a)(1).
Subsec. (a)(4).
2003—Subsec. (a)(1).
2002—Subsec. (c)(2).
2000—
1998—Subsec. (a)(1).
Subsec. (a)(4).
1997—
1993—Subsec. (a).
1983—Subsec. (f).
1981—Subsec. (d).
1964—Subsec. (f).
1951—Subsec. (f). Act June 26, 1951, added subsec. (f).
Effective Date of 2000 Amendment
Effective Date of 1997 Amendment
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1964 Amendment
Amendment by
Restriction on Transfer of Funds Available to Central Intelligence Agency for Drug Interdiction and Counter-Drug Activities
Similar provisions were contained in the following prior appropriation acts:
1 So in original. The period probably should not appear.
§403g. Protection of nature of Agency's functions
In the interests of the security of the foreign intelligence activities of the United States and in order further to implement
(June 20, 1949, ch. 227, §6, formerly §7,
References in Text
Act of August 28, 1935, referred to in text, which provided for the yearly publication of the Official Register of the United States, was repealed by
Section 607 of the Act of June 30, 1945, as amended, referred to in text, was repealed by act Sept. 12, 1950, ch. 946, title III, §301(85),
Codification
Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter.
Amendments
2010—
2004—
2003—
1998—
1993—
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
§403h. Admission of essential aliens; limitation on number
Whenever the Director, the Attorney General, and the Commissioner of Immigration and Naturalization shall determine that the admission of a particular alien into the United States for permanent residence is in the interest of national security or essential to the furtherance of the national intelligence mission, such alien and his immediate family shall be admitted to the United States for permanent residence without regard to their inadmissibility under the immigration or any other laws and regulations, or to the failure to comply with such laws and regulations pertaining to admissibility: Provided, That the number of aliens and members of their immediate families admitted to the United States under the authority of this section shall in no case exceed one hundred persons in any one fiscal year.
(June 20, 1949, ch. 227, §7, formerly §8,
Codification
Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter.
Amendments
1996—
Change of Name
Ex. Ord. No. 6166, §14, June 10, 1933, set out as a note under
Effective Date of 1996 Amendment
Amendment by
Transfer of Functions
Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 2 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3173,
Abolition of Immigration and Naturalization Service and Transfer of Functions
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under
§403i. Repealed. Sept. 1, 1954, ch. 1208, title VI, §601(b), 68 Stat. 1115
Section, acts June 20, 1949, ch. 227, §9,
Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter.
§403j. Central Intelligence Agency; appropriations; expenditures
(a) Notwithstanding any other provisions of law, sums made available to the Agency by appropriation or otherwise may be expended for purposes necessary to carry out its functions, including—
(1) personal services, including personal services without regard to limitations on types of persons to be employed, and rent at the seat of government and elsewhere; health-service program as authorized by law (
(2) supplies, equipment, and personnel and contractual services otherwise authorized by law and regulations, when approved by the Director.
(b) The sums made available to the Agency may be expended without regard to the provisions of law and regulations relating to the expenditure of Government funds; and for objects of a confidential, extraordinary, or emergency nature, such expenditures to be accounted for solely on the certificate of the Director and every such certificate shall be deemed a sufficient voucher for the amount therein certified.
(June 20, 1949, ch. 227, §8, formerly §10,
References in Text
The reference to
Codification
In subsec. (a)(1), "(
Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter.
Availability of Appropriations for Construction Projects
Acquisition of Critical Skills
[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
1 See References in Text note below.
§403k. Authority to pay death gratuities
(a)(1) The Director may pay a gratuity to the surviving dependents of any officer or employee of the Agency who dies as a result of injuries (other than from disease) sustained outside the United States and whose death—
(A) resulted from hostile or terrorist activities; or
(B) occurred in connection with an intelligence activity having a substantial element of risk.
(2) The provisions of this subsection shall apply with respect to deaths occurring after June 30, 1974.
(b) Any payment under subsection (a) of this section—
(1) shall be in an amount equal to the amount of the annual salary of the officer or employee concerned at the time of death;
(2) shall be considered a gift and shall be in lieu of payment of any lesser death gratuity authorized by any other Federal law; and
(3) shall be made under the same conditions as apply to payments authorized by
(June 20, 1949, ch. 227, §11, as added
Codification
In subsec. (b)(3), "
Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter.
§403l. Authority to accept gifts, devises and bequests
(a) Use for operational purposes prohibited
Subject to the provisions of this section, the Director may accept, hold, administer, and use gifts of money, securities, or other property whenever the Director determines it would be in the interest of the United States to do so. Any gift accepted under this section (and any income produced by any such gift) may be used only for artistic display or for purposes relating to the general welfare, education, or recreation of employees or dependents of employees of the Agency or for similar purposes, and under no circumstances may such a gift (or any income produced by any such gift) be used for operational purposes. The Director may not accept any gift under this section which is expressly conditioned upon any expenditure not to be met from the gift itself or from income produced by the gift unless such expenditure has been authorized by law.
(b) Sale, exchange and investment of gifts
Unless otherwise restricted by the terms of the gift, the Director may sell or exchange, or invest or reinvest, any property which is accepted under this section, but any such investment may only be in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States.
(c) Deposit of gifts into special fund
There is hereby created on the books of the Treasury of the United States a fund into which gifts of money, securities, and other intangible property accepted under the authority of this section, and the earnings and proceeds thereof, shall be deposited. The assets of such fund shall be disbursed upon the order of the Director for the purposes specified in subsection (a) or (b) of this section.
(d) Taxation of gifts
For purposes of Federal income, estate, and gift taxes, gifts accepted by the Director under this section shall be considered to be to or for the use of the United States.
(e) "Gift" defined
For the purposes of this section, the term "gift" includes a bequest or devise.
(June 20, 1949, ch. 227, §12, as added
Codification
Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter.
§403m. Misuse of Agency name, initials, or seal
(a) Prohibited acts
No person may, except with the written permission of the Director, knowingly use the words "Central Intelligence Agency", the initials "CIA", the seal of the Central Intelligence Agency, or any colorable imitation of such words, initials, or seal in connection with any merchandise, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the Central Intelligence Agency.
(b) Injunction
Whenever it appears to the Attorney General that any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a) of this section, the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought.
(June 20, 1949, ch. 227, §13, as added
Codification
Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter.
Effective Date
Section effective Oct. 1, 1981, see section 806 of
§403n. Special provisions for spouses of Central Intelligence Agency employees applicable to Agency participants in Civil Service Retirement and Disability System
(a) Manner and extent of applicability
The provisions of sections 2002, 2031(b)(1)–(3), 2031(f), 2031(g), 2031(h)(2), 2031(i), 2031(l), 2032, 2033, 2034, 2035, 2052(b), 2071(b), 2071(d), and 2094(b) of this title establishing certain requirements, limitations, rights, entitlements, and benefits relating to retirement annuities, survivor benefits, and lump-sum payments for a spouse or former spouse of an Agency employee who is a participant in the Central Intelligence Agency Retirement and Disability System shall apply in the same manner and to the same extent in the case of an Agency employee who is a participant in the Civil Service Retirement and Disability System.
(b) Regulations
The Director of the Office of Personnel Management, in consultation with the Director of the Central Intelligence Agency, shall prescribe such regulations as may be necessary to implement the provisions of this section.
(June 20, 1949, ch. 227, §14, as added
Codification
Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter.
Amendments
2004—Subsec. (b).
1992—Subsec. (a).
1987—Subsec. (a).
1986—Subsec. (a).
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1986 Amendment
Section 302(d) of
Effective Date
Section effective Nov. 15, 1982, see section 613 of
§403o. Security personnel at Agency installations
(a) Special policemen: functions and powers; regulations: promulgation and enforcement
(1) The Director may authorize Agency personnel within the United States to perform the same functions as officers and agents of the Department of Homeland Security, as provided in
(A) within the Agency Headquarters Compound and the property controlled and occupied by the Federal Highway Administration located immediately adjacent to such Compound;
(B) in the streets, sidewalks, and the open areas within the zone beginning at the outside boundary of such Compound and property and extending outward 500 feet;
(C) within any other Agency installation and protected property; and
(D) in the streets, sidewalks, and open areas within the zone beginning at the outside boundary of any installation or property referred to in subparagraph (C) and extending outward 500 feet.
(2) The performance of functions and exercise of powers under subparagraph (B) or (D) of paragraph (1) shall be limited to those circumstances where such personnel can identify specific and articulable facts giving such personnel reason to believe that the performance of such functions and exercise of such powers is reasonable to protect against physical damage or injury, or threats of physical damage or injury, to Agency installations, property, or employees.
(3) Nothing in this subsection shall be construed to preclude, or limit in any way, the authority of any Federal, State, or local law enforcement agency, or any other Federal police or Federal protective service.
(4) The rules and regulations enforced by such personnel shall be the rules and regulations prescribed by the Director and shall only be applicable to the areas referred to in subparagraph (A) or (C) of paragraph (1).
(b) Penalties for violations of regulations
The Director is authorized to establish penalties for violations of the rules or regulations promulgated by the Director under subsection (a) of this section. Such penalties shall not exceed those specified in
(c) Identification
Agency personnel designated by the Director under subsection (a) of this section shall be clearly identifiable as United States Government security personnel while engaged in the performance of the functions to which subsection (a) of this section refers.
(d) Protection of certain CIA personnel from tort liability
(1) Notwithstanding any other provision of law, any Agency personnel designated by the Director under subsection (a) of this section, or designated by the Director under
(A) protect an individual in the presence of such Agency personnel from a crime of violence;
(B) provide immediate assistance to an individual who has suffered or who is threatened with bodily harm; or
(C) prevent the escape of any individual whom such Agency personnel reasonably believe to have committed a crime of violence in the presence of such Agency personnel.
(2) Paragraph (1) shall not affect the authorities of the Attorney General under
(3) In this subsection, the term "crime of violence" has the meaning given that term in
(June 20, 1949, ch. 227, §15, as added
Codification
Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter.
Provisions of this section were also enacted by the Intelligence Authorization Act for fiscal year 1985,
Amendments
2003—Subsec. (a)(1).
Subsec. (b).
Subsec. (d).
2002—Subsec. (a)(5).
1997—Subsec. (a)(1).
Subsec. (a)(2) to (5).
Designation of Headquarters Compound of Central Intelligence Agency as the George Bush Center for Intelligence
Reference to the headquarters compound of the Central Intelligence Agency deemed to be a reference to the George Bush Center for Intelligence, see section 309 of
§403p. Health benefits for certain former spouses of Central Intelligence Agency employees
(a) Persons eligible
Except as provided in subsection (e) of this section, any individual—
(1) formerly married to an employee or former employee of the Agency, whose marriage was dissolved by divorce or annulment before May 7, 1985;
(2) who, at any time during the eighteen-month period before the divorce or annulment became final, was covered under a health benefits plan as a member of the family of such employee or former employee; and
(3) who was married to such employee for not less than ten years during periods of service by such employee with the Agency, at least five years of which were spent outside the United States by both the employee and the former spouse,
is eligible for coverage under a health benefits plan in accordance with the provisions of this section.
(b) Enrollment for health benefits
(1) Any individual eligible for coverage under subsection (a) of this section may enroll in a health benefits plan for self alone or for self and family if, before the expiration of the six-month period beginning on October 1, 1986, and in accordance with such procedures as the Director of the Office of Personnel Management shall by regulation prescribe, such individual—
(A) files an election for such enrollment; and
(B) arranges to pay currently into the Employees Health Benefits Fund under
(2) The Director of the Central Intelligence Agency shall, as soon as possible, take all steps practicable—
(A) to determine the identity and current address of each former spouse eligible for coverage under subsection (a) of this section; and
(B) to notify each such former spouse of that individual's rights under this section.
(3) The Director of the Office of Personnel Management, upon notification by the Director of the Central Intelligence Agency, shall waive the six-month limitation set forth in paragraph (1) in any case in which the Director of the Central Intelligence Agency determines that the circumstances so warrant.
(c) Eligibility of former wives or husbands
(1) Notwithstanding subsections (a) and (b) of this section and except as provided in subsections (d), (e), and (f) of this section, an individual—
(A) who was divorced on or before December 4, 1991, from a participant or retired participant in the Central Intelligence Agency Retirement and Disability System or the Federal Employees Retirement System Special Category;
(B) who was married to such participant for not less than ten years during the 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 Agency outside the United States, or otherwise in a position the duties of which qualified the participant for designation by the Director as a participant under
(C) who was enrolled in a health benefits plan as a family member at any time during the 18-month period before the date of dissolution of the marriage to such participant;
is eligible for coverage under a health benefits plan.
(2) A former spouse eligible for coverage under paragraph (1) may enroll in a health benefits plan in accordance with subsection (b)(1) of this section, except that the election for such enrollment must be submitted within 60 days after the date on which the Director notifies the former spouse of such individual's eligibility for health insurance coverage under this subsection.
(d) Continuation of eligibility
Notwithstanding subsections (a), (b), and (c) of this section and except as provided in subsections (e) and (f) of this section, an individual divorced on or before December 4, 1991, from a participant or retired participant in the Central Intelligence Agency Retirement and Disability System or Federal Employees' Retirement System Special Category who enrolled in a health benefits plan following the dissolution of the marriage to such participant may continue enrollment following the death of such participant notwithstanding the termination of the retirement annuity of such individual.
(e) Remarriage before age fifty-five; continued enrollment; restored eligibility
(1) Any former spouse who remarries before age fifty-five is not eligible to make an election under subsection (b)(1) of this section.
(2) Any former spouse enrolled in a health benefits plan pursuant to an election under subsection (b)(1) of this section or to subsection (d) of this section may continue the enrollment under the conditions of eligibility which the Director of the Office of Personnel Management shall by regulation prescribe, except that any former spouse who remarries before age fifty-five shall not be eligible for continued enrollment under this section after the end of the thirty-one-day period beginning on the date of remarriage.
(3)(A) A former spouse who is not eligible to enroll or to continue enrollment in a health benefits plan under this section solely because of remarriage before age fifty-five shall be restored to such eligibility on the date such remarriage is dissolved by death, annulment, or divorce.
(B) A former spouse whose eligibility is restored under subparagraph (A) may, under regulations which the Director of the Office of Personnel Management shall prescribe, enroll in a health benefits plan if such former spouse—
(i) was an individual referred to in paragraph (1) and was an individual covered under a benefits plan as a family member at any time during the 18-month period before the date of dissolution of the marriage to the Agency employee or annuitant; or
(ii) was an individual referred to in paragraph (2) and was an individual covered under a benefits plan immediately before the remarriage ended the enrollment.
(f) Enrollment in health benefits plan under other authority
No individual may be covered by a health benefits plan under this section during any period in which such individual is enrolled in a health benefits plan under any other authority, nor may any individual be covered under more than one enrollment under this section.
(g) "Health benefits plan" defined
For purposes of this section the term "health benefits plan" means an approved health benefits plan under
(June 20, 1949, ch. 227, §16, as added
Codification
Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter.
Amendments
2004—Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (c)(1)(B).
1993—Subsec. (a).
Subsecs. (c), (d).
Subsec. (e).
Subsecs. (f), (g).
1991—Subsec. (c)(3).
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
Effective Date of 1993 Amendment
Amendment by section 203(c) of
Effective Date of 1991 Amendment
Section 307(d) of
Effective Date
Section 303(b) of
Compliance With Budget Act
Section 307(e) of
§403q. Inspector General for Agency
(a) Purpose; establishment
In order to—
(1) create an objective and effective office, appropriately accountable to Congress, to initiate and conduct independently inspections, investigations, and audits relating to programs and operations of the Agency;
(2) provide leadership and recommend policies designed to promote economy, efficiency, and effectiveness in the administration of such programs and operations, and detect fraud and abuse in such programs and operations;
(3) provide a means for keeping the Director fully and currently informed about problems and deficiencies relating to the administration of such programs and operations, and the necessity for and the progress of corrective actions; and
(4) in the manner prescribed by this section, ensure that the Senate Select Committee on Intelligence and the House Permanent Select Committee on Intelligence (hereafter in this section referred to collectively as the "intelligence committees") are kept similarly informed of significant problems and deficiencies as well as the necessity for and the progress of corrective actions,
there is hereby established in the Agency an Office of Inspector General (hereafter in this section referred to as the "Office").
(b) Appointment; supervision; removal
(1) There shall be at the head of the Office an Inspector General who shall be appointed by the President, by and with the advice and consent of the Senate. This appointment shall be made without regard to political affiliation and shall be on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigation. Such appointment shall also be made on the basis of compliance with the security standards of the Agency and prior experience in the field of foreign intelligence.
(2) The Inspector General shall report directly to and be under the general supervision of the Director.
(3) The Director may prohibit the Inspector General from initiating, carrying out, or completing any audit, inspection, or investigation, or from issuing any subpoena, after the Inspector General has decided to initiate, carry out, or complete such audit, inspection, or investigation or to issue such subpoena, if the Director determines that such prohibition is necessary to protect vital national security interests of the United States.
(4) If the Director exercises any power under paragraph (3), he shall submit an appropriately classified statement of the reasons for the exercise of such power within seven days to the intelligence committees. The Director shall advise the Inspector General at the time such report is submitted, and, to the extent consistent with the protection of intelligence sources and methods, provide the Inspector General with a copy of any such report. In such cases, the Inspector General may submit such comments to the intelligence committees that he considers appropriate.
(5) In accordance with
(6) The Inspector General may be removed from office only by the President. The President shall communicate in writing to the intelligence committees the reasons for any such removal not later than 30 days prior to the effective date of such removal. Nothing in this paragraph shall be construed to prohibit a personnel action otherwise authorized by law, other than transfer or removal.
(c) Duties and responsibilities
It shall be the duty and responsibility of the Inspector General appointed under this section—
(1) to provide policy direction for, and to plan, conduct, supervise, and coordinate independently, the inspections, investigations, and audits relating to the programs and operations of the Agency to ensure they are conducted efficiently and in accordance with applicable law and regulations;
(2) to keep the Director fully and currently informed concerning violations of law and regulations, fraud and other serious problems, abuses and deficiencies that may occur in such programs and operations, and to report the progress made in implementing corrective action;
(3) to take due regard for the protection of intelligence sources and methods in the preparation of all reports issued by the Office, and, to the extent consistent with the purpose and objective of such reports, take such measures as may be appropriate to minimize the disclosure of intelligence sources and methods described in such reports; and
(4) in the execution of his responsibilities, to comply with generally accepted government auditing standards.
(d) Semiannual reports; immediate reports of serious or flagrant problems; reports of functional problems; reports to Congress on urgent concerns
(1) The Inspector General shall, not later than January 31 and July 31 of each year, prepare and submit to the Director a classified semiannual report summarizing the activities of the Office during the immediately preceding six-month periods ending December 31 (of the preceding year) and June 30, respectively. Not later than the dates each year provided for the transmittal of such reports in section 507 of the National Security Act of 1947 [
(A) a description of significant problems, abuses, and deficiencies relating to the administration of programs and operations of the Agency identified by the Office during the reporting period;
(B) a description of the recommendations for corrective action made by the Office during the reporting period with respect to significant problems, abuses, or deficiencies identified in subparagraph (A);
(C) a statement of whether corrective action has been completed on each significant recommendation described in previous semiannual reports, and, in a case where corrective action has been completed, a description of such corrective action;
(D) a certification that the Inspector General has had full and direct access to all information relevant to the performance of his functions;
(E) a description of the exercise of the subpoena authority under subsection (e)(5) of this section by the Inspector General during the reporting period; and
(F) such recommendations as the Inspector General may wish to make concerning legislation to promote economy and efficiency in the administration of programs and operations undertaken by the Agency, and to detect and eliminate fraud and abuse in such programs and operations.
(2) The Inspector General shall report immediately to the Director whenever he becomes aware of particularly serious or flagrant problems, abuses, or deficiencies relating to the administration of programs or operations. The Director shall transmit such report to the intelligence committees within seven calendar days, together with any comments he considers appropriate.
(3) In the event that—
(A) the Inspector General is unable to resolve any differences with the Director affecting the execution of the Inspector General's duties or responsibilities;
(B) an investigation, inspection, or audit carried out by the Inspector General should focus on any current or former Agency official who—
(i) holds or held a position in the Agency that is subject to appointment by the President, by and with the advice and consent of the Senate, including such a position held on an acting basis; or
(ii) holds or held the position in the Agency, including such a position held on an acting basis, of—
(I) Deputy Director;
(II) Associate Deputy Director;
(III) Director of the National Clandestine Service;
(IV) Director of Intelligence;
(V) Director of Support; or
(VI) Director of Science and Technology.
(C) a matter requires a report by the Inspector General to the Department of Justice on possible criminal conduct by a current or former Agency official described or referred to in subparagraph (B);
(D) the Inspector General receives notice from the Department of Justice declining or approving prosecution of possible criminal conduct of any of the officials described in subparagraph (B); or
(E) the Inspector General, after exhausting all possible alternatives, is unable to obtain significant documentary information in the course of an investigation, inspection, or audit,
the Inspector General shall immediately notify and submit a report on such matter to the intelligence committees.
(4) Pursuant to Title V of the National Security Act of 1947 [
(5)(A) An employee of the Agency, or of a contractor to the Agency, who intends to report to Congress a complaint or information with respect to an urgent concern may report such complaint or information to the Inspector General.
(B) Not later than the end of the 14-calendar day period beginning on the date of receipt from an employee of a complaint or information under subparagraph (A), the Inspector General shall determine whether the complaint or information appears credible. Upon making such a determination, the Inspector General shall transmit to the Director notice of that determination, together with the complaint or information.
(C) Upon receipt of a transmittal from the Inspector General under subparagraph (B), the Director shall, within 7 calendar days of such receipt, forward such transmittal to the intelligence committees, together with any comments the Director considers appropriate.
(D)(i) If the Inspector General does not find credible under subparagraph (B) a complaint or information submitted under subparagraph (A), or does not transmit the complaint or information to the Director in accurate form under subparagraph (B), the employee (subject to clause (ii)) may submit the complaint or information to Congress by contacting either or both of the intelligence committees directly.
(ii) The employee may contact the intelligence committees directly as described in clause (i) only if the employee—
(I) before making such a contact, furnishes to the Director, through the Inspector General, a statement of the employee's complaint or information and notice of the employee's intent to contact the intelligence committees directly; and
(II) obtains and follows from the Director, through the Inspector General, direction on how to contact the intelligence committees in accordance with appropriate security practices.
(iii) A member or employee of one of the intelligence committees who receives a complaint or information under clause (i) does so in that member or employee's official capacity as a member or employee of that committee.
(E) The Inspector General shall notify an employee who reports a complaint or information to the Inspector General under this paragraph of each action taken under this paragraph with respect to the complaint or information. Such notice shall be provided not later than 3 days after any such action is taken.
(F) An action taken by the Director or the Inspector General under this paragraph shall not be subject to judicial review.
(G) In this paragraph:
(i) The term "urgent concern" means any of the following:
(I) A serious or flagrant problem, abuse, violation of law or Executive order, or deficiency relating to the funding, administration, or operations of an intelligence activity involving classified information, but does not include differences of opinions concerning public policy matters.
(II) A false statement to Congress, or a willful withholding from Congress, on an issue of material fact relating to the funding, administration, or operation of an intelligence activity.
(III) An action, including a personnel action described in
(ii) The term "intelligence committees" means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(e) Authorities of Inspector General
(1) The Inspector General shall have direct and prompt access to the Director when necessary for any purpose pertaining to the performance of his duties.
(2) The Inspector General shall have access to any employee or any employee of a contractor of the Agency whose testimony is needed for the performance of his duties. In addition, he shall have direct access to all records, reports, audits, reviews, documents, papers, recommendations, or other material which relate to the programs and operations with respect to which the Inspector General has responsibilities under this section. Failure on the part of any employee or contractor to cooperate with the Inspector General shall be grounds for appropriate administrative actions by the Director, to include loss of employment or the termination of an existing contractual relationship.
(3) The Inspector General is authorized to receive and investigate complaints or information from any person concerning the existence of an activity constituting a violation of laws, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to the public health and safety. Once such complaint or information has been received from an employee of the Agency—
(A) the Inspector General shall not disclose the identity of the employee without the consent of the employee, unless the Inspector General determines that such disclosure is unavoidable during the course of the investigation or the disclosure is made to an official of the Department of Justice responsible for determining whether a prosecution should be undertaken; and
(B) no action constituting a reprisal, or threat of reprisal, for making such complaint or providing such information may be taken by any employee of the Agency in a position to take such actions, unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.
(4) The Inspector General shall have authority to administer to or take from any person an oath, affirmation, or affidavit, whenever necessary in the performance of his duties, which oath 1 affirmation, or affidavit when administered or taken by or before an employee of the Office designated by the Inspector General shall have the same force and effect as if administered or taken by or before an officer having a seal.
(5)(A) Except as provided in subparagraph (B), the Inspector General is authorized to require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data in any medium (including electronically stored information or any tangible thing) and documentary evidence necessary in the performance of the duties and responsibilities of the Inspector General.
(B) In the case of Government agencies, the Inspector General shall obtain information, documents, reports, answers, records, accounts, papers, and other data and evidence for the purpose specified in subparagraph (A) using procedures other than by subpoenas.
(C) The Inspector General may not issue a subpoena for or on behalf of any other element or component of the Agency.
(D) In the case of contumacy or refusal to obey a subpoena issued under this paragraph, the subpoena shall be enforceable by order of any appropriate district court of the United States.
(6) The Inspector General shall be provided with appropriate and adequate office space at central and field office locations, together with such equipment, office supplies, maintenance services, and communications facilities and services as may be necessary for the operation of such offices.
(7) Subject to applicable law and the policies of the Director, the Inspector General shall select, appoint and employ such officers and employees as may be necessary to carry out his functions. In making such selections, the Inspector General shall ensure that such officers and employees have the requisite training and experience to enable him to carry out his duties effectively. In this regard, the Inspector General shall create within his organization a career cadre of sufficient size to provide appropriate continuity and objectivity needed for the effective performance of his duties.
(8)(A) The Inspector General shall—
(i) appoint a Counsel to the Inspector General who shall report to the Inspector General; or
(ii) obtain the services of a counsel appointed by and directly reporting to another Inspector General or the Council of the Inspectors General on Integrity and Efficiency on a reimbursable basis.
(B) The counsel appointed or obtained under subparagraph (A) shall perform such functions as the Inspector General may prescribe.
(9) The Inspector General may request such information or assistance as may be necessary for carrying out his duties and responsibilities from any Government agency. Upon request of the Inspector General for such information or assistance, the head of the Government agency involved shall, insofar as is practicable and not in contravention of any existing statutory restriction or regulation of the Government agency concerned, furnish to the Inspector General, or to an authorized designee, such information or assistance. Consistent with budgetary and personnel resources allocated by the Director, the Inspector General has final approval of—
(A) the selection of internal and external candidates for employment with the Office of Inspector General; and
(B) all other personnel decisions concerning personnel permanently assigned to the Office of Inspector General, including selection and appointment to the Senior Intelligence Service, but excluding all security-based determinations that are not within the authority of a head of other Central Intelligence Agency offices.
(f) Separate budget account
(1) Beginning with fiscal year 1991, and in accordance with procedures to be issued by the Director of National Intelligence in consultation with the intelligence committees, the Director of National Intelligence shall include in the National Intelligence Program budget a separate account for the Office of Inspector General established pursuant to this section.
(2) For each fiscal year, the Inspector General shall transmit a budget estimate and request through the Director to the Director of National Intelligence that specifies for such fiscal year—
(A) the aggregate amount requested for the operations of the Inspector General;
(B) the amount requested for all training requirements of the Inspector General, including a certification from the Inspector General that the amount requested is sufficient to fund all training requirements for the Office; and
(C) the amount requested to support the Council of the Inspectors General on Integrity and Efficiency, including a justification for such amount.
(3) In transmitting a proposed budget to the President for a fiscal year, the Director of National Intelligence shall include for such fiscal year—
(A) the aggregate amount requested for the Inspector General of the Central Intelligence Agency;
(B) the amount requested for Inspector General training;
(C) the amount requested to support the Council of the Inspectors General on Integrity and Efficiency; and
(D) the comments of the Inspector General, if any, with respect to such proposed budget.
(4) The Director of National Intelligence shall submit to the Committee on Appropriations and the Select Committee on Intelligence of the Senate and the Committee on Appropriations and the Permanent Select Committee on Intelligence of the House of Representatives for each fiscal year—
(A) a separate statement of the budget estimate transmitted pursuant to paragraph (2);
(B) the amount requested by the Director of National Intelligence for the Inspector General pursuant to paragraph (3)(A);
(C) the amount requested by the Director of National Intelligence for training of personnel of the Office of the Inspector General pursuant to paragraph (3)(B);
(D) the amount requested by the Director of National Intelligence for support for the Council of the Inspectors General on Integrity and Efficiency pursuant to paragraph (3)(C); and
(E) the comments of the Inspector General under paragraph (3)(D), if any, on the amounts requested pursuant to paragraph (3), including whether such amounts would substantially inhibit the Inspector General from performing the duties of the Office.
(g) Transfer
There shall be transferred to the Office the office of the Agency referred to as the "Office of Inspector General." The personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, or available to such "Office of Inspector General" are hereby transferred to the Office established pursuant to this section.
(June 20, 1949, ch. 227, §17, as added
References in Text
The National Security Act of 1947, referred to in subsec. (d)(4), is act July 26, 1947, ch. 343,
Codification
Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter.
Amendments
2010—Subsec. (b)(1).
Subsec. (b)(6).
Subsec. (d)(1).
Subsec. (d)(3)(B)(i).
Subsec. (d)(3)(B)(ii).
"(I) Executive Director;
"(II) Deputy Director for Operations;
"(III) Deputy Director for Intelligence;
"(IV) Deputy Director for Administration; or
"(V) Deputy Director for Science and Technology;".
Subsec. (e)(3)(B).
Subsec. (e)(5)(A).
Subsec. (e)(8).
Subsec. (e)(9).
"(A) the selection of internal and external candidates for employment with the Office of Inspector General; and
"(B) all other personnel decisions concerning personnel permanently assigned to the Office of Inspector General, including selection and appointment to the Senior Intelligence Service, but excluding all security-based determinations that are not within the authority of a head of other Central Intelligence Agency offices."
Subsec. (f).
2004—Subsec. (d)(1).
Subsec. (f).
2002—Subsec. (d)(1).
2001—Subsec. (d)(5)(B).
Subsec. (d)(5)(D)(i).
2000—Subsec. (d)(1)(E).
Subsec. (d)(3).
"(B) an investigation, inspection, or audit carried out by the Inspector General should focus upon the Director or Acting Director; or
"(C) the Inspector General, after exhausting all possible alternatives, is unable to obtain significant documentary information in the course of an investigation, inspection, or audit, the Inspector General shall immediately report such matter to the intelligence committees."
Subsec. (e)(5)(E).
Subsec. (e)(8).
1998—Subsec. (d).
1997—Subsec. (b)(3).
Subsec. (e)(5) to (8).
1996—Subsec. (b)(5).
Subsec. (e)(3)(A).
1994—Subsec. (b)(1).
Subsec. (c)(1).
Subsec. (d)(1).
Subsec. (d)(3)(C).
Subsec. (d)(4).
Subsec. (e)(6).
1992—Subsec. (e)(3).
1989—
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
Construction of 2010 Amendment
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 the 4th item on page 156, relating to the transmittal of semiannual reports to the intelligence committees, identifies a reporting provision which, as subsequently amended, is contained in subsec. (d)(1) of this section), see section 3003 of
1 So in original. Probably should be followed by a comma.
§403r. Special annuity computation rules for certain employees' service abroad
(a) Officers and employees to whom rules apply
Notwithstanding any provision of
(b) Computation rules
(1) The portion of the annuity relating to such service abroad that is actually performed at any time during the officer's or employee's first ten years of total service shall be computed at the rate and using the percent of average pay specified in
(2) The portion of the annuity relating to service abroad as described in subsection (a) of this section but that is actually performed at any time after the officer's or employee's first ten years of total service shall be computed as provided in
(3) The portion of the annuity relating to other service by an officer or employee as described in subsection (a) of this section shall be computed as provided in the provisions of
(4) For purposes of this subsection, the term "total service" has the meaning given such term under
(c) Annuities deemed annuities under section 8339 of title 5
For purposes of subsections (f) through (m) of
(d) Officers and employees entitled to greater annuities under section 8339 of title 5
The provisions of subsection (a) of this section shall not apply to an officer or employee of the Central Intelligence Agency who would otherwise be entitled to a greater annuity computed under an otherwise applicable subsection of
(June 20, 1949, ch. 227, §18, as added
References in Text
Subsection (o) of
Codification
Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter.
Amendments
1992—Subsec. (a).
Effective Date of 1992 Amendment
Amendment by
1 See References in Text note below.
§403r–1. Portability of overseas service retirement benefit
The special accrual rates provided by
(
Codification
Section was enacted as part of the Intelligence Authorization Act, Fiscal Year 1990, and not as part of the Central Intelligence Agency Act of 1949 which is classified to
Amendments
1993—
§403s. Special rules for disability retirement and death-in-service benefits with respect to certain employees
(a) Officers and employees to whom section 2051 rules apply
Notwithstanding any other provision of law, an officer or employee of the Central Intelligence Agency subject to retirement system coverage under subchapter III of
(1) has five years of civilian service credit toward retirement under such subchapter III of
(2) has not been designated under
(3) has become disabled during a period of assignment to the performance of duties that are qualifying toward such designation under such
(4) satisfies the requirements for disability retirement under
shall, upon his own application or upon order of the Director, be retired on an annuity computed in accordance with the rules prescribed in
(b) Survivors of officers and employees to whom section 2052 rules apply
Notwithstanding any other provision of law, in the case of an officer or employee of the Central Intelligence Agency subject to retirement system coverage under subchapter III of
(1) has at least eighteen months of civilian service credit toward retirement under such subchapter III of
(2) has not been designated under
(3) prior to separation or retirement from the Agency, dies during a period of assignment to the performance of duties that are qualifying toward such designation under such
(4) is survived by a surviving spouse, former spouse, or child as defined in
such surviving spouse, former spouse, or child of such officer or employee shall be entitled to an annuity computed in accordance with
(c) Annuities under this section deemed annuities under chapter 83 of title 5
The annuities provided under subsections (a) and (b) of this section shall be deemed to be annuities under
(June 20, 1949, ch. 227, §19, as added
Codification
Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter.
Amendments
1993—Subsec. (b).
Subsec. (b)(2).
1992—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Effective Date of 1992 Amendment
Amendment by
1 So in original. The comma probably should not appear.
§403t. General Counsel of Central Intelligence Agency
(a) Appointment
There is a General Counsel of the Central Intelligence Agency, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(b) Chief legal officer
The General Counsel is the chief legal officer of the Central Intelligence Agency.
(c) Functions
The General Counsel of the Central Intelligence Agency shall perform such functions as the Director may prescribe.
(June 20, 1949, ch. 227, §20, as added
Codification
Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter.
Amendments
2004—Subsec. (c).
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
Applicability of Appointment Requirements
Section 813(b) of
"(1) To any vacancy in such position that occurs after the date of the enactment of this Act [Oct. 11, 1996].
"(2) To the incumbent serving in such position on the date of the enactment of this Act as of the date that is six months after such date of enactment, if such incumbent has served in such position continuously between such date of enactment and the date that is six months after such date of enactment."
§403u. Central services program
(a) In general
The Director may carry out a program under which elements of the Agency provide items and services on a reimbursable basis to other elements of the Agency, nonappropriated fund entities or instrumentalities associated or affiliated with the Agency, and other Government agencies. The Director shall carry out the program in accordance with the provisions of this section.
(b) Participation of Agency elements
(1) In order to carry out the program, the Director shall—
(A) designate the elements of the Agency that are to provide items or services under the program (in this section referred to as "central service providers");
(B) specify the items or services to be provided under the program by such providers; and
(C) assign to such providers for purposes of the program such inventories, equipment, and other assets (including equipment on order) as the Director determines necessary to permit such providers to provide items or services under the program.
(2) The designation of elements and the specification of items and services under paragraph (1) shall be subject to the approval of the Director of the Office of Management and Budget.
(c) Central Services Working Capital Fund
(1) There is established a fund to be known as the Central Services Working Capital Fund (in this section referred to as the "Fund"). The purpose of the Fund is to provide sums for activities under the program.
(2) There shall be deposited in the Fund the following:
(A) Amounts appropriated to the Fund.
(B) Amounts credited to the Fund from payments received by central service providers under subsection (e) of this section.
(C) Fees imposed and collected under subsection (f)(1) of this section.
(D) Amounts received in payment for loss or damage to equipment or property of a central service provider as a result of activities under the program.
(E) Other receipts from the sale or exchange of equipment or property of a central service provider as a result of activities under the program.
(F) Receipts from individuals in reimbursement for utility services and meals provided under the program.
(G) Receipts from individuals for the rental of property and equipment under the program.
(H) Such other amounts as the Director is authorized to deposit in or transfer to the Fund.
(3) Amounts in the Fund shall be available, without fiscal year limitation, for the following purposes:
(A) To pay the costs of providing items or services under the program.
(B) To pay the costs of carrying out activities under subsection (f)(2) of this section.
(d) Limitation on amount of orders
The total value of all orders for items or services to be provided under the program in any fiscal year may not exceed an amount specified in advance by the Director of the Office of Management and Budget.
(e) Payment for items and services
(1) A Government agency provided items or services under the program shall pay the central service provider concerned for such items or services an amount equal to the costs incurred by the provider in providing such items or services plus any fee imposed under subsection (f) of this section. In calculating such costs, the Director shall take into account personnel costs (including costs associated with salaries, annual leave, and workers' compensation), plant and equipment costs (including depreciation of plant and equipment other than structures owned by the Agency), operation and maintenance expenses, amortized costs, and other expenses.
(2) Payment for items or services under paragraph (1) may take the form of an advanced payment by an agency from appropriations available to such agency for the procurement of such items or services.
(f) Fees
(1) The Director may permit a central service provider to impose and collect a fee with respect to the provision of an item or service under the program. The amount of the fee may not exceed an amount equal to four percent of the payment received by the provider for the item or service.
(2) The Director may obligate and expend amounts in the Fund that are attributable to the fees imposed and collected under paragraph (1) to acquire equipment or systems for, or to improve the equipment or systems of, central service providers and any elements of the Agency that are not designated for participation in the program in order to facilitate the designation of such elements for future participation in the program.
(g) Termination
(1) Subject to paragraph (2), the Director of the Central Intelligence Agency and the Director of the Office of Management and Budget, acting jointly—
(A) may terminate the program under this section and the Fund at any time; and
(B) upon such termination, shall provide for the disposition of the personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with the program or the Fund.
(2) The Director of the Central Intelligence Agency and the Director of the Office of Management and Budget may not undertake any action under paragraph (1) until 60 days after the date on which the Directors jointly submit notice of such action to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(June 20, 1949, ch. 227, §21, as added
Codification
Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter.
Amendments
2004—Subsec. (g)(1).
Subsec. (g)(2).
2003—Subsec. (f)(2).
"(i) secures the prior approval of the Director of the Office of Management and Budget; and
"(ii) submits notice of the proposed expenditure to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate."
2002—Subsecs. (g), (h).
2001—Subsec. (g)(1).
Subsec. (h).
2000—Subsec. (c)(2)(F) to (H).
Subsec. (e)(1).
Subsec. (g)(2).
1999—Subsec. (a).
Subsec. (c)(2)(D).
Subsec. (c)(2)(E), (F).
Subsec. (f)(2)(A).
Subsec. (h)(1).
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
Availability of Funds Credited to Central Services Working Capital Fund
Similar provisions were contained in the following prior appropriation acts:
§403v. Detail of employees
The Director may—
(1) detail any personnel of the Agency on a reimbursable basis indefinitely to the National Reconnaissance Office without regard to any limitation under law on the duration of details of Federal Government personnel; and
(2) hire personnel for the purpose of any detail under paragraph (1).
(June 20, 1949, ch. 227, §22, as added
Codification
Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter.
§403w. Intelligence operations and cover enhancement authority
(a) Definitions
In this section—
(1) the term "designated employee" means an employee designated by the Director of the Central Intelligence Agency under subsection (b) of this section; and
(2) the term "Federal retirement system" includes the Central Intelligence Agency Retirement and Disability System, and the Federal Employees' Retirement System (including the Thrift Savings Plan).
(b) In general
(1) Authority
Notwithstanding any other provision of law, the Director of the Central Intelligence Agency may exercise the authorities under this section in order to—
(A) protect from unauthorized disclosure—
(i) intelligence operations;
(ii) the identities of undercover intelligence officers;
(iii) intelligence sources and methods; or
(iv) intelligence cover mechanisms; or
(B) meet the special requirements of work related to collection of foreign intelligence or other authorized activities of the Agency.
(2) Designation of employees
The Director of the Central Intelligence Agency may designate any employee of the Agency who is under nonofficial cover to be an employee to whom this section applies. Such designation may be made with respect to any or all authorities exercised under this section.
(c) Compensation
The Director of the Central Intelligence Agency may pay a designated employee salary, allowances, and other benefits in an amount and in a manner consistent with the nonofficial cover of that employee, without regard to any limitation that is otherwise applicable to a Federal employee. A designated employee may accept, utilize, and, to the extent authorized by regulations prescribed under subsection (i) of this section, retain any salary, allowances, and other benefits provided under this section.
(d) Retirement benefits
(1) In general
The Director of the Central Intelligence Agency may establish and administer a nonofficial cover employee retirement system for designated employees (and the spouse, former spouses, and survivors of such designated employees). A designated employee may not participate in the retirement system established under this paragraph and another Federal retirement system at the same time.
(2) Conversion to other Federal retirement system
(A) In general
A designated employee participating in the retirement system established under paragraph (1) may convert to coverage under the Federal retirement system which would otherwise apply to that employee at any appropriate time determined by the Director of the Central Intelligence Agency (including at the time of separation of service by reason of retirement), if the Director of the Central Intelligence Agency determines that the employee's participation in the retirement system established under this subsection is no longer necessary to protect from unauthorized disclosure—
(i) intelligence operations;
(ii) the identities of undercover intelligence officers;
(iii) intelligence sources and methods; or
(iv) intelligence cover mechanisms.
(B) Conversion treatment
Upon a conversion under this paragraph—
(i) all periods of service under the retirement system established under this subsection shall be deemed periods of creditable service under the applicable Federal retirement system;
(ii) the Director of the Central Intelligence Agency shall transmit an amount for deposit in any applicable fund of that Federal retirement system that—
(I) is necessary to cover all employee and agency contributions including—
(aa) interest as determined by the head of the agency administering the Federal retirement system into which the employee is converting; or
(bb) in the case of an employee converting into the Federal Employees' Retirement System, interest as determined under
(II) ensures that such conversion does not result in any unfunded liability to that fund; and
(iii) in the case of a designated employee who participated in an employee investment retirement system established under paragraph (1) and is converted to coverage under subchapter III of
(C) Transmitted amounts
(i) In general
Amounts described under subparagraph (B)(ii) shall be paid from the fund or appropriation used to pay the designated employee.
(ii) Offset
The Director of the Central Intelligence Agency may use amounts contributed by the designated employee to a retirement system established under paragraph (1) to offset amounts paid under clause (i).
(D) Records
The Director of the Central Intelligence Agency shall transmit all necessary records relating to a designated employee who converts to a Federal retirement system under this paragraph (including records relating to periods of service which are deemed to be periods of creditable service under subparagraph (B)) to the head of the agency administering that Federal retirement system.
(e) Health insurance benefits
(1) In general
The Director of the Central Intelligence Agency may establish and administer a nonofficial cover employee health insurance program for designated employees (and the family of such designated employees). A designated employee may not participate in the health insurance program established under this paragraph and the program under
(2) Conversion to Federal employees health benefits program
(A) In general
A designated employee participating in the health insurance program established under paragraph (1) may convert to coverage under the program under
(i) intelligence operations;
(ii) the identities of undercover intelligence officers;
(iii) intelligence sources and methods; or
(iv) intelligence cover mechanisms.
(B) Conversion treatment
Upon a conversion under this paragraph—
(i) the employee (and family, if applicable) shall be entitled to immediate enrollment and coverage under
(ii) any requirement of prior enrollment in a health benefits plan under
(iii) the employee shall be deemed to have had coverage under
(iv) the Director of the Central Intelligence Agency shall transmit an amount for deposit in the Employees' Health Benefits Fund that is necessary to cover any costs of such conversion.
(C) Transmitted amounts
Any amount described under subparagraph (B)(iv) shall be paid from the fund or appropriation used to pay the designated employee.
(f) Life insurance benefits
(1) In general
The Director of the Central Intelligence Agency may establish and administer a nonofficial cover employee life insurance program for designated employees (and the family of such designated employees). A designated employee may not participate in the life insurance program established under this paragraph and the program under
(2) Conversion to Federal employees group life insurance program
(A) In general
A designated employee participating in the life insurance program established under paragraph (1) may convert to coverage under the program under
(i) intelligence operations;
(ii) the identities of undercover intelligence officers;
(iii) intelligence sources and methods; or
(iv) intelligence cover mechanisms.
(B) Conversion treatment
Upon a conversion under this paragraph—
(i) the employee (and family, if applicable) shall be entitled to immediate coverage under
(ii) any requirement of prior enrollment in a life insurance program under
(iii) the employee shall be deemed to have had coverage under
(iv) the Director of the Central Intelligence Agency shall transmit an amount for deposit in the Employees' Life Insurance Fund that is necessary to cover any costs of such conversion.
(C) Transmitted amounts
Any amount described under subparagraph (B)(iv) shall be paid from the fund or appropriation used to pay the designated employee.
(g) Exemption from certain requirements
The Director of the Central Intelligence Agency may exempt a designated employee from mandatory compliance with any Federal regulation, rule, standardized administrative policy, process, or procedure that the Director of the Central Intelligence Agency determines—
(1) would be inconsistent with the nonofficial cover of that employee; and
(2) could expose that employee to detection as a Federal employee.
(h) Taxation and social security
(1) In general
Notwithstanding any other provision of law, a designated employee—
(A) shall file a Federal or State tax return as if that employee is not a Federal employee and may claim and receive the benefit of any exclusion, deduction, tax credit, or other tax treatment that would otherwise apply if that employee was not a Federal employee, if the Director of the Central Intelligence Agency determines that taking any action under this paragraph is necessary to—
(i) protect from unauthorized disclosure—
(I) intelligence operations;
(II) the identities of undercover intelligence officers;
(III) intelligence sources and methods; or
(IV) intelligence cover mechanisms; and
(ii) meet the special requirements of work related to collection of foreign intelligence or other authorized activities of the Agency; and
(B) shall receive social security benefits based on the social security contributions made.
(2) Internal Revenue Service review
The Director of the Central Intelligence Agency shall establish procedures to carry out this subsection. The procedures shall be subject to periodic review by the Internal Revenue Service.
(i) Regulations
The Director of the Central Intelligence Agency shall prescribe regulations to carry out this section. The regulations shall ensure that the combination of salary, allowances, and benefits that an employee designated under this section may retain does not significantly exceed, except to the extent determined by the Director of the Central Intelligence Agency to be necessary to exercise the authority in subsection (b) of this section, the combination of salary, allowances, and benefits otherwise received by Federal employees not designated under this section.
(j) Finality of decisions
Any determinations authorized by this section to be made by the Director of the Central Intelligence Agency or the Director's designee shall be final and conclusive and shall not be subject to review by any court.
(k) Subsequently enacted laws
No law enacted after the effective date of this section shall affect the authorities and provisions of this section unless such law specifically refers to this section.
(June 20, 1949, ch. 227, §23, as added
References in Text
The effective date of this section, referred to in subsec. (k), is the date of enactment of
Codification
Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter.
§403x. Separation pay program for voluntary separation from service
(a) Definitions
For purposes of this section—
(1) the term "Director" means the Director of the Central Intelligence Agency; 1
(2) the term "employee" means an employee of the Central Intelligence Agency, serving under an appointment without time limitation, who has been currently employed for a continuous period of at least 12 months, except that such term does not include—
(A) a reemployed annuitant under subchapter III of
(B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under any of the retirement systems referred to in subparagraph (A).
(b) Establishment of program
In order to avoid or minimize the need for involuntary separations due to downsizing, reorganization, transfer of function, or other similar action, the Director may establish a program under which employees may be offered separation pay to separate from service voluntarily (whether by retirement or resignation). An employee who receives separation pay under such program may not be reemployed by the Central Intelligence Agency for the 12-month period beginning on the effective date of the employee's separation. An employee who receives separation pay under this section on the basis of a separation occurring on or after March 30, 1994, and accepts employment with the Government of the United States within 5 years after the date of the separation on which payment of the separation pay is based shall be required to repay the entire amount of the separation pay to the Central Intelligence Agency. If the employment is with an Executive agency (as defined by
(c) Bar on certain employment
(1) Bar
An employee may not be separated from service under this section unless the employee agrees that the employee will not—
(A) act as agent or attorney for, or otherwise represent, any other person (except the United States) in any formal or informal appearance before, or, with the intent to influence, make any oral or written communication on behalf of any other person (except the United States) to the Central Intelligence Agency; or
(B) participate in any manner in the award, modification, extension, or performance of any contract for property or services with the Central Intelligence Agency,
during the 12-month period beginning on the effective date of the employee's separation from service.
(2) Penalty
An employee who violates an agreement under this subsection shall be liable to the United States in the amount of the separation pay paid to the employee pursuant to this section times the proportion of the 12-month period during which the employee was in violation of the agreement.
(d) Limitations
Under this program, separation pay may be offered only—
(1) with the prior approval of the Director; and
(2) to employees within such occupational groups or geographic locations, or subject to such other similar limitations or conditions, as the Director may require.
(e) Amount and treatment for other purposes
Such separation pay—
(1) shall be paid in a lump sum;
(2) shall be equal to the lesser of—
(A) an amount equal to the amount the employee would be entitled to receive under
(B) $25,000;
(3) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and
(4) shall not be taken into account for the purpose of determining the amount of any severance pay to which an individual may be entitled under
(f) Regulations
The Director shall prescribe such regulations as may be necessary to carry out this section.
(g) Reporting requirements
(1) Offering notification
The Director may not make an offering of voluntary separation pay pursuant to this section until 30 days after submitting to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a report describing the occupational groups or geographic locations, or other similar limitations or conditions, required by the Director under subsection (d) of this section.
(2) Annual report
At the end of each of the fiscal years 1993 through 1997, the Director shall submit to the President and the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a report on the effectiveness and costs of carrying out this section.
(
Codification
Section was formerly set out as a note under
Section was enacted as part of the Central Intelligence Agency Voluntary Separation Pay Act, and not as part of the Central Intelligence Agency Act of 1949 which is classified to
Amendments
2004—Subsec. (a)(1).
Subsecs. (f) to (h).
Subsec. (i).
2002—Subsec. (f).
Subsec. (i).
2001—Subsec. (f).
Subsec. (i).
1999—Subsec. (f).
Subsec. (i).
1996—Subsec. (f).
Subsec. (i).
1994—Subsec. (b).
Effective Date of 2004 Amendment
Amendment by
1 So in original. Probably should be followed by "and".
§404. Emergency preparedness
(a) Employment of personnel
The Administrator of the Federal Emergency Management Agency, subject to the direction of the President, is authorized, subject to the civil-service laws and
(b) Functions
It shall be the function of the Administrator of the Federal Emergency Management Agency to advise the President concerning the coordination of military, industrial, and civilian mobilization, including—
(1) policies concerning industrial and civilian mobilization in order to assure the most effective mobilization and maximum utilization of the Nation's manpower in the event of war;
(2) programs for the effective use in time of war of the Nation's natural and industrial resources for military and civilian needs, for the maintenance and stabilization of the civilian economy in time of war, and for the adjustment of such economy to war needs and conditions;
(3) policies for unifying, in time of war, the activities of Federal agencies and departments engaged in or concerned with production, procurement, distribution, or transportation of military or civilian supplies, materials, and products;
(4) the relationship between potential supplies of, and potential requirements for, manpower, resources, and productive facilities in time of war;
(5) policies for establishing adequate reserves of strategic and critical material, and for the conservation of these reserves;
(6) the strategic relocation of industries, services, government, and economic activities, the continuous operation of which is essential to the Nation's security.
(c) Utilization of Government resources and facilities
In performing his functions, the Administrator of the Federal Emergency Management Agency shall utilize to the maximum extent the facilities and resources of the departments and agencies of the Government.
(July 26, 1947, ch. 343, title I, §107, formerly §103,
Codification
In subsec. (a), "
Amendments
1954—Act Sept. 3, 1954, struck out subsec. (a) relating to establishment of National Security Resources Board, and redesignated subsecs. (b) to (d) as subsecs. (a) to (c), respectively.
1949—Subsec. (b). Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923".
Repeals
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by
Transfer of Functions
"Administrator of the Federal Emergency Management Agency" substituted for "Chairman of the Board" in subsec. (a), and for "Board" in subsecs. (b) and (c), on authority of the following:
"Chairman of the Board", meaning Chairman of National Security Resources Board, substituted in subsecs. (b) and (c) for "Board", meaning National Security Resources Board, on authority of section 1 of Reorg. Plan No. 25 of 1950, set out below.
"Director of the Office of Defense Mobilization" substituted in text for "Chairman of Board" meaning National Security Resources Board, pursuant to Reorg. Plan No. 3 of 1953, §§1(a), 2(a), and 6, eff. June 12, 1953, 18 F.R. 3375,
Office of Defense Mobilization and Federal Civil Defense Administration consolidated to form Office of Emergency Planning, an agency within Executive Office of President, by section 2 of Reorg. Plan No. 1 of 1958, eff. July 1, 1958, 23 F.R. 4991,
Office of Emergency Planning changed to Office of Emergency Preparedness pursuant to section 402 of
Office of Emergency Preparedness, including offices of Director, Deputy Director, Assistant Directors, and Regional Directors, abolished and functions vested by law in Office of Emergency Preparedness transferred to President of United States by sections 1 and 3(a)(1) of Reorg. Plan No. 1 of 1973, eff. July 1, 1973, 38 F.R. 9579,
Functions vested in Director of Office of Emergency Preparedness as of June 30, 1973, by Executive Order, proclamation, or other directive issued by or on behalf of President or otherwise under this section and Ex. Ord. No. 10421, formerly set out below, with certain exceptions, transferred to Administrator of General Services by Ex. Ord. No. 11725, §3, June 27, 1973, 38 F.R. 17175, formerly set out under section 2271 of the Appendix to this title, to be exercised in conformance with such guidance as provided by National Security Council and, with respect to economic and disposal aspects of stockpiling of strategic and critical materials by Council on Economic Policy. Functions of Administrator of General Services under this chapter performed by Federal Preparedness Agency within General Services Administration.
Functions of Director of Office of Defense Mobilization under this section, which were previously transferred to President, delegated to Secretary of Homeland Security by sections 1–103 and 4–102 of Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, as amended, set out as a note under
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
"Administrator of the Federal Emergency Management Agency" substituted for "Director of the Federal Emergency Management Agency" in subsecs. (a) to (c) on authority of section 612(c) of
Emergency Preparedness Functions
For assignment of certain emergency preparedness functions to Secretary of Homeland Security, see parts 1, 2, and 17 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, as amended, set out as a note under
Office of Emergency Planning
REORGANIZATION PLAN NO. 25 OF 1950
Eff. July 9, 1950, 15 F.R. 4366, 64 Stat. 1280
Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, May 9, 1950, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 [see
NATIONAL SECURITY RESOURCES BOARD
Section 1. Functions of Chairman and of Board
The functions of the National Security Resources Board are hereby transferred to the Chairman of the National Security Resources Board, and the Board shall hereafter advise and consult with the Chairman with respect to such matters within his jurisdiction as he may request.
Sec. 2. Vice Chairman
There is hereby established the office of Vice Chairman of the National Security Resources Board. Such Vice Chairman shall (1) be an additional member of the National Security Resources Board, (2) be appointed from civilian life by the President, by and with the advice and consent of the Senate, (3) receive compensation at the rate of $16,000 per annum, and (4) perform such of the duties of the Chairman as the Chairman shall designate.
Sec. 3. Performance of Functions of Chairman
The Chairman may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by any agency or employee, of the National Security Resources Board of any function of the Chairman.
Message of the President
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 25 of 1950, prepared in accordance with the provisions of the Reorganization Act of 1949. The plan transfers the function of the National Security Resources Board from the Board to the Chairman of the Board and makes the Board advisory to the Chairman. The plan also provides for a Vice Chairman, appointed by the President and confirmed by the Senate.
The function assigned to the National Security Resources Board by the National Security Act of 1947 is "to advise the President concerning the coordination of military, industrial and civilian mobilization." Proper performance of this function requires action by the Board and its staff in two broad areas:
(1) The conduct of advance mobilization planning which identifies the problems which will arise and the measures necessary to meet these problems if and when the Nation moves from a peacetime into a wartime situation.
(2) The formulation of current policies and programs which will help the Nation achieve an adequate state of readiness against the eventuality of a future war.
The role assigned the National Security Resources Board is clearly one of staff assistance to the President. The Congress recently recognized this fact in its approval of Reorganization Plan No. 4 of 1949 which, pursuant to the specific recommendation of the Hoover Commission, placed the National Security Resources Board in the Executive Office of the President.
The accompanying reorganization plan is designed to make the National Security Resources Board a more effective instrument. Successful performance of the Board's mission requires a wide range of detailed study and analysis to cover all the major aspects of national mobilization. A committee of department heads or departmental representatives encounters some natural difficulties in providing supervision and leadership in such an extensive and detailed activity. The Chairman has the difficult task of exercising discretion as to which matters shall be submitted for Board approval. The departmental members of the Board cannot possibly supervise or approve the Board's extensive and detailed activities and yet, as Board members, must accept ultimate responsibility for all such activities. Likewise, the departmental members are encumbered by the difficulty of having to reach collective and speedy decisions on a great many matters for which they, as Board members, are responsible.
By vesting the functions of the Board in the Chairman, the difficulties of Board operation will be overcome. At the same time, the reorganization plan provides for the continued participation of the several departments and agencies in the task of mobilization planning. This is not only a matter of established policy but also a requirement of the National Security Act. The departments will continue to have representation on the Board. The Board, in an advisory relationship to the Chairman, will be a useful arrangement for obtaining the necessary participation of departments in mobilization planning and for coordination of their activity. It will enable the departments to keep abreast of the total range of security resources planning. Without reliance on the departments for the execution of much of the actual job of mobilization planning, coordination with the total range of governmental policies and objectives would be lost.
The Congress in passing the National Security Act Amendments of 1949 recognized the difficulty which exists when functions of staff advice and assistance are placed in a board-type agency. The National Security Act Amendments of 1949, in clarifying the role of the Chairman of the Munitions Board and the Research and Development Board, strengthened and increased the effectiveness of these staff agencies of the Secretary of Defense by providing for the exclusive exercise of responsibilities by the Chairman. This plan achieves the same objective for the National Security Resources Board.
The accompanying reorganization plan provides for a Vice Chairman appointed by the President and confirmed by the Senate. The tremendous responsibilities of the National Security Resources Board and the heavy workload on the Chairman fully warrant this. Providing the Chairman with a principal associate for the exercise of his responsibilities is consistent with the usual practice in other agencies of the executive branch.
After investigation I have found and hereby declare that each reorganization included in Reorganization Plan No. 25 of 1950 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949.
I have found and hereby declare that it is necessary to include in the accompanying reorganization plan, by reason of reorganizations made thereby, provisions for the appointment and compensation of a Vice Chairman of the National Security Resources Board. The rate of compensation fixed for this officer is that which I have found to prevail in respect of comparable officers in the executive branch of the Government.
The taking effect of the reorganizations included in Reorganization Plan No. 25 may not in itself result in substantial immediate savings. However, the important objective is maximum effectiveness in security resources planning.
The security of this Nation requires that these steps be taken to enable security resources planning to move forward more effectively. It is for that reason that Reorganization Plan No. 25 is today submitted to the Congress. It is for that reason, and that reason alone, that I strongly urge congressional acceptance of Reorganization Plan No. 25.
Harry S. Truman.
REORGANIZATION PLAN NO. 3 OF 1953
Eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634
Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 2, 1953, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949, as amended [see
OFFICE OF DEFENSE MOBILIZATION
Section 1. Establishment of Office
(a) There is hereby established in the Executive Office of the President a new agency which shall be known as the Office of Defense Mobilization, hereinafter referred to as the "Office."
(b) There shall be at the head of the Office a Director of the Office of Defense Mobilization, hereinafter referred to as the "Director," who shall be appointed by the President by and with the advice and consent of the Senate and shall receive compensation at the rate of $22,500 per annum.
(c) There shall be in the Office a Deputy Director of the Office of Defense Mobilization, who shall be appointed by the President, by and with the advice and consent of the Senate, shall receive compensation at the rate of $17,500 per annum, shall perform such functions as the Director shall designate, and shall act as Director during the absence or disability of the Director or in the event of a vacancy in the office of the Director.
Sec. 2. Transfer of Functions
There are hereby transferred to the Director:
(a) All functions of the Chairman of the National Security Resources Board, including his functions as a member of the National Security Council, but excluding the functions abolished by section 5(a) of this reorganization plan.
(b) All functions under the Strategic and Critical Materials Stock Piling Act, as amended (
(c) The functions vested in the Munitions Board by section 4(h) of the Commodity Credit Corporation Charter Act, as amended (
(d) All functions now vested by any statute in the Director of Defense Mobilization or in the Office of Defense Mobilization provided for in Executive Order Numbered 10193 (15 F.R. 9031) [revoked by Ex. Ord. No. 10480, 18 F.R. 4939, formerly set out as a note under section 2153 of Appendix to this title].
Sec. 3. Performance of Transferred Functions
(a) The Director may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by any agency or employee, of the Office, of any function of the Director, exclusive of the function of being a member of the National Security Council.
(b) When authorized by the Director, any function transferred to him by the provisions of this reorganization plan (exclusive of the function of being a member of the National Security Council) may be performed by the head of any agency of the executive branch of the Government or, subject to the direction and control of any such agency head, by such officers, employees, and organizational units under the jurisdiction of such agency head as such agency head may designate.
(c) In addition to the representatives who by virtue of the last sentence of section 2(a) of the Strategic and Critical Materials Stock Piling Act, as amended [former
Sec. 4. Records, Property, Personnel, and Funds
There shall be transferred with the functions transferred by this reorganization plan from the Chairman of the National Security Resources Board and the Department of Defense, respectively, so much of the records, property, personnel, and unexpended balances of appropriations, allocations, and other funds, used, held, employed, available, or to be made available in connection with the said functions, as the Director shall determine to be required for the performance of the transferred functions by the Office, but all transfers from the Department of Defense under the foregoing provisions of this section shall be subject to the approval of the Secretary of Defense.
Sec. 5. Abolition of Functions
(a) The functions of the Chairman of the National Security Resources Board under section 18 of the Universal Military Training and Service Act (
(b) So much of the functions of the Secretary of Defense under section 202(b) of the National Security Act of 1947, as amended [see
(c) Any functions which were vested in the Army and Navy Munitions Board or which are vested in the Munitions Board with respect to serving as agent through which the Secretaries of the Army, Navy, Air Force, and Interior jointly act, under section 2(a) of the Strategic and Critical Materials Stock Piling Act, as amended [former
Sec. 6. Abolition of National Security Resources Board
The National Security Resources Board (established by the National Security Act of 1947,
[For subsequent history relating to Office of Defense Mobilization, see notes set out under this section.]
Message of the President
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 4 of 1953, prepared in accordance with the provisions of the Reorganization Act of 1949, as amended.
The reorganization plan is designed to achieve two primary objectives: The first is to improve the organization of the Executive Office of the President; the second is to enable one Executive Office agency to exercise strong leadership in our national mobilization effort, including both current defense activities and readiness for any future national emergency.
The National Security Resources Board was established by the National Security Act of 1947 to advise the President concerning various aspects of future military, industrial, and civilian mobilization. The areas of responsibility assigned to the Board included the use of national and industrial resources for military and civilian needs; the sufficiency of productive facilities; the strategic relocation of industries; the mobilization and maximum utilization of manpower; and the maintenance and stabilization of the civilian economy.
The vigorous and efficient discharge of these vital functions is not well served by the simultaneous existence in the Executive Office of the President of the National Security Resources Board (charged with planning for the future) and the present Office of Defense Mobilization (charged with programs of the present). The progress of the current mobilization effort has made plain how artificial is the present separation of these functions.
Both functions should now be combined into one defense mobilization agency. Accordingly, the reorganization plan would create in the Executive Office of the President a new agency, to be known as the Office of Defense Mobilization. It would transfer to the new Office the functions of the Chairman of the National Security Resources Board and abolish that Board, including the offices of Chairman and Vice Chairman.
The reorganization plan also transfers to the new agency the statutory functions of the present Office of Defense Mobilization. These are of a minor nature, the major functions of the present Office of Defense Mobilization having been delegated to it by the President, principally under the Defense Production Act of 1950, as amended. It is my intention to transfer the latter functions to the new agency by Executive order, and to abolish the Office of Defense Mobilization established by Executive Order No. 10193. There will thus result a new agency which combines the activities of the National Security Resources Board and both the statutory and delegated functions of the heretofore existing Office of Defense Mobilization.
The proposed plan would also reorganize various activities relating to the stockpiling of strategic and critical materials. Those activities are principally provided for in the Strategic and Critical Materials Stock Piling Act, as amended. It has become increasingly apparent that the policy and program aspects of stockpiling are an integral part of mobilization planning. They should not be administered separately from plant expansion, conservation of materials, and materials procurement under the Defense Production Act of 1950, or from the duties placed in the National Security Resources Board by the National Security Act of 1947. Therefore, the reorganization plan would transfer to the Director of the new Office of Defense Mobilization responsibility for major stockpiling actions, including the determination of the nature and quantities of materials to be stockpiled. In the main, these functions are transferred from the Secretaries of the Army, Navy, and Air Force (acting jointly through the agency of the Munitions Board) and the Secretary of the Interior. The duties of the Administrator of General Services regarding the purchase of strategic and critical materials and the management of stockpiles are not affected by the reorganization plan, except that he will receive his directions, under the plan, from the Director of the Office of Defense Mobilization instead of from the Department of Defense.
This transfer of stockpiling functions will correct the present undesirable confusion of responsibilities. The functions of the heads of the military departments of the Department of Defense and the Secretary of the Interior under the Strategic and Critical Materials Stock Piling Act, as amended, are at present in considerable measure subject to other authority of delegates of the President springing from the Defense Production Act of 1950, as amended. The allocation and distribution of scarce materials among essential civilian and military activities and the continued maintenance of adequate stockpiles of strategic and critical materials are of major current importance. The reorganization plan will make possible more effective coordination and close control over the Government's whole stockpile program. It will speed decisions. It can result in significant economies.
The Department of Defense will, of course, continue to be responsible for presenting the needs of the military services. That Department and the Department of the Interior are specifically designated in the plan as additional agencies which shall appoint representatives to cooperate with the Director of the Office of Defense Mobilization in determining which materials are strategic and critical and how much of them is to be purchased. Final authority with regard to such determination will, however, be in the Director of the Office of Defense Mobilization.
Section 5(a) of the reorganization plan withholds from transfer to the Director and abolishes the functions of the Chairman of the National Security Resources Board with regard to being consulted by and furnishing advice to the President concerning the placing of orders of mandatory precedence for articles or materials for the use of the armed forces of the United States or for the use of the Atomic Energy Commission, and with regard to determining that a plant, mine, or other facility can be readily converted to the production or furnishing of such articles or materials. These abolished functions were vested in the National Security Resources Board by section 18 of the Selective Service Act of 1948 (later renamed as the Universal Military Training and Service Act) and were transferred to the Chairman of that Board by Reorganization Plan No. 25 of 1950. The practical effect of this abolition is to obviate a statutory mandate that the President consult and advise with another officer of the executive branch of the Government.
Section 5(b) of the reorganization plan abolishes the direction, authority, and control of the Secretary of Defense over functions transferred from the Department of Defense by the reorganization plan. The Secretary's functions in this regard are provided for in section 202(b) of the National Security Act of 1947, as amended (
Section 5(c) of the reorganization plan abolishes any functions which were vested in the Army and Navy Munitions Board or which are vested in the Munitions Board with respect to serving as the agent through which the Secretaries of the Army, Navy, Air Force, and the Interior jointly act in determining which materials are strategic and critical under the provisions of the Strategic and Critical Materials Stock Piling Act, as amended, and the quality and quantities of such materials to be stockpiled. These abolished functions are provided for in section 2(a) of the Strategic and Critical Materials Stock Piling Act, as amended.
After investigation I have found and hereby declare that each reorganization included in Reorganization Plan No. 3 of 1953 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. I have also found and hereby declare that by reason of these reorganizations it is necessary to include in the reorganization plan provisions for the appointment and compensation of a Director and a Deputy Director of the Office of Defense Mobilization. The rates of compensation fixed for these officers are, respectively, those which I have found to prevail in respect of comparable officers of the executive branch of the Government.
The reorganization plan will permit better organization and management of the Federal programs relating to materials and requirements and will thus help to achieve the maximum degree of mobilization readiness at the least possible cost. It is not practicable, however, to itemize, in advance of actual experience, the reductions of expenditures to be brought about by the taking effect of the reorganizations included in Reorganization Plan No. 3 of 1953.
I urge that the Congress allow the proposed reorganization plan to become effective.
Dwight D. Eisenhower.
Executive Order No. 9905
Ex. Ord. No. 9905, Nov. 13, 1947, 12 F.R. 7613, as amended by Ex. Ord. No. 9931, Feb. 19, 1948, 13 F.R. 763, provided for membership of National Security Resources Board and defined functions, duties and authority of Chairman of Board.
Executive Order No. 10169
Ex. Ord. No. 10169, Oct. 11, 1950, 15 F.R. 6901, which provided for a National Advisory Committee on Mobilization Policy, was revoked by Ex. Ord. No. 10480, Aug. 14, 1953, 18 F.R. 4939, formerly set out under section 2153 of the Appendix to this title.
Executive Order No. 10421
Ex. Ord. No. 10421, Dec. 31, 1952, 18 F.R. 57, as amended by Ex. Ord. No. 10438, Mar. 13, 1953, 18 F.R. 1491; Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 6, 1958, 23 F.R. 6971; Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, which related to physical security of defense facilities, was revoked by Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out under
Executive Order No. 10438
Ex. Ord. No. 10438, Mar. 13, 1953, 18 F.R. 1491, which related to transfer of functions to Director of Defense Mobilization, was superseded by Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683, formerly set out under
§404a. Annual national security strategy report
(a) Transmittal to Congress
(1) The President shall transmit to Congress each year a comprehensive report on the national security strategy of the United States (hereinafter in this section referred to as a "national security strategy report").
(2) The national security strategy report for any year shall be transmitted on the date on which the President submits to Congress the budget for the next fiscal year under
(3) Not later than 150 days after the date on which a new President takes office, the President shall transmit to Congress a national security strategy report under this section. That report shall be in addition to the report for that year transmitted at the time specified in paragraph (2).
(b) Contents
Each national security strategy report shall set forth the national security strategy of the United States and shall include a comprehensive description and discussion of the following:
(1) The worldwide interests, goals, and objectives of the United States that are vital to the national security of the United States.
(2) The foreign policy, worldwide commitments, and national defense capabilities of the United States necessary to deter aggression and to implement the national security strategy of the United States.
(3) The proposed short-term and long-term uses of the political, economic, military, and other elements of the national power of the United States to protect or promote the interests and achieve the goals and objectives referred to in paragraph (1).
(4) The adequacy of the capabilities of the United States to carry out the national security strategy of the United States, including an evaluation of the balance among the capabilities of all elements of the national power of the United States to support the implementation of the national security strategy.
(5) Such other information as may be necessary to help inform Congress on matters relating to the national security strategy of the United States.
(c) Classified and unclassified form
Each national security strategy report shall be transmitted in both a classified and an unclassified form.
(July 26, 1947, ch. 343, title I, §108, formerly §104, as added
Amendments
1999—Subsec. (a)(3).
National Commission on the Future Role of United States Nuclear Weapons, Problems of Command, Control, and Safety of Soviet Nuclear Weapons, and Reduction of Nuclear Weapons
§404b. Multiyear national intelligence program
(a) Annual submission of multiyear national intelligence program
The Director of National Intelligence shall submit to the congressional committees specified in subsection (d) of this section each year a multiyear national intelligence program plan reflecting the estimated expenditures and proposed appropriations required to support that program. Any such multiyear national intelligence program plan shall cover the fiscal year with respect to which the budget is submitted and at least four succeeding fiscal years.
(b) Time of submission
The Director of National Intelligence shall submit the report required by subsection (a) of this section each year at or about the same time that the budget is submitted to Congress pursuant to
(c) Consistency with budget estimates
The Director of National Intelligence and the Secretary of Defense shall ensure that the estimates referred to in subsection (a) of this section are consistent with the budget estimates submitted to Congress pursuant to
(d) Specified congressional committees
The congressional committees referred to in subsection (a) of this section are the following:
(1) The Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate.
(2) The Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
(
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1991, and not as part of the National Security Act of 1947 which comprises this chapter.
Amendments
2010—
Subsec. (a).
Subsec. (b).
Subsec. (c).
1999—Subsec. (d)(2).
1996—Subsec. (a).
Subsec. (d).
§404c. Annual report on United States security arrangements and commitments with other nations
(a) Report requirements
The President shall submit to the congressional committees specified in subsection (d) of this section each year a report (in both classified and unclassified form) on United States security arrangements with, and commitments to, other nations.
(b) Matters to be included
The President shall include in each such report the following:
(1) A description of—
(A) each security arrangement with, or commitment to, other nations, whether based upon (i) a formal document (including a mutual defense treaty, a pre-positioning arrangement or agreement, or an access agreement), or (ii) an expressed policy; and
(B) the historical origins of each such arrangement or commitment.
(2) An evaluation of the ability of the United States to meet its commitments based on the projected reductions in the defense structure of the United States.
(3) A plan for meeting each of those commitments with the force structure projected for the future.
(4) An assessment of the need to continue, modify, or discontinue each of those arrangements and commitments in view of the changing international security situation.
(c) Deadline for report
The President shall submit the report required by subsection (a) of this section not later than February 1 of each year.
(d) Specified congressional committees
The congressional committees referred to in subsection (a) of this section are the following:
(1) The Committee on Armed Services and the Committee on Foreign Relations of the Senate.
(2) The Committee on Armed Services and the Committee on International Relations of the House of Representatives.
(
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1991, and not as part of the National Security Act of 1947 which comprises this chapter.
Amendments
1999—Subsec. (d)(2).
1996—Subsec. (a).
Subsec. (c).
Subsec. (d).
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.
§404d. Repealed. Pub. L. 111–259, title III, §347(a), Oct. 7, 2010, 124 Stat. 2698
Section, act July 26, 1947, ch. 343, title I, §109, as added
§404d–1. Transferred
Codification
§404e. National mission of National Geospatial-Intelligence Agency
(a) In general
In addition to the Department of Defense missions set forth in
(b) Requirements and priorities
The Director of National Intelligence shall establish requirements and priorities governing the collection of national intelligence by the National Geospatial-Intelligence Agency under subsection (a) of this section.
(c) Correction of deficiencies
The Director of National Intelligence shall develop and implement such programs and policies as the Director and the Secretary of Defense jointly determine necessary to review and correct deficiencies identified in the capabilities of the National Geospatial-Intelligence Agency to accomplish assigned national missions, including support to the all-source analysis and production process. The Director shall consult with the Secretary of Defense on the development and implementation of such programs and policies. The Secretary shall obtain the advice of the Chairman of the Joint Chiefs of Staff regarding the matters on which the Director and the Secretary are to consult under the preceding sentence.
(July 26, 1947, ch. 343, title I, §110, formerly §120, as added
Amendments
2004—Subsec. (b).
Subsec. (c).
2003—
Subsec. (a).
Subsecs. (b), (c).
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
§404f. Repealed. Pub. L. 108–458, title I, §1075, Dec. 17, 2004, 118 Stat. 3694
Section, act July 26, 1947, ch. 343, title I, §111, formerly §121, as added
Effective Date of Repeal
For Determination by President that repeal take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under
Repeal effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of
§404g. Restrictions on intelligence sharing with United Nations
(a) Provision of intelligence information to United Nations
(1) No United States intelligence information may be provided to the United Nations or any organization affiliated with the United Nations, or to any officials or employees thereof, unless the President certifies to the appropriate committees of Congress that the Director of National Intelligence, in consultation with the Secretary of State and the Secretary of Defense, has established and implemented procedures, and has worked with the United Nations to ensure implementation of procedures, for protecting from unauthorized disclosure United States intelligence sources and methods connected to such information.
(2) Paragraph (1) may be waived upon written certification by the President to the appropriate committees of Congress that providing such information to the United Nations or an organization affiliated with the United Nations, or to any officials or employees thereof, is in the national security interests of the United States.
(b) Delegation of duties
The President may not delegate or assign the duties of the President under this section.
(c) Relationship to existing law
Nothing in this section shall be construed to—
(1) impair or otherwise affect the authority of the Director of National Intelligence to protect intelligence sources and methods from unauthorized disclosure pursuant to
(2) supersede or otherwise affect the provisions of subchapter III of this chapter.
(d) "Appropriate committees of Congress" defined
As used in this section, the term "appropriate committees of Congress" means the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate and the Committee on Foreign Relations and the Permanent Select Committee on Intelligence of the House of Representatives.
(July 26, 1947, ch. 343, title I, §112, formerly §110, as added
Codification
Section was formerly classified to
Amendments
2010—Subsecs. (b) to (e).
"(1) The President shall report annually to the appropriate committees of Congress on the types and volume of intelligence provided to the United Nations and the purposes for which it was provided during the period covered by the report. The President shall also report to the appropriate committees of Congress within 15 days after it has become known to the United States Government that there has been an unauthorized disclosure of intelligence provided by the United States to the United Nations.
"(2) The requirement for periodic reports under the first sentence of paragraph (1) shall not apply to the provision of intelligence that is provided only to, and for the use of, appropriately cleared United States Government personnel serving with the United Nations.
"(3) In the case of the annual reports required to be submitted under the first sentence of paragraph (1) to the congressional intelligence committees, the submittal dates for such reports shall be as provided in
2004—Subsec. (a)(1).
Subsec. (d)(1).
2003—Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(3).
Subsec. (d)(1).
2002—Subsec. (b)(3).
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
Effective Date of 2003 Amendment
Amendment by section 361(b) of
§404h. Detail of intelligence community personnel—Intelligence Community Assignment Program
(a) Detail
(1) Notwithstanding any other provision of law, the head of a department with an element in the intelligence community or the head of an intelligence community agency or element may detail any employee within that department, agency, or element to serve in any position in the Intelligence Community Assignment Program on a reimbursable or a nonreimbursable basis.
(2) Nonreimbursable details may be for such periods as are agreed to between the heads of the parent and host agencies, up to a maximum of three years, except that such details may be extended for a period not to exceed one year when the heads of the parent and host agencies determine that such extension is in the public interest.
(b) Benefits, allowances, travel, incentives
(1) An employee detailed under subsection (a) of this section may be authorized any benefit, allowance, travel, or incentive otherwise provided to enhance staffing by the organization from which the employee is detailed.
(2) The head of an agency of an employee detailed under subsection (a) of this section may pay a lodging allowance for the employee subject to the following conditions:
(A) The allowance shall be the lesser of the cost of the lodging or a maximum amount payable for the lodging as established jointly by the Director of National Intelligence and—
(i) with respect to detailed employees of the Department of Defense, the Secretary of Defense; and
(ii) with respect to detailed employees of other agencies and departments, the head of such agency or department.
(B) The detailed employee maintains a primary residence for the employee's immediate family in the local commuting area of the parent agency duty station from which the employee regularly commuted to such duty station before the detail.
(C) The lodging is within a reasonable proximity of the host agency duty station.
(D) The distance between the detailed employee's parent agency duty station and the host agency duty station is greater than 20 miles.
(E) The distance between the detailed employee's primary residence and the host agency duty station is 10 miles greater than the distance between such primary residence and the employees parent duty station.
(F) The rate of pay applicable to the detailed employee does not exceed the rate of basic pay for grade GS–15 of the General Schedule.
(July 26, 1947, ch. 343, title I, §113, as added
References in Text
GS–15 of the General Schedule, referred to in subsec. (b)(2)(F), is set out under
Amendments
2004—Subsec. (b)(2)(A).
2002—Subsec. (c).
2001—Subsec. (b).
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
Effective Date
§404h–1. Detail of other personnel
Except as provided in section 402c(g)(2) 1 of this title and
(July 26, 1947, ch. 343, title I, §113A, as added
References in Text
1 See References in Text note below.
§404i. Additional annual reports from the Director of National Intelligence
(a) Annual report on the safety and security of Russian nuclear facilities and nuclear military forces
(1) The Director of National Intelligence shall submit to the congressional leadership on an annual basis, and to the congressional intelligence committees on the date each year provided in
(2) Each such report shall include a discussion of the following:
(A) The ability of the Government of Russia to maintain its nuclear military forces.
(B) The security arrangements at civilian and military nuclear facilities in Russia.
(C) The reliability of controls and safety systems at civilian nuclear facilities in Russia.
(D) The reliability of command and control systems and procedures of the nuclear military forces in Russia.
(3) Each such report shall be submitted in unclassified form, but may contain a classified annex.
(b) Annual report on hiring and retention of minority employees
(1) The Director of National Intelligence shall, on an annual basis, submit to Congress a report on the employment of covered persons within each element of the intelligence community for the preceding fiscal year.
(2) Each such report shall include disaggregated data by category of covered person from each element of the intelligence community on the following:
(A) Of all individuals employed in the element during the fiscal year involved, the aggregate percentage of such individuals who are covered persons.
(B) Of all individuals employed in the element during the fiscal year involved at the levels referred to in clauses (i) and (ii), the percentage of covered persons employed at such levels:
(i) Positions at levels 1 through 15 of the General Schedule.
(ii) Positions at levels above GS–15.
(C) Of all individuals hired by the element involved during the fiscal year involved, the percentage of such individuals who are covered persons.
(3) Each such report shall be submitted in unclassified form, but may contain a classified annex.
(4) Nothing in this subsection shall be construed as providing for the substitution of any similar report required under another provision of law.
(5) In this subsection, the term "covered persons" means—
(A) racial and ethnic minorities;
(B) women; and
(C) individuals with disabilities.
(c) Annual report on threat of attack on the United States using weapons of mass destruction
(1) Not later each year than the date provided in
(A) The current threat of attack on the United States using ballistic missiles or cruise missiles.
(B) The current threat of attack on the United States using a chemical, biological, or nuclear weapon delivered by a system other than a ballistic missile or cruise missile.
(2) Each report under paragraph (1) shall be a national intelligence estimate, or have the formality of a national intelligence estimate.
(3) The congressional committees referred to in paragraph (1) are the following:
(A) The congressional intelligence committees.
(B) The Committees on Foreign Relations and Armed Services of the Senate.
(C) The Committees on International Relations and Armed Services of the House of Representatives.
(d) Congressional leadership defined
In this section, the term "congressional leadership" means the Speaker and the minority leader of the House of Representatives and the majority leader and the minority leader of the Senate.
(July 26, 1947, ch. 343, title I, §114, as added
References in Text
The General Schedule, referred to in subsec. (b)(2)(B), is set out under
Amendments
2004—
Subsec. (a)(1).
Subsec. (b)(1).
Subsec. (c)(1).
2003—Subsec. (a).
Subsecs. (b), (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
2002—Subsec. (a)(1).
Subsec. (a)(2) to (4).
Subsec. (b)(1).
Subsec. (c).
Subsec. (d).
"(1) 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.
"(2) The term 'congressional leadership' means the Speaker and the minority leader of the House of Representatives and the majority leader and the minority leader of the Senate."
Subsec (e).
Subsec. (f).
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.
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
Effective Date of 2003 Amendment
Amendment by
Report and Strategic Plan on Biological Weapons
"(a)
"(1) the intelligence collection efforts of the United States dedicated to assessing the threat from biological weapons from state, nonstate, or rogue actors, either foreign or domestic; and
"(2) efforts to protect the biodefense knowledge and infrastructure of the United States.
"(b)
"(1) an assessment of the intelligence collection efforts of the United States dedicated to detecting the development or use of biological weapons by state, nonstate, or rogue actors, either foreign or domestic;
"(2) information on fiscal, human, technical, open-source, and other intelligence collection resources of the United States dedicated for use to detect or protect against the threat of biological weapons;
"(3) an assessment of any problems that may reduce the overall effectiveness of United States intelligence collection and analysis to identify and protect biological weapons targets, including—
"(A) intelligence collection gaps or inefficiencies;
"(B) inadequate information sharing practices; or
"(C) inadequate cooperation among departments or agencies of the United States;
"(4) a strategic plan prepared by the Director of National Intelligence, in coordination with the Attorney General, the Secretary of Defense, and the Secretary of Homeland Security, that provides for actions for the appropriate elements of the intelligence community to close important intelligence gaps related to biological weapons;
"(5) a description of appropriate goals, schedules, milestones, or metrics to measure the long-term effectiveness of actions implemented to carry out the plan described in paragraph (4); and
"(6) any long-term resource and human capital issues related to the collection of intelligence regarding biological weapons, including any recommendations to address shortfalls of experienced and qualified staff possessing relevant scientific, language, and technical skills.
"(c)
[For definition of terms used in section 335 of
Date for First Report on Cooperation With Civilian Law Enforcement Agencies
§404i–1. Repealed. Pub. L. 111–259, title III, §347(c), Oct. 7, 2010, 124 Stat. 2698
Section, act July 26, 1947, ch. 343, title I, §114A, as added
Correcting Long-Standing Material Weaknesses
"(a)
"(1)
"(A) the Central Intelligence Agency;
"(B) the Defense Intelligence Agency;
"(C) the National Geospatial-Intelligence Agency;
"(D) the National Reconnaissance Office; or
"(E) the National Security Agency.
"(2)
"(A)(i) is a Federal, State, or local government auditor who meets the independence standards included in generally accepted government auditing standards; or
"(ii) is a public accountant who meets such independence standards; and
"(B) is designated as an auditor by the Director of National Intelligence or the head of a covered element of the intelligence community, as appropriate.
"(3)
"(4)
"(A) that was first reported in the annual financial report of a covered element of the intelligence community for a fiscal year prior to fiscal year 2007; and
"(B) the correction of which is not substantially dependent on a business system that was not implemented prior to the end of fiscal year 2010.
"(5)
"(6)
"(A)(i) compensated under the Senior Intelligence Service pay scale; or
"(ii) the head of a covered element of the intelligence community; and
"(B) compensated for employment with funds appropriated pursuant to an authorization of appropriations in this Act [
"(b)
"(1)
"(2)
"(3)
"(c)
"(d)
"(1)
"(2)
"(3)
"(A) notify the head of the appropriate covered element of the intelligence community of such determination at the time the determination is made; and
"(B) ensure that the independent auditor whose findings are the basis of a determination under paragraph (1) submits to the head of the covered element of the intelligence community and the Director of National Intelligence the findings that such determination is based on not later than 5 days after the date on which such determination is made.
"(e)
"(1) on which a senior intelligence management official is designated under paragraph (1) or (3) of subsection (b) and notified under subsection (c); or
"(2) of the correction of a long-standing, correctable material weakness, as verified by an independent auditor under subsection (d)(2)."
[For definition of "congressional intelligence committees" as used in section 368 of
§404j. Limitation on establishment or operation of diplomatic intelligence support centers
(a) In general
(1) A diplomatic intelligence support center may not be established, operated, or maintained without the prior approval of the Director of National Intelligence.
(2) The Director may only approve the establishment, operation, or maintenance of a diplomatic intelligence support center if the Director determines that the establishment, operation, or maintenance of such center is required to provide necessary intelligence support in furtherance of the national security interests of the United States.
(b) Prohibition of use of appropriations
Amounts appropriated pursuant to authorizations by law for intelligence and intelligence-related activities may not be obligated or expended for the establishment, operation, or maintenance of a diplomatic intelligence support center that is not approved by the Director of National Intelligence.
(c) Definitions
In this section:
(1) The term "diplomatic intelligence support center" means an entity to which employees of the various elements of the intelligence community (as defined in
(A) consists of intelligence analyses on military or political matters and expertise to conduct limited assessments and dynamic taskings for a chief of mission; and
(B) is not intelligence support traditionally provided to a chief of mission by the Director of National Intelligence.
(2) The term "chief of mission" has the meaning given that term by
(d) Termination
This section shall cease to be effective on October 1, 2000.
(July 26, 1947, ch. 343, title I, §115, as added
Amendments
2004—Subsec. (a)(1).
Subsec. (b).
Subsec. (c)(1)(B).
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
§404k. Travel on any common carrier for certain intelligence collection personnel
(a) In general
Notwithstanding any other provision of law, the Director of National Intelligence may authorize travel on any common carrier when such travel, in the discretion of the Director—
(1) is consistent with intelligence community mission requirements, or
(2) is required for cover purposes, operational needs, or other exceptional circumstances necessary for the successful performance of an intelligence community mission.
(b) Authorized delegation of duty
The Director of National Intelligence may only delegate the authority granted by this section to the Principal Deputy Director of National Intelligence, or with respect to employees of the Central Intelligence Agency, to the Director of the Central Intelligence Agency, who may delegate such authority to other appropriate officials of the Central Intelligence Agency.
(July 26, 1947, ch. 343, title I, §116, as added
Amendments
2010—Subsec. (b).
2004—Subsec. (a).
Subsec. (b).
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
§404l. POW/MIA analytic capability
(a) Requirement
(1) The Director of National Intelligence shall, in consultation with the Secretary of Defense, establish and maintain in the intelligence community an analytic capability with responsibility for intelligence in support of the activities of the United States relating to individuals who, after December 31, 1990, are unaccounted for United States personnel.
(2) The analytic capability maintained under paragraph (1) shall be known as the "POW/MIA analytic capability of the intelligence community".
(b) Unaccounted for United States personnel
In this section, the term "unaccounted for United States personnel" means the following:
(1) Any missing person (as that term is defined in
(2) Any United States national who was killed while engaged in activities on behalf of the United States and whose remains have not been repatriated to the United States.
(July 26, 1947, ch. 343, title I, §117, as added
Amendments
2004—Subsec. (a)(1).
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
§404m. Annual report on financial intelligence on terrorist assets
(a) Annual report
On a 1 annual basis, the Secretary of the Treasury (acting through the head of the Office of Intelligence Support) shall submit a report to the appropriate congressional committees that fully informs the committees concerning operations against terrorist financial networks. Each such report shall include with respect to the preceding one-year period—
(1) the total number of asset seizures, designations, and other actions against individuals or entities found to have engaged in financial support of terrorism;
(2) the total number of physical searches of offices, residences, or financial records of individuals or entities suspected of having engaged in financial support for terrorist activity; and
(3) whether the financial intelligence information seized in these cases has been shared on a full and timely basis with the all departments, agencies, and other entities of the United States Government involved in intelligence activities participating in the Foreign Terrorist Asset Tracking Center.
(b) Immediate notification for emergency designation
In the case of a designation of an individual or entity, or the assets of an individual or entity, as having been found to have engaged in terrorist activities, the Secretary of the Treasury shall report such designation within 24 hours of such a designation to the appropriate congressional committees.
(c) Submittal date of reports to congressional intelligence committees
In the case of the reports required to be submitted under subsection (a) of this section to the congressional intelligence committees, the submittal dates for such reports shall be as provided in
(d) Appropriate congressional committees defined
In this section, the term "appropriate congressional committees" means the following:
(1) The Permanent Select Committee on Intelligence, the Committee on Appropriations, the Committee on Armed Services, and the Committee on Financial Services of the House of Representatives.
(2) The Select Committee on Intelligence, the Committee on Appropriations, the Committee on Armed Services, and the Committee on Banking, Housing, and Urban Affairs of the Senate.
(July 26, 1947, ch. 343, title I, §118, as added
Amendments
2010—
Subsec. (a).
Subsec. (a)(2) to (4).
Subsec. (d)(1), (2).
1 So in original. Probably should be "an".
§404n. National Virtual Translation Center
(a) Establishment
The Director of National Intelligence shall establish in the intelligence community an element with the function of connecting the elements of the intelligence community engaged in the acquisition, storage, translation, or analysis of voice or data in digital form.
(b) Designation
The element established under subsection (a) of this section shall be known as the National Virtual Translation Center.
(c) Function
The element established under subsection (a) of this section shall provide for timely and accurate translations of foreign intelligence for all elements of the intelligence community through—
(1) the integration of the translation capabilities of the intelligence community;
(2) the use of remote-connection capabilities; and
(3) the use of such other capabilities as the Director considers appropriate.
(d) Administrative matters
(1) The Director shall retain direct supervision and control over the element established under subsection (a) of this section.
(2) The element established under subsection (a) of this section shall connect elements of the intelligence community utilizing the most current available information technology that is applicable to the function of the element.
(3) Personnel of the element established under subsection (a) of this section may carry out the duties and functions of the element at any location that—
(A) has been certified as a secure facility by a department or agency of the United States Government; or
(B) the Director has otherwise determined to be appropriate for such duties and functions 1
(e) Deadline for establishment
The element required by subsection (a) of this section shall be established as soon as practicable after November 27, 2002, but not later than 90 days after November 27, 2002.
(
Codification
Section was enacted as part of the Intelligence Authorization Act for Fiscal Year 2003, and not as part of the National Security Act of 1947 which comprises this chapter.
Amendments
2004—Subsec. (a).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
1 So in original. Probably should be followed by a period.
§404n–1. Foreign Terrorist Asset Tracking Center
(a) Establishment
The Director of National Intelligence shall establish within the Central Intelligence Agency an element responsible for conducting all-source intelligence analysis of information relating to the financial capabilities, practices, and activities of individuals, groups, and nations associated with international terrorism in their activities relating to international terrorism.
(b) Designation
The element established under subsection (a) of this section shall be known as the Foreign Terrorist Asset Tracking Center.
(c) Deadline for establishment
The element required by subsection (a) of this section shall be established as soon as practicable after November 27, 2002, but not later than 90 days after November 27, 2002.
(
Codification
Section was enacted as part of the Intelligence Authorization Act for Fiscal Year 2003, and not as part of the National Security Act of 1947 which comprises this chapter.
Amendments
2004—Subsec. (a).
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
§404n–2. Terrorist Identification Classification System
(a) Requirement
(1) The Director of National Intelligence shall—
(A) establish and maintain a list of individuals who are known or suspected international terrorists, and of organizations that are known or suspected international terrorist organizations; and
(B) ensure that pertinent information on the list is shared with the departments, agencies, and organizations described by subsection (c) of this section.
(2) The list under paragraph (1), and the mechanisms for sharing information on the list, shall be known as the "Terrorist Identification Classification System".
(b) Administration
(1) The Director shall prescribe requirements for the inclusion of an individual or organization on the list required by subsection (a) of this section, and for the deletion or omission from the list of an individual or organization currently on the list.
(2) The Director shall ensure that the information utilized to determine the inclusion, or deletion or omission, of an individual or organization on or from the list is derived from all-source intelligence.
(3) The Director shall ensure that the list is maintained in accordance with existing law and regulations governing the collection, storage, and dissemination of intelligence concerning United States persons.
(c) Information sharing
Subject to
(d) Report on criteria for information sharing
(1) Not later then March 1, 2003, the Director shall submit to the congressional intelligence committees a report describing the criteria used to determine which types of information on the list required by subsection (a) of this section are to be shared, and which types of information are not to be shared, with various departments and agencies of the Federal Government, State and local government agencies, and entities of foreign governments and international organizations.
(2) The report shall include a description of the circumstances in which the Director has determined that sharing information on the list with the departments and agencies of the Federal Government, and of State and local governments, described by subsection (c) of this section would be inappropriate due to the concerns addressed by section 403–3(c)(7) 1 of this title, relating to the protection of sources and methods, and any instance in which the sharing of information on the list has been inappropriate in light of such concerns.
(e) System administration requirements
(1) The Director shall, to the maximum extent practicable, ensure the interoperability of the Terrorist Identification Classification System with relevant information systems of the departments and agencies of the Federal Government, and of State and local governments, described by subsection (c) of this section.
(2) The Director shall ensure that the System utilizes technologies that are effective in aiding the identification of individuals in the field.
(f) Report on status of System
(1) Not later than one year after November 27, 2002, the Director shall, in consultation with the Director of Homeland Security, submit to the congressional intelligence committees a report on the status of the Terrorist Identification Classification System. The report shall contain a certification on the following:
(A) Whether the System contains the intelligence information necessary to facilitate the contribution of the System to the domestic security of the United States.
(B) Whether the departments and agencies having access to the System have access in a manner that permits such departments and agencies to carry out appropriately their domestic security responsibilities.
(C) Whether the System is operating in a manner that maximizes its contribution to the domestic security of the United States.
(D) If a certification under subparagraph (A), (B), or (C) is in the negative, the modifications or enhancements of the System necessary to ensure a future certification in the positive.
(2) The report shall be submitted in unclassified form, but may include a classified annex.
(g) Congressional intelligence committees defined
In this section, the term "congressional intelligence committees" means—
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the House of Representatives.
(
References in Text
Codification
Section was enacted as part of the Intelligence Authorization Act for Fiscal Year 2003, and not as part of the National Security Act of 1947 which comprises this chapter.
Amendments
Subsecs. (d) to (h).
"(1) The Director shall review on an annual basis the information provided by various departments and agencies for purposes of the list under subsection (a) of this section in order to determine whether or not the information so provided is derived from the widest possible range of intelligence available to such departments and agencies.
"(2) The Director shall, as a result of each review under paragraph (1), certify whether or not the elements of the intelligence community responsible for the collection of intelligence related to the list have provided information for purposes of the list that is derived from the widest possible range of intelligence available to such department and agencies."
2004—Subsec. (a)(1).
Subsec. (c).
2003—Subsecs. (c), (e)(2).
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
1 See References in Text note below.
§404n–3. Repealed. Pub. L. 108–177, title III, §361(e), Dec. 13, 2003, 117 Stat. 2625
Section,
Effective Date of Repeal
Repeal effective Dec. 31, 2003, see section 361(n) of
§404o. National Counterterrorism Center
(a) Establishment of Center
There is within the Office of the Director of National Intelligence a National Counterterrorism Center.
(b) Director of National Counterterrorism Center
(1) There is a Director of the National Counterterrorism Center, who shall be the head of the National Counterterrorism Center, and who shall be appointed by the President, by and with the advice and consent of the Senate.
(2) The Director of the National Counterterrorism Center may not simultaneously serve in any other capacity in the executive branch.
(c) Reporting
(1) The Director of the National Counterterrorism Center shall report to the Director of National Intelligence with respect to matters described in paragraph (2) and the President with respect to matters described in paragraph (3).
(2) The matters described in this paragraph are as follows:
(A) The budget and programs of the National Counterterrorism Center.
(B) The activities of the Directorate of Intelligence of the National Counterterrorism Center under subsection (i).
(C) The conduct of intelligence operations implemented by other elements of the intelligence community; and
(3) The matters described in this paragraph are the planning and progress of joint counterterrorism operations (other than intelligence operations).
(d) Primary missions
The primary missions of the National Counterterrorism Center shall be as follows:
(1) To serve as the primary organization in the United States Government for analyzing and integrating all intelligence possessed or acquired by the United States Government pertaining to terrorism and counterterrorism, excepting intelligence pertaining exclusively to domestic terrorists and domestic counterterrorism.
(2) To conduct strategic operational planning for counterterrorism activities, integrating all instruments of national power, including diplomatic, financial, military, intelligence, homeland security, and law enforcement activities within and among agencies.
(3) To assign roles and responsibilities as part of its strategic operational planning duties to lead Departments or agencies, as appropriate, for counterterrorism activities that are consistent with applicable law and that support counterterrorism strategic operational plans, but shall not direct the execution of any resulting operations.
(4) To ensure that agencies, as appropriate, have access to and receive all-source intelligence support needed to execute their counterterrorism plans or perform independent, alternative analysis.
(5) To ensure that such agencies have access to and receive intelligence needed to accomplish their assigned activities.
(6) To serve as the central and shared knowledge bank on known and suspected terrorists and international terror groups, as well as their goals, strategies, capabilities, and networks of contacts and support.
(e) Domestic counterterrorism intelligence
(1) The Center may, consistent with applicable law, the direction of the President, and the guidelines referred to in
(2) Any agency authorized to conduct counterterrorism activities may request information from the Center to assist it in its responsibilities, consistent with applicable law and the guidelines referred to in
(f) Duties and responsibilities of Director
(1) The Director of the National Counterterrorism Center shall—
(A) serve as the principal adviser to the Director of National Intelligence on intelligence operations relating to counterterrorism;
(B) provide strategic operational plans for the civilian and military counterterrorism efforts of the United States Government and for the effective integration of counterterrorism intelligence and operations across agency boundaries, both inside and outside the United States;
(C) advise the Director of National Intelligence on the extent to which the counterterrorism program recommendations and budget proposals of the departments, agencies, and elements of the United States Government conform to the priorities established by the President;
(D) disseminate terrorism information, including current terrorism threat analysis, to the President, the Vice President, the Secretaries of State, Defense, and Homeland Security, the Attorney General, the Director of the Central Intelligence Agency, and other officials of the executive branch as appropriate, and to the appropriate committees of Congress;
(E) support the Department of Justice and the Department of Homeland Security, and other appropriate agencies, in fulfillment of their responsibilities to disseminate terrorism information, consistent with applicable law, guidelines referred to in
(F) develop a strategy for combining terrorist travel intelligence operations and law enforcement planning and operations into a cohesive effort to intercept terrorists, find terrorist travel facilitators, and constrain terrorist mobility;
(G) have primary responsibility within the United States Government for conducting net assessments of terrorist threats;
(H) consistent with priorities approved by the President, assist the Director of National Intelligence in establishing requirements for the intelligence community for the collection of terrorism information; and
(I) perform such other duties as the Director of National Intelligence may prescribe or are prescribed by law.
(2) Nothing in paragraph (1)(G) shall limit the authority of the departments and agencies of the United States to conduct net assessments.
(g) Limitation
The Director of the National Counterterrorism Center may not direct the execution of counterterrorism operations.
(h) Resolution of disputes
The Director of National Intelligence shall resolve disagreements between the National Counterterrorism Center and the head of a department, agency, or element of the United States Government on designations, assignments, plans, or responsibilities under this section. The head of such a department, agency, or element may appeal the resolution of the disagreement by the Director of National Intelligence to the President.
(i) Directorate of Intelligence
The Director of the National Counterterrorism Center shall establish and maintain within the National Counterterrorism Center a Directorate of Intelligence which shall have primary responsibility within the United States Government for analysis of terrorism and terrorist organizations (except for purely domestic terrorism and domestic terrorist organizations) from all sources of intelligence, whether collected inside or outside the United States.
(j) Directorate of Strategic Operational Planning
(1) The Director of the National Counterterrorism Center shall establish and maintain within the National Counterterrorism Center a Directorate of Strategic Operational Planning which shall provide strategic operational plans for counterterrorism operations conducted by the United States Government.
(2) Strategic operational planning shall include the mission, objectives to be achieved, tasks to be performed, interagency coordination of operational activities, and the assignment of roles and responsibilities.
(3) The Director of the National Counterterrorism Center shall monitor the implementation of strategic operational plans, and shall obtain information from each element of the intelligence community, and from each other department, agency, or element of the United States Government relevant for monitoring the progress of such entity in implementing such plans.
(July 26, 1947, ch. 343, title I, §119, as added
Amendments
2010—Subsec. (c)(2)(B).
Effective Date
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of
Strategy for Counterterrorist Travel Intelligence
Executive Order No. 13354
Ex. Ord. No. 13354, Aug. 27, 2004, 69 F.R. 53589, which established a National Counterterrorism Center, was revoked by Ex. Ord. No. 12333, §3.6, Dec. 4, 1981, 46 F.R. 59954, as amended by Ex. Ord. No. 13470, §4(j), July 30, 2008, 73 F.R. 45341, set out as a note under
§404o–1. National Counter Proliferation Center
(a) Establishment
(1) The President shall establish a National Counter Proliferation Center, taking into account all appropriate government tools to prevent and halt the proliferation of weapons of mass destruction, their delivery systems, and related materials and technologies.
(2) The head of the National Counter Proliferation Center shall be the Director of the National Counter Proliferation Center, who shall be appointed by the Director of National Intelligence.
(3) The National Counter Proliferation Center shall be located within the Office of the Director of National Intelligence.
(b) Missions and objectives
In establishing the National Counter Proliferation Center, the President shall address the following missions and objectives to prevent and halt the proliferation of weapons of mass destruction, their delivery systems, and related materials and technologies:
(1) Establishing a primary organization within the United States Government for analyzing and integrating all intelligence possessed or acquired by the United States pertaining to proliferation.
(2) Ensuring that appropriate agencies have full access to and receive all-source intelligence support needed to execute their counter proliferation plans or activities, and perform independent, alternative analyses.
(3) Establishing a central repository on known and suspected proliferation activities, including the goals, strategies, capabilities, networks, and any individuals, groups, or entities engaged in proliferation.
(4) Disseminating proliferation information, including proliferation threats and analyses, to the President, to the appropriate departments and agencies, and to the appropriate committees of Congress.
(5) Conducting net assessments and warnings about the proliferation of weapons of mass destruction, their delivery systems, and related materials and technologies.
(6) Coordinating counter proliferation plans and activities of the various departments and agencies of the United States Government to prevent and halt the proliferation of weapons of mass destruction, their delivery systems, and related materials and technologies.
(7) Conducting strategic operational counter proliferation planning for the United States Government to prevent and halt the proliferation of weapons of mass destruction, their delivery systems, and related materials and technologies.
(c) National security waiver
The President may waive the requirements of this section, and any parts thereof, if the President determines that such requirements do not materially improve the ability of the United States Government to prevent and halt the proliferation of weapons of mass destruction, their delivery systems, and related materials and technologies. Such waiver shall be made in writing to Congress and shall include a description of how the missions and objectives in subsection (b) of this section are being met.
(d) Report to Congress
(1) Not later than nine months after the implementation of this Act, the President shall submit to Congress, in classified form if necessary, the findings and recommendations of the President's Commission on Weapons of Mass Destruction established by Executive Order in February 2004, together with the views of the President regarding the establishment of a National Counter Proliferation Center.
(2) If the President decides not to exercise the waiver authority granted by subsection (c) of this section, the President shall submit to Congress from time to time updates and plans regarding the establishment of a National Counter Proliferation Center.
(e) Sense of Congress
It is the sense of Congress that a central feature of counter proliferation activities, consistent with the President's Proliferation Security Initiative, should include the physical interdiction, by air, sea, or land, of weapons of mass destruction, their delivery systems, and related materials and technologies, and enhanced law enforcement activities to identify and disrupt proliferation networks, activities, organizations, and persons.
(July 26, 1947, ch. 343, title I, §119A, as added
References in Text
This Act, referred to in subsec. (d)(1), probably means
The Executive Order in February 2004 establishing the President's Commission on Weapons of Mass Destruction, referred to in subsec. (d)(1), is Ex. Ord. No. 13328, Feb. 6, 2004, 69 F.R. 6901, which was revoked by Ex. Ord. No. 13385, §3(a), Sept. 29, 2005, 70 F.R. 57990, and was formerly set out as a note under
Amendments
2010—Subsec. (a).
Effective Date
For Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of
Delegation of Functions
Reporting functions of President under this section assigned to the Director of National Intelligence by section 3 of Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 48633, set out as a note under
§404o–2. National Intelligence Centers
(a) Authority to establish
The Director of National Intelligence may establish one or more national intelligence centers to address intelligence priorities, including, but not limited to, regional issues.
(b) Resources of directors of centers
(1) The Director of National Intelligence shall ensure that the head of each national intelligence center under subsection (a) of this section has appropriate authority, direction, and control of such center, and of the personnel assigned to such center, to carry out the assigned mission of such center.
(2) The Director of National Intelligence shall ensure that each national intelligence center has appropriate personnel to accomplish effectively the mission of such center.
(c) Information sharing
The Director of National Intelligence shall, to the extent appropriate and practicable, ensure that each national intelligence center under subsection (a) of this section and the other elements of the intelligence community share information in order to facilitate the mission of such center.
(d) Mission of centers
Pursuant to the direction of the Director of National Intelligence, each national intelligence center under subsection (a) of this section may, in the area of intelligence responsibility assigned to such center—
(1) have primary responsibility for providing all-source analysis of intelligence based upon intelligence gathered both domestically and abroad;
(2) have primary responsibility for identifying and proposing to the Director of National Intelligence intelligence collection and analysis and production requirements; and
(3) perform such other duties as the Director of National Intelligence shall specify.
(e) Review and modification of centers
The Director of National Intelligence shall determine on a regular basis whether—
(1) the area of intelligence responsibility assigned to each national intelligence center under subsection (a) of this section continues to meet appropriate intelligence priorities; and
(2) the staffing and management of such center remains appropriate for the accomplishment of the mission of such center.
(f) Termination
The Director of National Intelligence may terminate any national intelligence center under subsection (a) of this section.
(g) Separate budget account
The Director of National Intelligence shall, as appropriate, include in the National Intelligence Program budget a separate line item for each national intelligence center under subsection (a) of this section.
(July 26, 1947, ch. 343, title I, §119B, as added
Effective Date
For Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under
Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of