SUBCHAPTER I—COORDINATION FOR NATIONAL SECURITY
§3021. National Security Council
(a) National Security Council
There is a council known as the National Security Council (in this section referred to as the "Council").
(b) Functions
Consistent with the direction of the President, the functions of the Council shall be to—
(1) advise the President with respect to the integration of domestic, foreign, and military policies relating to the national security so as to enable the Armed Forces and the other departments and agencies of the United States Government to cooperate more effectively in matters involving the national security;
(2) assess and appraise the objectives, commitments, and risks of the United States in relation to the actual and potential military power of the United States, and make recommendations thereon to the President;
(3) make recommendations to the President concerning policies on matters of common interest to the departments and agencies of the United States Government concerned with the national security; and
(4) coordinate, without assuming operational authority, the United States Government response to malign foreign influence operations and campaigns.
(c) Membership
(1) In general
The Council consists of the President, the Vice President, the Secretary of State, the Secretary of Defense, the Secretary of Energy, the Secretary of the Treasury, the Director of the Office of Pandemic Preparedness and Response Policy and such other officers of the United States Government as the President may designate.
(2) Attendance and participation in meetings
The President may designate such other officers of the United States Government as the President considers appropriate, including the Director of National Intelligence, the Director of National Drug Control Policy, the Chairman of the Joint Chiefs of Staff, and the National Cyber Director, to attend and participate in meetings of the Council.
(d) Presiding officers
At meetings of the Council, the President shall preside or, in the absence of the President, a member of the Council designated by the President shall preside.
(e) Staff
(1) In general
The Council shall have a staff headed by a civilian executive secretary appointed by the President.
(2) Staff
Consistent with the direction of the President and subject to paragraph (3), the executive secretary may, subject to the civil service laws and
(3) Number of professional staff
The professional staff for which this subsection provides shall not exceed 200 persons, including persons employed by, assigned to, detailed to, under contract to serve on, or otherwise serving or affiliated with the staff. The limitation in this paragraph does not apply to personnel serving substantially in support or administrative positions.
(f) Special Advisor to the President on International Religious Freedom
It is the sense of Congress that there should be within the staff of the 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
(g) Coordinator for combating malign foreign influence operations and campaigns
(1) In general
The President shall designate an employee of the National Security Council to be responsible for the coordination of the interagency process for combating malign foreign influence operations and campaigns.
(2) Congressional briefing
(A) In general
Not less frequently than twice each year, the employee designated under this subsection, or the employee's designee, shall provide to the congressional committees specified in subparagraph (B) a briefing on the responsibilities and activities of the employee designated under this subsection.
(B) Committees specified
The congressional committees specified in this subparagraph are the following:
(i) The Committees on Armed Services, Foreign Affairs, and Oversight and Government Reform, and the Permanent Select Committee on Intelligence of the House of Representatives.
(ii) The Committees on Armed Services, Foreign Relations, and Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate.
(h) Definition of malign foreign influence operations and campaigns
In this section, the term "malign foreign influence operations and campaigns" means the coordinated, direct or indirect application of national diplomatic, informational, military, economic, business, corruption, educational, and other capabilities by hostile foreign powers to affect attitudes, behaviors, decisions, or outcomes within the United States.
(July 26, 1947, ch. 343, title I, §101,
Editorial Notes
Codification
Section was formerly classified to
Amendments
2022—Subsec. (c)(1).
2021—Subsec. (c)(2).
2018—Subsec. (b)(4).
Subsecs. (g), (h).
2017—Subsec. (c)(1).
2016—
2014—Subsec. (a)(5) to (8).
"(6) the Director for Mutual Security;
"(7) the Chairman of the National Security Resources Board; and".
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".
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Effective Date of 2016 Amendment
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
Construction of 2017 Amendment
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.
Deadline for Appointment of Coordinator for Combating Malign Foreign Influence Operations and Campaigns
Pilot Program on Cryptologic Service Training
Executive Documents
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,
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.
Ex. Ord. No. 13657. Changing the Name of the National Security Staff to the National Security Council Staff
Ex. Ord. No. 13657, Feb. 10, 2014, 79 F.R. 8823, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to reflect my decision to change the name of the National Security Staff to the National Security Council staff, it is hereby ordered as follows:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.
Ex. Ord. No. 13729. A Comprehensive Approach to Atrocity Prevention and Response
Ex. Ord. No. 13729, May 18, 2016, 81 F.R. 32611, 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) In order to ensure that emerging mass atrocity risks and mass atrocity situations are considered and addressed, the Board shall monitor developments around the world that heighten the risk of mass atrocities, and analyze and closely review specific mass atrocity threats or situations of heightened concern.
(b) The Board shall also identify any gaps related to the prevention of and response to mass atrocities in the current policies and ongoing interagency processes concerning particular regions or countries and shall make recommendations to strengthen policies, programs, resources, and tools related to mass atrocity prevention and response to relevant executive departments and agencies (agencies), including through the Board's function as an interagency policy committee, as detailed in section 4 of this order. In these efforts, the Board shall focus in particular on ways for the U.S. Government to develop, strengthen, and enhance its capabilities to:
(i) monitor, receive early warning of, and coordinate responses to potential mass atrocities;
(ii) deter and isolate perpetrators of mass atrocities through all available and appropriate authorities;
(iii) promote accountability of and deny impunity for perpetrators of mass atrocities, including by denying safe haven for perpetrators found in the United States;
(iv) engage allies and partners, including the United Nations and other multilateral and regional institutions, to build capacity and mobilize action for preventing and responding to mass atrocities;
(v) deploy civilian personnel with expertise in conflict prevention, civilian protection, mediation, and other relevant skills, including on a rapid response basis, to assist in mass atrocity prevention and response efforts;
(vi) increase capacity for our diplomats, armed services, development professionals, and other actors to engage in mass atrocity prevention and response activities;
(vii) develop and implement tailored foreign assistance programs as well as doctrine for our armed services to address and mitigate the risks of mass atrocities;
(viii) ensure intelligence collection, analysis, and sharing of information, as appropriate, relating to mass atrocity threats and situations; and
(ix) address any other issue regarding mass atrocity prevention and response that the Board determines is appropriate.
(a) The Board shall function as an interagency policy committee, or body of equivalent standing, chaired by a member of the National Security Council staff at the Senior Director level or higher who shall be designated by the President (Chair).
(b) The Chair shall convene the Board on a monthly basis to perform the responsibilities set forth in section 3 of this order. The Board shall also meet as needed on an ad hoc and time-sensitive basis to consider and address emerging mass atrocity threats or situations.
(c) The Deputies Committee of the National Security Council (Deputies) shall meet at least twice per year, and the Principals Committee of the National Security Council (Principals) shall meet at least once per year, to review and direct the work of the Board.
(d) The Board shall be composed of individuals at the Assistant Secretary-level or higher who shall be designated by the leadership of their respective departments or agencies. Within 60 days of a vacancy on the Board, the relevant department or agency or office head shall designate a replacement representative and notify the National Security Advisor. In addition to the Chair, the Board shall consist of the designated representatives from the following:
(i) the Office of the Vice President;
(ii) the Department of State;
(iii) the Department of the Treasury;
(iv) the Department of Defense;
(v) the Department of Justice;
(vi) the Department of Homeland Security;
(vii) the U.S. Mission to the United Nations;
(viii) the Office of the Director of National Intelligence;
(ix) the Central Intelligence Agency;
(x) the U.S. Agency for International Development;
(xi) the Joint Chiefs of Staff; and
(xii) such other agencies or offices as may request to participate in coordination with the Chair.
(e) The Chair shall report, through the National Security Advisor, to the President by April 30 each year on the work of the U.S. Government in mass atrocity prevention and response, including the work of the Board.
(f) The Chair shall prepare written updates for the public, on an annual basis, on the work of the U.S. Government in mass atrocity prevention and response, including the work of the Board.
(g) Consistent with the objectives set out in this order and in accordance with applicable law, the Board shall conduct outreach, including regular consultations, with representatives of nongovernmental organizations with expertise in mass atrocity prevention and response and other appropriate parties. Such outreach shall be for the purpose of assisting the Board with its work on considering and addressing emerging mass atrocity threats or situations and on developing new or improved policies and tools, as well as for the purpose of providing transparency on the work of the Board.
(h) In order to conduct the work set forth in this order effectively, the Board may:
(i) request information or analysis from the Intelligence Community (IC), Chiefs of Mission, agencies, and offices;
(ii) develop policy recommendations and programmatic recommendations for agencies, offices, and existing interagency processes;
(iii) in conjunction with existing interagency processes, formulate policy recommendations and programmatic recommendations;
(iv) coordinate with the Office of Management and Budget (OMB) to develop guidance on mass atrocity prevention resource priorities for agencies and offices; and
(v) bring urgent or significant matters to the attention of the Deputies and, as appropriate, request that the Deputies convene to address a situation of concern, consistent with Presidential Policy Directive-1 or its successor.
(a) Agencies, in coordination with the Board, shall ensure that mass atrocity prevention and response staffing, training, funding, and activities are addressed in their strategic planning and budget processes, including Department Quadrennial Reviews, Mission Resource Requests, State Department Integrated Country Strategies, U.S. Agency for International Development (USAID) Joint Strategic Plans, State Department Bureau Strategic Resource Plans, and related strategic planning and budget processes and documents. The Chair shall make recommendations to the National Security Advisor on the inclusion of material in the President's National Security Strategy that addresses mass atrocity prevention and response.
(b) The Department of State and USAID shall work with OMB to support the maintenance of civilian assistance accounts and authorities that enable swift civilian responses to mass atrocity threats and situations.
(c) The Department of State and USAID shall offer mass atrocity prevention and response training courses to all officers deployed or planning deployment to countries deemed by the IC to be at high or substantial risk for mass atrocities.
(d) The Department of State and USAID shall continue to build and use civilian capacity (i.e., the ability to deploy personnel with expertise in conflict prevention, civilian protection, mediation, and other relevant skills) effectively for mass atrocity prevention and response, and shall develop mechanisms for enhanced partnerships with non-U.S. Government actors that could provide surge capacity, such as the United Nations and other multilateral and regional organizations, foreign governments, and nongovernmental organizations.
(e) The IC shall continue to monitor developments worldwide and, as changing conditions warrant, prepare an IC-coordinated assessment updating IC judgments in its National Intelligence Estimate on the global risk of mass atrocities and genocide at regular intervals to inform the work of the Board.
(f) Recognizing mass atrocity prevention as a core national security interest of the United States, the IC shall allocate resources so as to permit a collection surge for countries where the Board determines, and the Deputies concur, that there are ongoing or acute risks of mass atrocities that merit increased attention, in accordance with the National Intelligence Priority Framework and available resources.
(g) The IC shall work with partner governments to encourage the collection and analysis of mass atrocity-related intelligence and the sharing of this intelligence with the U.S. Government and its partners in mass atrocity prevention and response.
(h) The Department of Homeland Security (DHS) and the Department of Justice, in coordination with the Department of State, shall continue to develop proposals for legislative, regulatory, or administrative amendments or changes that would permit the more effective use and enforcement of immigration and other laws to deny impunity to perpetrators of mass atrocities and that would enhance our ability to prosecute such perpetrators subject to the jurisdiction of the United States and remove those who are not citizens.
(i) The Department of Defense (DOD) shall continue to develop joint doctrine and training that support mass atrocity prevention and response operations and shall address mass atrocity prevention and response as part of its general planning guidance to combatant commands and services.
(j) The Department of State, the Department of the Treasury, DHS, the U.S. Mission to the United Nations (USUN), and other agencies as appropriate, shall coordinate with bilateral and multilateral partners on the deployment of mass atrocity prevention and response tools, including isolating and deterring perpetrators of mass atrocities through all available authorities (including administrative actions, visa authorities, and capacity-building support), as appropriate.
(k) The Department of State, in coordination with USUN, DOD, and other agencies as appropriate, shall work bilaterally, multilaterally, and with regionally based organizations to enhance effectiveness in the fields of early warning, analysis, prevention, response, and accountability, and shall work with international partners to build or encourage building the capacity of our allies and partners to prevent and respond to mass atrocities.
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof, or the status of that department or agency within the Federal Government; or
(ii) the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals.
(c) This order shall be implemented consistent with applicable law, and subject to the availability of appropriations.
(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.
Ex. Ord. No. 13747. Advancing the Global Health Security Agenda To Achieve a World Safe and Secure From Infectious Disease Threats
Ex. Ord. No. 13747, Nov. 4, 2016, 81 F.R. 78701, 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) GHSA Coordination and Policy Development. In furtherance of the policy described in section 1 of this order, I hereby direct the National Security Council staff, in accordance with the procedures and requirements in Presidential Policy Directive 1 (or any successor directive), to convene a GHSA Interagency Review Council (Council) to perform the responsibilities described in this order. The Assistant to the President for National Security Affairs, in coordination with the Assistant to the President for Homeland Security and Counterterrorism, shall designate a member of the National Security Council staff to serve as Chair for the Council. The Council shall meet not less than four times per year to advance its mission and fulfill its responsibilities.
(b) GHSA Interagency Review Council Responsibilities.
(i) The Council shall be responsible for the following activities:
(A) Provide, by consensus, policy-level guidance to participating agencies on GHSA goals, objectives, and implementation.
(B) Facilitate interagency, multi-sectoral engagement to carry out GHSA implementation.
(C) Provide a forum for raising and working to resolve interagency disagreements concerning the GHSA.
(D) Review the progress toward and work to resolve challenges in achieving U.S. commitments under the GHSA, including commitments to assist other countries in achieving the GHSA targets. The Council shall consider, among other issues, the status of U.S. financial commitments to the GHSA in the context of commitments by other donors, and the contributions of partner countries to achieve the GHSA targets; progress toward the milestones outlined in GHSA national plans for those countries where the United States Government has committed to assist in implementing the GHSA and in annual work-plans outlining agency priorities for implementing the GHSA; and external evaluations of United States and partner country capabilities to address infectious disease threats, including the ability to achieve the targets outlined within the WHO Joint External Evaluation (JEE) tool, as well as gaps identified by such external evaluations.
(E) Provide, by consensus, within 30 days of the date of this order, initial policy-level guidance on GHSA implementation.
(F) Develop a report on an annual basis regarding the progress achieved and challenges concerning the United States Government's ability to advance the GHSA across priority countries. The report shall include recommendations to resolve, mitigate, or otherwise address the challenges identified therein. The report shall be transmitted to the President and, to the extent possible, made publicly available.
(G) Conduct an overall review of the GHSA for submission to the President by September 2019. The review should include an evaluation of the progress achieved during the 5 years of this initiative, as well as any challenges faced. The report should also provide recommendations on the future direction of the initiative.
(ii) The Council shall not perform any activities or functions that interfere with the foreign affairs responsibilities of the Secretary of State, including the responsibility to oversee the implementation of programs and policies that advance the GHSA within foreign countries.
(c) Participation. The Council shall consist of representatives, serving at the Assistant Secretary level or higher, from the following agencies:
(i) the Department of State;
(ii) the Department of Defense;
(iii) the Department of Justice;
(iv) the Department of Agriculture;
(v) the Department of Health and Human Services;
(vi) the Department of Homeland Security;
(vii) the Office of Management and Budget;
(viii) the United States Agency for International Development;
(ix) the Environmental Protection Agency;
(x) the Centers for Disease Control and Prevention;
(xi) the Federal Bureau of Investigation;
(xii) the Office of Science and Technology Policy; and
(xiii) such other agencies as the agencies set forth above, by consensus, deem appropriate.
(a) The heads of agencies described in section 2(c) of this order shall:
(i) make the GHSA and its implementation a high priority within their respective agencies, and include GHSA-related activities within their respective agencies' strategic planning and budget processes;
(ii) designate a senior-level official to be responsible for the implementation of this order;
(iii) designate, in accordance with section 2(c) of this order, an appropriate representative at the Assistant Secretary level or higher to participate on the Council;
(iv) keep the Council apprised of GHSA-related activities undertaken within their respective agencies;
(v) maintain responsibility for agency-related programmatic functions in coordination with host governments, country teams, and GHSA in-country teams, and in conjunction with other relevant agencies;
(vi) coordinate with other agencies that are identified in this order to satisfy programmatic goals, and further facilitate coordination of country teams, implementers, and donors in host countries; and
(vii) coordinate across GHSA national plans and with GHSA partners to which the United States is providing assistance.
(b) The Secretary of State shall:
(i) engage Chiefs of Mission, country teams, and regional and functional bureaus within the Department of State to promote the GHSA with international partners and to facilitate country-level implementation of U.S. programmatic activities;
(ii) monitor and evaluate progress toward achieving GHSA targets, determine where more work is needed, and work with agencies and international partners to identify the partners best placed to improve performance and to achieve the GHSA targets for countries the United States has made a commitment to assist;
(iii) facilitate implementation and coordination of Department of State programs to further the GHSA, as well as provide technical expertise to measure and evaluate progress in countries the United States has made a commitment to assist;
(iv) coordinate planning, implementation, and evaluation of GHSA activities with the U.S. Global Malaria Coordinator at the United States Agency for International Development and the U.S. Global AIDS Coordinator at the Department of State in countries the United States has made a commitment to assist;
(v) lead diplomatic outreach, including at senior levels, in conjunction with other relevant agencies, to build international support for the GHSA with its members, other countries, and regional and multilateral bodies, including the Group of 7 (G7), the Group of 20 (G20), the African Union, the WHO, the OIE, the FAO, INTERPOL, the Global Partnership Against the Spread of Weapons and Materials of Mass Destruction, the European Union, the Asia-Pacific Economic Cooperation, the Association of Southeast Asian Nations, the Economic Community of West African States, the Organization of Islamic Cooperation, development banks, and other relevant partners;
(vi) work, in conjunction with other relevant agencies, with other donors and nongovernmental implementers in partner countries in order to leverage commitments to advance the GHSA with partners; and
(vii) coordinate, in conjunction with other relevant agencies, the United States Government relationship with foreign and domestic GHSA nongovernmental stakeholders, including the private sector, nongovernmental organizations, and foundations, and develop, with consensus from the Council, an annual GHSA nongovernmental outreach strategy.
(c) The Secretary of Defense shall:
(i) facilitate implementation and coordination of Department of Defense programs to further the GHSA, as well as provide technical expertise to measure and evaluate progress in countries the United States has made a commitment to assist;
(ii) work, in conjunction with interagency partners and the in-country GHSA team, with other donors and nongovernmental implementers in partner countries in which Department of Defense programs are active in order to coordinate and leverage commitments to advance the GHSA with partners; and
(iii) coordinate and communicate, in conjunction with other relevant agencies, with defense ministries with regard to the GHSA, including at the GHSA Ministerial and Steering Group.
(d) The Attorney General, generally acting through the Director of the Federal Bureau of Investigation (FBI), shall:
(i) serve, in conjunction with other relevant agencies, as the United States Government lead for GHSA targets relating to linking public health and law enforcement, and coordinate with INTERPOL on the GHSA and its successful implementation;
(ii) facilitate implementation and coordination of FBI programs to further the GHSA, as well as provide technical expertise to measure and evaluate progress in countries the United States has made a commitment to assist; and
(iii) work, in conjunction with interagency partners and the in-country GHSA team, with other donors and nongovernmental implementers in partner countries in which FBI programs are active in order to coordinate and leverage commitments to advance the GHSA with partners.
(e) The Secretary of Agriculture shall:
(i) represent, in conjunction with other relevant agencies, the United States in coordination and communication with the FAO and OIE with regard to the GHSA;
(ii) facilitate implementation and coordination of Department of Agriculture programs to further the GHSA, as well as provide technical expertise to measure and evaluate progress in countries the United States has made a commitment to assist; and
(iii) work, in conjunction with interagency partners and the in-country GHSA team, with other donors, contributing international organizations, and nongovernmental implementers in partner countries in which Department of Agriculture programs are active in order to coordinate and leverage commitments to advance the GHSA with partners.
(f) The Secretary of Health and Human Services shall:
(i) represent, in conjunction with other relevant agencies, the United States at GHSA Ministerial and Steering Group meetings and in working with G7 and G20 Health Ministers on the GHSA, and coordinate United States Government support for those activities;
(ii) provide overall leadership and coordination for the GHSA Action Packages (Action Packages), which consist of country commitments to advance and share best practices toward specific GHSA targets, including serving as the primary point of contact for the Action Packages, providing support to Action Package leaders, and tracking overall progress on the Action Packages;
(iii) coordinate United States Government support for and participation in external evaluations, including the WHO JEE tool and the Alliance for Country Assessments for Global Health Security and IHR Implementation;
(iv) represent, in conjunction with other relevant agencies, the United States in coordination and communication with the WHO regarding the GHSA;
(v) facilitate, no less than every 4 years, the request for an external assessment, such as the process outlined within the WHO JEE tool, of United States Government domestic efforts to implement the IHR and the GHSA and work to publish the assessment to the general public; and
(vi) consolidate and publish to the general public an external assessment of United States domestic capability to address infectious disease threats and implement the IHR, including the ability to achieve the targets outlined within the WHO JEE tool and including the gaps identified by such external assessment.
(g) The Secretary of Homeland Security shall:
(i) assess the impacts of global health threats on homeland security operations; and
(ii) lead, in conjunction with the Secretary of Health and Human Services, the Secretary of State, and the Secretary of Agriculture, United States Government GHSA activities related to global health threats at U.S. borders and ports of entry.
(h) The Administrator for the United States Agency for International Development shall:
(i) facilitate implementation and coordination of United States Agency for International Development programs to further the GHSA, as well as provide technical expertise to measure and evaluate progress in countries the United States has made a commitment to assist;
(ii) provide, in conjunction with other agencies, strategic technical guidance for achieving GHSA targets; and
(iii) work, in conjunction with interagency partners and the in-country GHSA teams, with other donors and nongovernmental GHSA implementers in partner countries in which United States Agency for International Development programs are active in order to coordinate and leverage commitments to advance the GHSA with partners.
(i) The Director of the U.S. Centers for Disease Control and Prevention, in coordination with the Secretary of Health and Human Services, shall:
(i) facilitate implementation and coordination of U.S. Centers for Disease Control and Prevention programs to further the GHSA, as well as provide technical expertise to measure and evaluate progress in countries the United States has made a commitment to assist;
(ii) provide, in conjunction with other agencies, strategic technical guidance for achieving GHSA targets;
(iii) provide, in coordination with the Department of Health and Human Services, strategic technical support for and participate in external assessments, including the WHO JEE tool, and the Alliance for Country Assessments for Global Health Security and IHR implementation; and
(iv) work, in conjunction with interagency partners and the in-country GHSA team, with other donors and nongovernmental implementers in partner countries in which the U.S. Centers for Disease Control and Prevention programs are active in order to coordinate and leverage commitments to advance the GHSA with partners.
(i) the authority granted by law to an executive department, agency, or the head thereof;
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals; or
(iii) the coordination or implementation of emergency response operations during a health emergency.
(b) This order shall be implemented consistent with applicable law, and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.
Ex. Ord. No. 13773. Enforcing Federal Law With Respect to Transnational Criminal Organizations and Preventing International Trafficking
Ex. Ord. No. 13773, Feb. 9, 2017, 82 F.R. 10691, as amended by Ex. Ord. No. 14060, §3(a)(i), Dec. 15, 2021, 86 F.R. 71794, 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:
These groups are drivers of crime, corruption, violence, and misery. In particular, the trafficking by cartels of controlled substances has triggered a resurgence in deadly drug abuse and a corresponding rise in violent crime related to drugs. Likewise, the trafficking and smuggling of human beings by transnational criminal groups risks creating a humanitarian crisis. These crimes, along with many others, are enriching and empowering these organizations to the detriment of the American people.
A comprehensive and decisive approach is required to dismantle these organized crime syndicates and restore safety for the American people.
(a) strengthen enforcement of Federal law in order to thwart transnational criminal organizations and subsidiary organizations, including criminal gangs, cartels, racketeering organizations, and other groups engaged in illicit activities that present a threat to public safety and national security and that are related to, for example:
(i) the illegal smuggling and trafficking of humans, drugs or other substances, wildlife, and weapons;
(ii) corruption, cybercrime, fraud, financial crimes, and intellectual-property theft; or
(iii) the illegal concealment or transfer of proceeds derived from such illicit activities.
(b) ensure that Federal law enforcement agencies give a high priority and devote sufficient resources to efforts to identify, interdict, disrupt, and dismantle transnational criminal organizations and subsidiary organizations, including through the investigation, apprehension, and prosecution of members of such organizations, the extradition of members of such organizations to face justice in the United States and, where appropriate and to the extent permitted by law, the swift removal from the United States of foreign nationals who are members of such organizations;
(c) maximize the extent to which all Federal agencies share information and coordinate with Federal law enforcement agencies, as permitted by law, in order to identify, interdict, and dismantle transnational criminal organizations and subsidiary organizations;
(d) enhance cooperation with foreign counterparts against transnational criminal organizations and subsidiary organizations, including, where appropriate and permitted by law, through sharing of intelligence and law enforcement information and through increased security sector assistance to foreign partners by the Attorney General and the Secretary of Homeland Security;
(e) develop strategies, under the guidance of the Secretary of State, the Attorney General, and the Secretary of Homeland Security, to maximize coordination among agencies—such as through the Organized Crime Drug Enforcement Task Forces (OCDETF), Special Operations Division, the OCDETF Fusion Center, and the International Organized Crime Intelligence and Operations Center—to counter the crimes described in subsection (a) of this section, consistent with applicable Federal law; and
(f) pursue and support additional efforts to prevent the operational success of transnational criminal organizations and subsidiary organizations within and beyond the United States, to include prosecution of ancillary criminal offenses, such as immigration fraud and visa fraud, and the seizure of the implements of such organizations and forfeiture of the proceeds of their criminal activity.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Ex. Ord. No. 14060. Establishing the United States Council on Transnational Organized Crime
Ex. Ord. No. 14060, Dec. 15, 2021, 86 F.R. 71793, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby order as follows:
These networks continue to expand in size and influence in the United States and abroad. Transnational criminal organizations contribute directly to tens of thousands of drug-overdose deaths in the United States each year and adversely affect American communities and economic prosperity. They also threaten United States national security by degrading the security and stability of allied and partner nations, undermining the rule of law, fostering corruption, acting as proxies for hostile state activities, directly or indirectly funding insurgent and terrorist groups, depleting natural resources, harming human health and the environment, contributing to climate change through illegal deforestation and logging, and exploiting and endangering vulnerable populations. In some regions, transnational criminal organizations wield state-like capabilities, disregarding sovereign borders, compromising the integrity of democratic institutions and threatening the legitimacy of fragile governments, and securing their power through intimidation, corruption, and violence. For these reasons, it is in the national interest of the United States to counter TOC. Addressing TOC requires a coordinated Federal framework accompanied by a cohesive whole-of-government effort executed in collaboration with State, local, Tribal, territorial, and civil society partners in the United States and in close coordination with foreign partners, international and regional organizations, and international and local civil society groups abroad.
(a) employ authorized intelligence and operational capabilities in an integrated manner to target, disrupt, and degrade transnational criminal organizations that pose the greatest threat to national security;
(b) collaborate with private entities and international, multilateral, and bilateral organizations to combat TOC, while also strengthening cooperation with and advancing efforts to build capacity in partner nations to reduce transnational criminal activity;
(c) improve information sharing between law enforcement entities and the Intelligence Community to enhance strategic analysis of, and efforts to combat, transnational criminal organizations and their activities, while also preserving our ability to speedily bring TOC actors to justice;
(d) expand tools and capabilities to combat illicit finance, which underpins all TOC activities; and
(e) develop and deploy new technologies to identify and disrupt existing and newly emerging TOC threats.
(i) The USCTOC shall replace the Threat Mitigation Working Group, previously directed to lead whole-of-government efforts on TOC under Executive Order 13773 of February 9, 2017 (Enforcing Federal Law With Respect to Transnational Criminal Organizations and Preventing International Trafficking) [set out above]. Accordingly, section 3 of Executive Order 13773 is hereby revoked.
(ii) The USCTOC shall consist of the following members or their designees:
(A) the Secretary of State;
(B) the Secretary of the Treasury;
(C) the Secretary of Defense;
(D) the Attorney General;
(E) the Secretary of Homeland Security; and
(F) the Director of National Intelligence.
(iii) The USCTOC may request other agencies to contribute to the USCTOC's efforts as necessary, including by detail or assignment of personnel consistent with subsection (b)(v) of this section.
(iv) The USCTOC shall meet not later than 60 days from the date of this order [Dec. 15, 2021] and periodically thereafter.
(b) There shall be established a USCTOC Strategic Division (Division), an interagency working group housed at the Department of Justice, comprising personnel from agencies designated in subsection (a)(ii) of this section.
(i) The Division shall produce coordinated strategic plans for whole-of-government counter-TOC efforts in support of and in alignment with policy priorities established by the President through the National Security Council. These strategic plans shall be informed by intelligence assessments, be developed in coordination with agencies, and include recommendations for actions by agencies. The Division shall submit its completed strategic plans to the USCTOC.
(ii) The Division shall be chaired by a senior official from the Department of Justice or the Department of Homeland Security. The Chairperson shall serve a 2 year term. The Attorney General and the Secretary of Homeland Security, or their designees, shall alternate every 2 years selecting the Chairperson.
(iii) The Division shall be established for administrative purposes within the Department of Justice, and the Department of Justice shall, to the extent permitted by law and subject to the availability of appropriations, provide administrative support and funding for the Division.
(iv) Agencies designated in subsection (a)(ii) of this section are hereby directed, consistent with their authorities, budget priorities, and mission constraints, and to the extent permitted by law and consistent with the need to protect intelligence and law enforcement sources, methods, operations, and investigations, to provide to the Division:
(A) details or assignments of personnel, who shall be qualified subject-matter experts and strategic planners, and who shall serve on full-time assignments of not less than 1 year;
(B) relevant information, research, intelligence, and analysis; and
(C) such other resources and assistance as the Division may request for the purpose of carrying out the responsibilities outlined in this section.
(v) To the extent permitted by law, agencies designated in subsection (a)(ii) of this section are encouraged to detail or assign their employees to the Division on a non-reimbursable basis.
(vi) The Division, within 120 days of the date of this order, shall submit to the USCTOC a report describing a process that the USCTOC can implement on an ongoing basis and as necessary to identify and prioritize the most significant TOC threats in alignment with policy priorities established by the President through the National Security Council.
(a) the term "Intelligence Community" has the meaning ascribed to it under
(b) the term "transnational criminal organizations" refers to groups, networks, and associated individuals who operate transnationally for the purpose of obtaining power, influence, or monetary or commercial gain, wholly or in part by illegal means, while advancing their activities through a pattern of crime, corruption, or violence, and while protecting their illegal activities through a transnational organizational structure and the exploitation of public corruption or transnational logistics, financial, or communication mechanisms.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
J.R. Biden, Jr.
Steps for Increased Legal and Policy Transparency Concerning the United States Use of Military Force and Related National Security Operations
Memorandum of President of the United States, Dec. 5, 2016, 81 F.R. 94213, provided:
Memorandum for the Heads of Executive Departments and Agencies
Since my earliest days in office, I have emphasized the importance of transparency and my commitment to making as much information as possible available to the Congress and the public about the United States use of military force and related national security operations. Doing so, I believe, not only supports the process of democratic decision making, but also demonstrates the legitimacy and strengthens the sustainability of our operations while promoting mutual understanding with our allies and partners.
The United States has used military force and conducted related national security operations within legal and policy frameworks that are designed to ensure that such operations are lawful and effective and that they serve our interests and values. Consistent with my commitment to transparency, my Administration has provided to the public an unprecedented amount of information regarding these frameworks through speeches, public statements, reports, and other materials. We have attempted to explain, consistent with our national security and the proper functioning of the executive branch, when and why the United States conducts such operations, the legal basis and policy parameters for such operations, and how such operations have unfolded, so that the American people can better understand them.
In addition to the efforts we have made to date, there is still more work that can be done to inform the public. Thus, consistent with my Administration's previous efforts, by this memorandum I am directing national security departments and agencies to take additional steps to share with the public further information relating to the legal and policy frameworks within which the United States uses military force and conducts related national security operations. Accordingly, I hereby direct as follows:
"National security departments and agencies" include the Departments of State, the Treasury, Defense, Justice, and Homeland Security, the Office of the Director of National Intelligence, the Central Intelligence Agency, and such other agencies as the President may designate.
"Related national security operations" include operations deemed relevant and appropriate by national security departments and agencies for inclusion in the report described in section 1 of this memorandum, such as detention, transfer, and interrogation operations.
Barack Obama.
National Security Presidential Memorandum–2. Organization of the National Security Council and the Homeland Security Council
National Security Presidential Memorandum–2, Jan. 28, 2017, 82 F.R. 9119, which related to the organization and functions of the National Security Council, the Homeland Security Council, National Security Council staff, Principals Committee, Deputies Committee, and Policy Coordination Committees, was revoked by Memorandum of President of the United States, part E, Apr. 4, 2017, 82 F.R. 16884, set out below.
National Security Presidential Memorandum–4. Organization of the National Security Council, the Homeland Security Council, and Subcommittees
National Security Presidential Memorandum–4, Apr. 4, 2017, 82 F.R. 16881, provided:
Memorandum for the Vice President[,] the Secretary of State[,] the Secretary of the Treasury[,] the Secretary of Defense[,] the Attorney General[,] the Secretary of Agriculture[,] the Secretary of Health and Human Services[,] the Secretary of Transportation[,] the Secretary of Commerce[,] the Secretary of Energy[,] the Secretary of Homeland Security[,] the Assistant to the President and Chief of Staff[,] the Director of the Office of Management and Budget[,] the Representative of the United States to the United Nations[,] the United States Trade Representative[,] the Chairman of the Council of Economic Advisers[,] the Chairman of the Board of Governors of the Federal Reserve System[,] the Director of National Intelligence[,] the Director of the Central Intelligence Agency[,] the Chairman of the Joint Chiefs of Staff[,] the Assistant to the President for National Security Affairs[,] the Assistant to the President for Homeland Security and Counterterrorism[,] the Assistant to the President for Economic Policy[,] the Assistant to the President for Trade and Manufacturing Policy[,] the Assistant to the President for Intragovernmental and Technology Initiatives[,] the Counsel to the President[,] the Deputy Assistant to the President and National Security Advisor to the Vice President[,] the Administrator of the United States Agency for International Development[,] the Administrator of the National Aeronautics and Space Administration[,] the Chairman of the Nuclear Regulatory Commission[,] the Director of the Federal Bureau of Investigation[,] the Director of the Office of Science and Technology Policy[,] the Director of National Drug Control Policy[,] the Chairman of the President's Intelligence Advisory Board[,] the Administrator of the Federal Emergency Management Agency[, and] the Archivist of the United States
As President, my highest priority is to ensure the safety and security of the American people. In order to advise and assist me in executing this solemn responsibility, as well as to protect and advance the national interests of the United States at home and abroad, I hereby direct that my system for national security policy development and decision making shall be organized as follows:
A. The National Security Council, the Homeland Security Council, and Supporting Staff
The National Security Act of 1947, as amended, established the National Security Council (NSC) to advise the President with respect to the integration of domestic, foreign, and military policies relating to the national security. There is also a Homeland Security Council (HSC)—established through Executive Order 13228 of October 8, 2001, and subsequently codified in the Homeland Security Act of 2002—that has the purpose of advising the President on matters pertaining to homeland security. Each Council is also responsible for the effective coordination of the security-related activities and functions of the executive departments and agencies.
The security threats facing the United States in the 21st century transcend international boundaries. Accordingly, the United States Government's decision-making structures and processes to address these challenges must remain equally adaptive and transformative. Both Councils are statutory bodies that the President will continue to chair. Invitations to participate in specific Council meetings shall be extended to those heads of executive departments and agencies, and other senior officials, who are needed to address the issue or issues under consideration. When the President is absent from a meeting of either Council, the Vice President may preside at the President's direction.
The Assistant to the President for National Security Affairs (National Security Advisor) shall be responsible, as appropriate and at the President's direction, for determining the agenda for the NSC or HSC, respectively, ensuring that the necessary papers are prepared and recording Council actions and Presidential decisions in a timely manner. The Assistant to the President for Homeland Security and Counterterrorism (Homeland Security Advisor) may, at the sole discretion of the National Security Advisor, perform those functions. When international economic issues are on the agenda of the NSC, the Assistant to the President for Economic Policy may, at the sole discretion of the National Security Advisor, perform those functions.
The NSC and HSC shall have as their regular attendees (both statutory and non-statutory) the President, the Vice President, the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Attorney General, the Secretary of Energy, the Secretary of Homeland Security, the National Security Advisor, the Homeland Security Advisor, and the Representative of the United States to the United Nations. The Director of National Intelligence and the Chairman of the Joint Chiefs of Staff, as statutory advisors to the NSC, shall also be regular attendees, as will the Director of the Central Intelligence Agency.
When international economic issues are on the agenda of the NSC, the NSC's regular attendees will include the Secretary of Commerce, the United States Trade Representative, and the Assistant to the President for Economic Policy.
The Assistant to the President and Chief of Staff (Chief of Staff to the President), the Counsel to the President, the Deputy Counsel to the President for National Security Affairs, and the Director of the Office of Management and Budget are invited as attendees to any NSC meeting.
In addition to the NSC and HSC, there is also a single NSC staff within the Executive Office of the President that serves both the NSC and HSC. The staff is composed of regional, issue-focused, and functional directorates and headed by a single civilian Executive Secretary, pursuant to
B. The Principals Committee
The Principals Committee (PC) shall continue to serve as the Cabinet-level senior interagency forum for considering policy issues that affect the national security interests of the United States. The PC shall be convened and chaired by the National Security Advisor. The Homeland Security Advisor may, at the sole discretion of the National Security Advisor, also convene and chair the PC. The Chair shall determine the agenda in consultation with the appropriate committee members, and the Executive Secretary shall ensure that necessary papers are prepared, and that conclusions and decisions are communicated in a timely manner. Invitations to participate in or attend a specific PC shall be extended at the discretion of the Chair, and may include those Cabinet-level heads of executive departments and agencies, and other senior officials, who are needed to address any issue under consideration.
The PC shall have as its regular attendees the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Attorney General, the Secretary of Energy, the Secretary of Homeland Security, the Chief of Staff to the President, the Director of National Intelligence, the Chairman of the Joint Chiefs of Staff, the Director of the Central Intelligence Agency, the National Security Advisor, the Homeland Security Advisor, and the Representative of the United States to the United Nations. The Counsel to the President, the Deputy Counsel to the President for National Security Affairs, and the Director of the Office of Management and Budget may attend all PC meetings.
The Assistant to the President and Deputy National Security Advisor (Deputy National Security Advisor), the Deputy National Security Advisor for Strategy, the Deputy Assistant to the President and National Security Advisor to the Vice President, and the Executive Secretary (who shall serve as the Executive Secretary of the PC) shall attend all of the meetings of the PC, and the Assistant to the President for Intragovernmental and Technology Initiatives may attend as appropriate.
When international economic issues are on the agenda of the PC, the Committee's regular attendees will include the Secretary of Commerce, the United States Trade Representative, and the Assistant to the President for Economic Policy (who shall serve as Chair for agenda items that principally pertain to international economics).
C. The Deputies Committee
The Deputies Committee (DC) shall continue to serve as the senior sub-Cabinet interagency forum for consideration of, and where appropriate, decision making on, policy issues that affect the national security interests of the United States. The DC shall be convened and chaired by the Deputy National Security Advisor. The Deputy Homeland Security Advisor may, at the sole discretion of the National Security Advisor, also convene and Chair the DC. The Chair shall determine the agenda in consultation with the regular DC attendees, and the Executive Secretary shall ensure that necessary papers are prepared and that conclusions and decisions are communicated in a timely manner. Invitations to participate in or attend a specific DC meeting shall be extended by the Chair to those at the Deputy Secretary or Under Secretary level of executive departments and agencies, and to other senior officials, who are needed to address any issue under consideration.
The DC shall have as its regular attendees the Deputy Secretary of State, the Deputy Secretary of the Treasury, the Deputy Secretary of Defense, the Deputy Attorney General, the Deputy Secretary of Energy, the Deputy Secretary of Homeland Security, the Deputy Director of the Office of Management and Budget, the Deputy Director of National Intelligence, the Vice Chairman of the Joint Chiefs of Staff, the Deputy Director of the Central Intelligence Agency, the Deputy National Security Advisor, the Deputy National Security Advisor for Strategy, the Deputy Homeland Security Advisor, the Deputy Assistant to the President and National Security Advisor to the Vice President, and the Administrator of the United States Agency for International Development.
The Executive Secretary shall attend the DC meetings. The Deputy Counsel to the President for National Security Affairs may attend all DC meetings. Other senior officials, including the Deputy Representative of the United States to the United Nations, may be invited when appropriate.
The DC shall review and monitor the work of the interagency national security process, including the interagency groups established pursuant to section D below. The DC shall help to ensure that issues brought before the NSC, HSC, and PC have been properly analyzed and prepared for decision. The DC shall also focus significant attention on monitoring the implementation of policies and decisions and shall conduct periodic reviews of the Administration's major national security and foreign policy initiatives. The DC is responsible for establishing Policy Coordination Committees (PCCs) and for providing objectives and clear guidance.
D. Policy Coordination Committees
Management of the development and implementation of national security policies by multiple executive departments and agencies typically shall be accomplished by the PCCs, with participation primarily occurring at the Assistant Secretary level. As the main day-to-day fora for interagency coordination of national security policies, the PCCs shall provide policy analysis for consideration by the more senior committees of the national security system and ensure timely responses to the President's decisions.
Regional and issue-related PCCs shall be established at the direction of the DC. Members of the NSC staff (or National Economic Council staff, as appropriate) will chair the PCCs; the DC, at its discretion, may add co-chairs to any PCC. The PCCs shall review and coordinate the implementation of Presidential decisions in their respective policy areas. The Chair of each PCC, in consultation with the Executive Secretary, shall invite representatives of other executive departments and agencies to attend meetings of the PCC where appropriate. The Chair of each PCC, with the agreement of the Executive Secretary, may establish subordinate working groups to assist that PCC in the performance of its duties.
E. General
The President and the Vice President may attend any and all meetings of any entity established by or under this memorandum.
This document is part of a series of National Security Presidential Memoranda, which have replaced both Presidential Policy Directives and Presidential Study Directives as the instrument for communicating relevant Presidential decisions. This memorandum shall supersede all other existing Presidential directives and guidance on the organization or support of the NSC and the HSC, including National Security Presidential Memorandum–2 (January 28, 2017), which is hereby revoked. With regard to its application to economic matters, this document shall be interpreted in concert with any Executive Order governing the National Economic Council and with Presidential Memoranda signed hereafter that implement it or those Executive Orders.
The Secretary of Defense is hereby authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.
§3022. 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 meetings of the Joint Intelligence Community Council as the Director considers appropriate.
(e) Advice and opinions of members other than Chairman
(1) A member of the Joint Intelligence Community Council (other than the Chairman) may submit to the Chairman advice or an opinion in disagreement with, or advice or an opinion in addition to, the advice presented by the Director of National Intelligence to the President or the National Security Council, in the role of the Chairman as Chairman of the Joint Intelligence Community Council. If a member submits such advice or opinion, the Chairman shall present the advice or opinion of such member at the same time the Chairman presents the advice of the Chairman to the President or the National Security Council, as the case may be.
(2) The Chairman shall establish procedures to ensure that the presentation of the advice of the Chairman to the President or the National Security Council is not unduly delayed by reason of the submission of the individual advice or opinion of another member of the Council.
(f) Recommendations to Congress
Any member of the Joint Intelligence Community Council may make such recommendations to Congress relating to the intelligence community as such member considers appropriate.
(July 26, 1947, ch. 343, title I, §101A, as added
Editorial Notes
Codification
Section was formerly classified to
Amendments
2019—Subsec. (d).
Statutory Notes and Related Subsidiaries
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
§3023. 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
Editorial Notes
References in Text
Section 1018 of the National Security Intelligence Reform Act of 2004, referred to in subsec. (b)(3), is section 1018 of
Codification
Section was formerly classified to
Prior Provisions
A prior section 102 of act July 26, 1947, ch. 343, title I, as added and amended
Another prior section 102 of act July 26, 1947, ch. 343, title I,
Statutory Notes and Related Subsidiaries
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
Merger of the Foreign Counterintelligence Program and the General Defense Intelligence Program
[For definition of "congressional intelligence committees" as used in section 314 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)
Report on Lessons Learned From Military Operations in Iraq
Central Intelligence Agency Retirement and Disability System
Executive Documents
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
§3024. 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 shall include audits and evaluations.
(D) Consistent with subparagraph (C), the Director of National Intelligence shall ensure that the programs and activities that are part of the National Intelligence Program, including those of the Federal Bureau of Investigation, are structured and executed in a manner than enables budget traceability.
(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) For each of the fiscal years 2010, 2011, and 2012, 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) 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, the National Counterproliferation Center, and the National Counterintelligence and Security 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, binding personnel policies and programs applicable to the intelligence community that—
(i) require and facilitate assignments and details of personnel to national intelligence centers, and between elements of the intelligence community over the course of the careers of such personnel;
(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) require service in more than one element of the intelligence community as a condition of promotion to such positions within the intelligence community as the Director shall specify, and take requisite steps to ensure compliance among elements of the intelligence community; 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—
(A) conduct assessments and audits of the compliance of each element of the intelligence community with minimum insider threat policy;
(B) receive information from each element of the intelligence community regarding the collection, sharing, and use by such element of audit and monitoring data for insider threat detection across all classified and unclassified information technology systems within such element;
(C) provide guidance and oversight to Federal departments and agencies to fully implement automated records checks, consistent with personnel vetting reforms and the Trusted Workforce 2.0 initiative, or successor initiative, and ensure that information collected pursuant to such records checks is appropriately shared in support of intelligence community-wide insider threat initiatives;
(D) carry out evaluations of the effectiveness of counterintelligence, security, and insider threat program activities of each element of the intelligence community, including with respect to the lowest organizational unit of each such element, that include an identification of any gaps, shortfalls, or resource needs of each such element;
(E) identify gaps, shortfalls, resources needs, and recommendations for adjustments in allocations and additional resources and other remedies to strengthen counterintelligence, security, and insider threat detection programs;
(F) pursuant to final damage assessments facilitated by the National Counterintelligence and Security Center that have been undertaken as a result of an unauthorized disclosure, determine whether the heads of the elements of the intelligence community implement recommended mitigation, and notify the congressional intelligence committees of such determinations and notify the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives in cases involving elements of the intelligence community withing the Department of Defense; and
(G) study the data collected during the course of background investigations and adjudications for security clearances granted to individuals who subsequently commit unauthorized disclosures, and issue findings regarding the quality of such data as a predictor for insider threat activity, delineated by the severity of the unauthorized disclosure.
(9) The Director of National Intelligence shall ensure there is established a policy for minimum insider threat standards for the intelligence community and ensure compliance by the elements of the intelligence community with that policy.
(10) The Director of National Intelligence shall perform such other intelligence-related functions as the President may direct.
(11) 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) The Director of National Intelligence shall, in a timely manner, report to Congress any statute, regulation, policy, or practice that the Director believes impedes the ability of the Director to fully and effectively ensure maximum availability of access to intelligence information within the intelligence community consistent with the protection of the national security of the United States.
(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 require sound analytic methods and tradecraft, independent of political considerations, 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 substantial differences in analytic judgment are fully considered, brought to the attention of policymakers, and documented in analytic products; 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, and shall establish and enforce policies to 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 requirements 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.
(4)(A) Each head of an element of the intelligence community shall ensure that any congressionally mandated report submitted to Congress by the head, other than such a report submitted solely to the congressional intelligence committees, shall be consistent with the protection of intelligence sources and methods in accordance with the policies established by the Director under paragraph (1), regardless of whether the provision of law mandating the report explicitly requires such protection.
(B) Nothing in this paragraph shall be construed to alter any congressional leadership's or congressional committee's jurisdiction or access to information from any element of the intelligence community under the rules of either chamber of Congress.
(j) Uniform procedures for classified 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;
(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;
(5) ensure that the background of each employee or officer of an element of the intelligence community, each contractor to an element of the intelligence community, and each individual employee of such a contractor who has been determined to be eligible for access to classified information is monitored on a continual basis under standards developed by the Director, including with respect to the frequency of evaluation, during the period of eligibility of such employee or officer of an element of the intelligence community, such contractor, or such individual employee to such a contractor to determine whether such employee or officer of an element of the intelligence community, such contractor, and such individual employee of such a contractor continues to meet the requirements for eligibility for access to classified information; and
(6) develop procedures to require information sharing between elements of the intelligence community concerning potentially derogatory security information regarding an employee or officer of an element of the intelligence community, a contractor to an element of the intelligence community, or an individual employee of such a contractor that may impact the eligibility of such employee or officer of an element of the intelligence community, such contractor, or such individual employee of such a contractor for a security clearance.
(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
(D) The mechanisms prescribed under subparagraph (A) and any other policies of the Director—
(i) may not require an employee of an office of inspector general for an element of the intelligence community, including the Office of the Inspector General of the Intelligence Community, to rotate to a position in an office or organization of such an element over which such office of inspector general exercises jurisdiction; and
(ii) shall be implemented in a manner that exempts employees of an office of inspector general from a rotation that may impact the independence of such office.
(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), 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 [
(5) Any authority provided to the Director of National Intelligence or the head of an element of the intelligence community pursuant to this subsection to make an expenditure referred to in subsection (a) of section 8 of the Central Intelligence Agency Act of 1949 (
(6)
(A)
(B)
(ii) The heads of elements of the intelligence community shall, to the maximum extent practicable, delegate the authority delegated under clause (i) to the official of the respective element of the intelligence community responsible for decisions with respect to basic, applied, or advanced research activities or the adoption of such activities within such element.
(C)
(ii) Subject to section 4022(a)(2) of such title, the Director may enter into transactions and agreements (other than contracts, cooperative agreements, and grants) of amounts not to exceed $75,000,000 under this paragraph to carry out basic, applied, and advanced research projects and prototype projects in support of intelligence activities.
(iii) For purposes of this paragraph, the limitations specified in section 4022(a)(2) of such title shall apply to the intelligence community in lieu of the Department of Defense, and the Director shall—
(I) identify appropriate officials who can make the determinations required in subparagraph (B)(i) of such section for the intelligence community; and
(II) brief the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives in lieu of the congressional defense committees, as specified in subparagraph (B)(ii) of such section.
(iv) For purposes of this paragraph, the limitation in section 4022(a)(3) of such title shall not apply to elements of the intelligence community.
(v) In carrying out this paragraph, section 4022(d)(1) of such title shall be applied by substituting "Director of National Intelligence" for "Secretary of Defense".
(vi) For purposes of this paragraph, the limitations in section 4022(d)(2) of such title shall not apply to elements of the intelligence community.
(vii) In addition to the follow-on production contract criteria in section 4022(f)(2) of such title, the following additional criteria shall apply:
(I) The authorizing official of the relevant element of the intelligence community determines that Government users of the proposed production product or production service have been consulted.
(II) In the case of a proposed production product that is software, there are mechanisms in place for Government users to provide ongoing feedback to participants to the follow-on production contract.
(III) In the case of a proposed production product that is software, there are mechanisms in place to promote the interoperability and accessibility with and between Government and commercial software providers, including by the promotion of open application programming interfaces and requirement of appropriate software documentation.
(IV) The award follows a documented market analysis as mandated by the Federal Acquisition Regulations surveying available and comparable products.
(V) In the case of a proposed production product that is software, the follow-on production contract includes a requirement that, for the duration of such contract (or such other period of time as may be agreed to as a term of such contract)—
(aa) the participants provide the most up-to-date version of the product that is available in the commercial marketplace and is consistent with security requirements;
(bb) there are mechanisms in place for the participants to provide timely updates to the production product; and
(cc) the authority specified in section 4022(f)(5) of such title shall be exercised by the Director in lieu of the Secretary of Defense.
(D)
(i) not later than 180 days after December 23, 2022, establish and implement an intelligence community-wide policy prescribing the use and limitations of the authority under this paragraph, particularly with respect to the application of subparagraphs (B) and (C);
(ii) periodically review and update the policy established under clause (i); and
(iii) submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives the policy when established under clause (i) or updated under clause (ii).
(E)
(i)
(ii)
(I)
(aa) The number of transactions.
(bb) The participants to such transactions.
(cc) The purpose of the transaction.
(dd) The amount of each transaction.
(ee) Concerns with the efficiency of the policy.
(ff) Any recommendations for how to improve the process.
(II)
(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) Certain Responsibilities of Director of National Intelligence Relating to National Intelligence Program
(1) 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.
(2) Consistent with subsection (c)(5)(C), the Director of National Intelligence shall, after consultation with the Director of the Federal Bureau of Investigation, ensure that the programs and activities of the Federal Bureau of Investigation that are part of the National Intelligence Program are executed in a manner that conforms with the requirements of the national intelligence strategy under
(3) Not later than March 1 of each year, the President, acting through the Director of National Intelligence, shall submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives a copy of the most recently updated National Intelligence Priorities Framework of the Office of the Director of National Intelligence (or any such successor mechanism).
(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, security risks, 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 section 3126(1) 1 of this title).
(u) Conflict of interest regulations
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.
(v) Authority to establish positions in excepted service
(1) The Director of National Intelligence, with the concurrence of the head of the covered department concerned and in consultation with the Director of the Office of Personnel Management, may—
(A) convert competitive service positions, and the incumbents of such positions, within an element of the intelligence community in such department, to excepted service positions as the Director of National Intelligence determines necessary to carry out the intelligence functions of such element; and
(B) establish new positions in the excepted service within an element of the intelligence community in such department, if the Director of National Intelligence determines such positions are necessary to carry out the intelligence functions of such element.
(2) An incumbent occupying a position on January 3, 2012, selected to be converted to the excepted service under this section shall have the right to refuse such conversion. Once such individual no longer occupies the position, the position may be converted to the excepted service.
(3) A covered department may appoint an individual to a position converted or established pursuant to this subsection without regard to the civil-service laws, including parts II and III of title 5.
(4) In this subsection, the term "covered department" means the Department of Energy, the Department of Homeland Security, the Department of State, or the Department of the Treasury.
(w) Nuclear Proliferation Assessment Statements intelligence community addendum
The Director of National Intelligence, in consultation with the heads of the appropriate elements of the intelligence community and the Secretary of State, shall provide to the President, the congressional intelligence committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate an addendum to each Nuclear Proliferation Assessment Statement accompanying a civilian nuclear cooperation agreement, containing a comprehensive analysis of the country's export control system with respect to nuclear-related matters, including interactions with other countries of proliferation concern and the actual or suspected nuclear, dual-use, or missile-related transfers to such countries.
(x) Requirements for intelligence community contractors
The Director of National Intelligence, in consultation with the heads of the elements of the intelligence community, shall—
(1) ensure that—
(A) any contractor to an element of the intelligence community with access to a classified network or classified information develops and operates a security plan that is consistent with standards established by the Director of National Intelligence for intelligence community networks; and
(B) each contract awarded by an element of the intelligence community includes provisions requiring the contractor comply with such plan and such standards;
(2) conduct periodic assessments of each security plan required under paragraph (1)(A) to ensure such security plan complies with the requirements of such paragraph; and
(3) ensure that the insider threat detection capabilities and insider threat policies of the intelligence community, including the policy under subsection (f)(8), apply to facilities of contractors with access to a classified network.
(y) Fundraising
(1) The Director of National Intelligence may engage in fundraising in an official capacity for the benefit of nonprofit organizations that—
(A) provide support to surviving family members of a deceased employee of an element of the intelligence community; or
(B) otherwise provide support for the welfare, education, or recreation of employees of an element of the intelligence community, former employees of an element of the intelligence community, or family members of such employees.
(2) In this subsection, the term "fundraising" means the raising of funds through the active participation in the promotion, production, or presentation of an event designed to raise funds and does not include the direct solicitation of money by any other means.
(3) Not later than 7 days after the date the Director engages in fundraising authorized by this subsection or at the time the decision is made to participate in such fundraising, the Director shall notify the congressional intelligence committees of such fundraising.
(4) The Director, in consultation with the Director of the Office of Government Ethics, shall issue regulations to carry out the authority provided in this subsection. Such regulations shall ensure that such authority is exercised in a manner that is consistent with all relevant ethical constraints and principles, including the avoidance of any prohibited conflict of interest or appearance of impropriety.
(z) Analyses and impact statements regarding proposed investment into the United States
(1) Not later than 20 days after the completion of a review or an investigation of any proposed investment into the United States for which the Director has prepared analytic materials, the Director shall submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representative copies of such analytic materials, including any supplements or amendments to such analysis made by the Director.
(2) Not later than 60 days after the completion of consideration by the United States Government of any investment described in paragraph (1), the Director shall determine whether such investment will have an operational impact on the intelligence community, and, if so, shall submit a report on such impact to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives. Each such report shall—
(A) describe the operational impact of the investment on the intelligence community; and
(B) describe any actions that have been or will be taken to mitigate such impact.
(July 26, 1947, ch. 343, title I, §102A, as added
Editorial Notes
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), (11), is
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
Section was formerly classified to
In subsec. (q)(4)(B), "
Prior Provisions
A prior section 102A of act July 26, 1947, ch. 343, title I, as added
Another prior section 102a of act July 26, 1947, ch. 343, title I, as added
Amendments
2023—Subsec. (f)(3)(A).
Subsec. (f)(3)(A)(i).
Subsec. (f)(3)(A)(v).
Subsec. (f)(8) to (11).
Subsec. (n)(5), (6).
Subsec. (p)(3).
2022—Subsec. (c)(5)(C).
Subsec. (c)(5)(D).
Subsec. (f)(8).
Subsec. (f)(9), (10).
Subsec. (h)(1)(A).
Subsec. (h)(3).
Subsec. (i)(1).
Subsec. (i)(2).
Subsec. (i)(4).
Subsec. (m)(1).
Subsec. (n)(5).
Subsec. (p).
Subsec. (p)(3).
Subsec. (x).
Subsec. (x)(3).
2019—Subsec. (g)(1)(G).
Subsec. (q)(1)(A).
Subsec. (v)(3).
2017—Subsec. (f)(2).
Subsec. (l)(3)(D).
Subsec. (y).
Subsec. (z).
2015—Subsec. (u).
Subsec. (v)(3), (4).
2014—Subsec. (g)(4).
Subsec. (j).
Subsec. (j)(5), (6).
Subsec. (x).
2012—Subsec. (e)(3)(D).
Subsec. (v).
Subsec. (w).
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).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Effective Date of 2014 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
Policy and Performance Framework for Mobility of Intelligence Community Workforce
"(a)
"(b)
"(1) Human resources.
"(2) Medical reviews.
"(3) Determinations of suitability or eligibility for access to classified information in accordance with Executive Order 13467 (
[For definition of "intelligence community" as used in section 7302 of
Intelligence Community Commercial Remote Sensing Requirements
"(a)
"(1) the United States benefits from a robust commercial remote sensing industry that supports a science, technology, engineering, and mathematics academic pipeline, enables skilled manufacturing jobs, and fosters technological innovation;
"(2) commercial remote sensing capabilities complement and augment dedicated Government remote sensing capabilities, both when integrated into Government architectures and leveraged as stand-alone services;
"(3) the Director of National Intelligence and Under Secretary of Defense for Intelligence and Security should serve as the United States Government leads for commercial remote sensing procurement and seek to accommodate commercial remote sensing needs of the intelligence community, the Department of Defense, and Federal civil organizations under the preview of the cognizant functional managers; and
"(4) a transparent, sustained investment by the United States Government in commercial remote sensing capabilities—
"(A) is required to strengthen the United States commercial remote sensing commercial industry; and
"(B) should include electro-optical, synthetic aperture radar, hyperspectral, and radio frequency detection and other innovative phenemonology that may have national security applications.
"(b)
"(1) Validation of the current and long-term commercial remote sensing capability needs, as determined by the relevant functional managers, of the Department of Defense, the intelligence community, and Federal civil users under the preview of the cognizant functional managers.
"(2) Development of commercial remote sensing requirements documents that are unclassified and releasable to United States commercial industry.
"(3) Development of a cost estimate that is unclassified and releasable to United States commercial industry, covering at least 5 years, associated with fulfilling the requirements contained in the commercial remote sensing requirements documents referred developed under paragraph (2).
"(c)
"(d)
"(1)
"(2)
"(A) the congressional intelligence committees;
"(B) the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives];
"(C) the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives; and
"(D) the Subcommittee on Defense of the Committee on Appropriations of the Senate."
[For definitions of "intelligence community" and "congressional intelligence committees" as used in section 7509 of
Improving Onboarding of Personnel in Intelligence Community
"(a)
"(1) the date on which the individual is offered one or more entrance on duty dates; or
"(2) the date on which the individual enters on duty.
"(b)
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
"(e)
[For definitions of "intelligence community" and "congressional intelligence committees" as used in section 6601 of
Implementation Plan and Advisability Study for Offices of Commercial Integration
"(a)
"(1)
"(A) a plan for the establishment of a centralized office or offices within each appropriate element of the intelligence community, to be known as the 'Office of Commercial Integration', for the purpose of—
"(i) assisting persons desiring to submit an offer for a contract with the intelligence community; and
"(ii) assisting with the procurement of commercial products and commercial services; and
"(B) the findings of a study conducted by the Director into the advisability of implementing such plan, including an assessment of—
"(i) whether there should be a single Office of Commercial Integration for the intelligence community or whether each element of the intelligence community shall establish such an Office;
"(ii) the costs and benefits of the implementation of such plan; and
"(iii) whether there is within any element of the intelligence community an existing office or program similar to the proposed Office of Commercial Integration.
"(2)
"(A) A recommendation by the Director, based on the findings of the study under paragraph (1)(B), on—
"(i) how the plan under paragraph (1)(A) compares to specific alternative actions of the intelligence community that could be taken to assist persons desiring to submit an offer for a contract with the intelligence community and assist with the procurement of commercial products and commercial services; and
"(ii) whether to implement such plan.
"(B) A proposal for the designation of a senior official of the Office of the Director of National Intelligence who would be responsible for the coordination across the intelligence community or across the Offices of Commercial Integration, depending on the findings of the study under paragraph (1)(B).
"(C) Draft guidelines that would require the coordination and sharing of best practices and other information across the intelligence community.
"(D) A timeline of the steps that would be necessary to establish each Office of Commercial Integration by the date that is not later than 2 years after the date of the enactment of this Act.
"(E) An assessment of the personnel requirements, and any other resource requirements, that would be necessary to establish the Office or Offices of Commercial Integration by such date, including—
"(i) the amount of personnel necessary for the establishment of the Office or Offices of Commercial Integration; and
"(ii) the necessary qualifications of any such personnel.
"(F) Policies regarding the types of assistance that, if an Office or Offices of Commercial Integration were to be established, could be provided to contractors by the Director of such Office, taking into account the role of such assistance as an incentive for emerging technology companies to enter into contracts with the heads of the elements of the intelligence community.
"(G) Eligibility criteria for determining the types of offerors or contractors that would be eligible to receive assistance provided by each Office of Commercial Integration.
"(H) Policies regarding outreach efforts that would be required to be conducted by the Office or Offices of Commercial Integration with respect to eligible contractors.
"(I) Policies regarding how the intelligence community would coordinate with the Director of the Federal Bureau of Investigation to provide proactive counterintelligence risk analysis and assistance to entities in the private sector.
"(J) Draft guidelines that would require the Office or Offices of Commercial Integration to appoint and assign personnel with expertise in a range of disciplines necessary for the accelerated integration of commercial technologies into the intelligence community (as determined by the Office or Offices of Commercial Integration), including expertise in the following:
"(i) Authorizations to operate.
"(ii) Contracting.
"(iii) Facility clearances.
"(iv) Security clearances.
"(K) Such other intelligence community-wide policies as the Director of National Intelligence may prescribe relating to the improvement of commercial integration (and the coordination of such improvements) by and among the elements of the intelligence community.
"(b)
"(1)
"(2)
"(A) information, as appropriate, on the elements under subsection (a)(2) relating to that Office; and
"(B) contact information for the relevant senior officers of the Office or Offices."
[For definitions of "intelligence community" and "congressional intelligence committees" as used in section 6712 of
[For definitions of "commercial product", "commercial service", "emerging technology", and "authorization to operate" as used in section 6712 of
Pilot Program on Designated Emerging Technology Transition Projects
"(a)
"(b)
"(1)
"(2)
"(A) Each head of an element of the intelligence community shall submit to the Director of National Intelligence a prioritized list of not more than 10 eligible projects per year to be considered for designation by the Director of National Intelligence as Emerging Technology Transition Projects during the budget formulation process.
"(B) The Director of National Intelligence shall designate not more than 10 eligible projects per year as Emerging Technology Transition Projects.
"(C) No eligible project may be designated by the Director of National Intelligence as an Emerging Technology Transition Project unless the head of an element of the intelligence community includes the project in the prioritized list under subparagraph (A) and submits to the Director of National Intelligence, with respect to the project, each of the following:
"(i) A justification of why the product was nominated for transition, including a description of the importance of the proposed product to the mission of the intelligence community and the nominating agency.
"(ii) A certification that the project provides new technologies or processes, or new applications of existing technologies, that shall enable more effective alternatives to existing programs, systems, or initiatives of the intelligence community.
"(iii) A certification that the project provides future cost savings, significantly reduces the time to deliver capabilities to the intelligence community, or significantly improves a capability of the intelligence community.
"(iv) A certification that funding is not proposed for the project in the budget request of the respective covered element for the fiscal year following the fiscal year in which the project is submitted for consideration.
"(v) A certification in writing by the nominating head that the project meets all applicable criteria and requirements of the respective covered element for transition to production and that the nominating head would fund the project if additional funds were made available for such purpose.
"(vi) A description of the means by which the proposed production product shall be incorporated into the activities and long-term budget of the respective covered element following such transition.
"(vii) A description of steps taken to ensure that the use of the product shall reflect commercial best practices, as applicable.
"(D) A clear description of the selection of eligible projects, including specific criteria, that shall include, at a minimum, the requirements specified in subparagraph (C).
"(E) The designation of an official responsible for implementing this section and coordinating with the heads of the elements of the intelligence community with respect to the guidelines issued pursuant to paragraph (1) and overseeing the awards of funds to Emerging Technology Transition Projects with respect to that element.
"(3)
"(A) the Director of National Intelligence; or
"(B) the relevant head of a covered element of the intelligence community that previously submitted a project under subsection (b), in consultation with the Director of National Intelligence.
"(c)
"(1)
"(2)
"(3)
"(d)
"(1)
"(A) A description of each designated project.
"(B) A summary of the potential of each designated project, as specified in subsection (b)(2)(C).
"(C) For each designated project, a description of the progress made toward delivering on such potential.
"(D) A description of any funding proposed for the designated project in the future-years intelligence program, including by program, appropriation account, expenditure center, and project.
"(E) Such other information on the status of such pilot program as the Director considers appropriate.
"(2)
"(e)
"(f)
"(1) The Office of the Director of National Intelligence.
"(2) The Central Intelligence Agency.
"(3) The National Security Agency.
"(4) The National Geospatial-Intelligence Agency.
"(5) The National Reconnaissance Office.
"(6) The Defense Intelligence Agency."
[For definitions of "intelligence community" and "congressional intelligence committees" as used in section 6713 of
Harmonization of Authorizations To Operate
"(a)
"(1) the congressional intelligence committees;
"(2) the Committee on Armed Services of the Senate;
"(3) the Committee on Appropriations of the Senate;
"(4) the Committee on Armed Services of the House of Representatives; and
"(5) the Committee on Appropriations of the House of Representatives.
"(b)
"(c)
"(d)
"(1) A policy for reciprocal recognition, as appropriate, among the elements of the intelligence community and the Department of Defense of authorizations to operate held by commercial providers. Such reciprocal recognition shall be limited to authorizations to operate for systems that collect, process, maintain, use, share, disseminate, or dispose of data classified at an equal or lower classification level than the original authorization.
"(2) Procedures under which, subject to such criteria as may be prescribed by the Director of National Intelligence jointly with the Secretary of Defense, a provider that holds an authorization to operate for a Department of Defense or intelligence community system may provide to the head of an element of the intelligence community or the Department of Defense the most recently updated version of any software, data, or application for use on such system without being required to submit an application for new or renewed authorization.
"(3) Procedures for the review, renewal, and revocation of authorizations to operate held by commercial providers, including procedures for maintaining continuous authorizations to operate, subject to such conditions as may be prescribed by the Director of National Intelligence, in coordination with the Secretary of Defense. Such procedures may encourage greater use of modern security practices already being adopted by the Department of Defense and other Federal agencies, such as continuous authorization with system security focused on continuous monitoring of risk and security controls, active system defense, and the use of an approved mechanism for secure and continuous delivery of software (commonly referred to as 'DevSecOps').
"(4) A policy for the harmonization of documentation requirements for commercial providers submitting applications for authorizations to operate, with the goal of a uniform requirement across the Department of Defense and the elements of the intelligence community (subject to exceptions established by the Director and the Secretary). Such policy shall include the following requirements:
"(A) A requirement for the full disclosure of evidence in the reciprocity process across the Department of Defense and the elements of the intelligence community.
"(B) With respect to a system with an existing authorization to operate, a requirement for approval by the Chief Information Officer or a designated official (as the head of the respective element of the intelligence community determines appropriate) for such system to operate at an equal or higher level classification level, to be granted prior to the performance of an additional security assessment with respect to such system, and regardless of which element of the intelligence community or Department of Defense granted the original authorization.
"(5) A requirement to establish a joint secure portal of the Office of the Director of National Intelligence and the Department of Defense for the maintenance of records, applications, and system requirements for authorizations to operate.
"(6) A plan to examine, and if necessary, address, the shortage of intelligence community and Department of Defense personnel authorized to support and grant an authorization to operate. Such plan shall include—
"(A) a report on the current average wait times for authorizations to operate and backlogs, disaggregated by each element of the intelligence community and the Department of Defense;
"(B) appropriate recommendations to increase pay or implement other incentives to recruit and retain such personnel; and
"(C) a plan to leverage independent third-party assessment organizations to support assessments of applications for authorizations to operate.
"(7) Procedures to ensure data security and safety with respect to the implementation of the protocol.
"(8) A proposed timeline for the implementation of the protocol by the deadline specified in subsection (g).
"(e)
"(1) the Director of National Intelligence shall designate an official of the Office of the Director of National Intelligence responsible for implementing this section on behalf of the Director and leading coordination across the intelligence community for such implementation;
"(2) the Secretary of Defense shall designate an official of the Department of Defense responsible for implementing this section on behalf of the Secretary and leading coordination across the Department of Defense for such implementation; and
"(3) each head of an element of the intelligence community shall designate an official of that element responsible for implementing this section and overseeing implementation of the protocol under subsection (b) with respect to the element.
"(f)
"(g)
[For definitions of "congressional intelligence committees" and "intelligence community" as used in section 6714 of
[For definition of "authorization to operate" as used in section 6714 of
Compliance by Intelligence Community With Requirements of Federal Acquisition Regulation Relating to Commercially Available Off-the-Shelf Items and Commercial Services
"(a)
"(1)
"(2)
"(A) Written criteria for an element of the intelligence community to evaluate when a procurement of a covered item or service is permissible, including—
"(i) requiring the element to conduct an independent market analysis to determine whether a commercially available off-the-shelf item, nondevelopmental item, or commercial service is viable; and
"(ii) a description of the offeror for such covered item or service and how the covered item or service to be acquired will be integrated into existing systems of the intelligence community.
"(B) A detailed set of performance measures for the acquisition personnel of the intelligence community that—
"(i) prioritizes adherence to parts 10 and 12 of the Federal Acquisition Regulation;
"(ii) encourages acquisition of commercially available off-the-shelf items, nondevelopmental items, or commercial services; and
"(iii) incentivizes such personnel of the intelligence community that enter into contracts for covered items or services only when necessary.
"(3)
"(A) the policy developed pursuant to paragraph (1); and
"(B) the plan to implement such policy by not later than 1 year after the date of such enactment.
"(4)
"(b)
"(1)
"(2)
"(A) An evaluation of the success of the policy, including with respect to the progress the elements have made in complying with parts 10 and 12 of the Federal Acquisition Regulation.
"(B) A description of how any market analyses are conducted pursuant to subsection (a)(2)(A)(i).
"(C) Any recommendations to improve compliance with such parts 10 and 12."
[For definitions of "intelligence community" and "congressional intelligence committees" as used in section 6716 of
[For definitions of "covered item or service", "commercial product", and "commercial service" as used in section 6716 of
Policy on Required User Adoption Metrics in Certain Contracts for Artificial Intelligence and Emerging Technology Software Products
"(a)
"(1) With respect to a contract or other agreement entered into between the head of an element of the intelligence community and a commercial provider for the procurement of a covered product for users within the intelligence community, a requirement that each such contract or other agreement include, as a term of the contract or agreement, an understanding of the anticipated use of the covered product with a clear metric for success and for collecting user adoption metrics, as appropriate, for assessing the adoption of the covered product by such users.
"(2) Such exceptions to the requirements under paragraph (1) as may be determined appropriate pursuant to guidance established by the Director of National Intelligence.
"(3) A requirement that prior to the procurement of, or the continuation of the use of, any covered product procured by the head of an element of the intelligence community, the head has determined a method for assessing the success of the covered product from user adoption metrics.
"(b)
[For definitions of "intelligence community" and "congressional intelligence committees" as used in section 6717 of
[For definitions of "artificial intelligence", "emerging technology", and "covered product" as used in section 6717 of
Emerging Technology Education and Training
"(a)
"(1)
"(2)
"(3)
"(b)
"(1) the appropriate courses offered by the Defense Acquisition University;
"(2) the training curriculum established under subsection (a); and
"(3) best practices for monitoring, identifying, and procuring emerging technologies with potential benefit to the intelligence community, including commercial services and products.
"(c)
"(1)
"(2)
"(3)
"(A) an overview of—
"(i) the managers described in paragraph (1) who participated in the training activities; and
"(ii) what technologies were included in the training activities; and
"(B) an identification of other incentives, activities, resources, or programs the Director determines may be necessary to ensure the managers are generally trained in the most emerging technologies and able to retain and incorporate such technologies across the intelligence community."
[For definitions of "intelligence community" and "congressional intelligence committees" as used in section 6732 of
[For definitions of "emerging technology", "commercial service", and "commercial product" as used in section 6732 of
Improvements to Use of Commercial Software Products
"(a)
"(1) using, to the extent practicable, standardized terminology; and
"(2) in accordance with acquisition and operation best practices reflecting modern software as a service capabilities.
"(b)
"(1) Guidelines for the heads of the elements of the intelligence community to determine which contracts for commercial software products are covered by the policy, including with respect to agreements, authorizations to operate, and other acquisition activities.
"(2) Guidelines for using standardized terms in such contracts, modeled after commercial best practices, including common procedures and language regarding—
"(A) terms for the responsible party and timelines for system integration under the contract;
"(B) a mechanism included in each contract to ensure the ability of the vendor to provide, and the United States Government to receive, continuous updates and version control for the software, subject to appropriate security considerations;
"(C) automatic technological mechanisms for security and data validation, including security protocols that are predicated on commercial best practices; and
"(D) procedures to provide incentives, and a technical framework, for system integration for new commercial software solutions to fit within existing workflows and information technology infrastructure.
"(3) Guidelines and a timeline for enforcing the policy.
"(c)
"(1) An evaluation of compliance with such policy by each of the elements of the intelligence community.
"(2) Additional recommendations to better coordinate system integration throughout the intelligence community using best practices."
[For definitions of "intelligence community" and "congressional intelligence committees" as used in section 6741 of
[For definitions of "commercial product" and "authorization to operate" as used in section 6741 of
Establishment of Fifth-Generation Technology Prize Competition
"(a)
"(b)
"(c)
"(d)
Establishment of Deepfakes Prize Competition
"(a)
"(b)
"(c)
"(d)
Identification of and Countermeasures Against Certain International Mobile Subscriber Identity-Catchers
"(a)
"(1) undertake an effort to identify International Mobile Subscriber Identity-catchers operated within the United States by—
"(A) hostile foreign governments; and
"(B) individuals who have violated a criminal law of the United States or of any State, or who have committed acts that would be a criminal violation if committed within the jurisdiction of the United States or any State; and
"(2) when appropriate, develop countermeasures against such International Mobile Subscriber Identity-catchers, with prioritization given to such International Mobile Subscriber Identity-catchers identified in the National Capital Region.
"(b)
"(1)
"(2)
"(A) commence carrying out the pilot program required by paragraph (1) not later than 180 days after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2023 [Dec. 23, 2022]; and
"(B) complete the pilot program not later than 2 years after the date on which the Director commences carrying out the pilot program under subparagraph (A).
"(c)
"(1) the placement of sensors designed to identify International Mobile Subscriber Identity-catchers capable of conducting surveillance against the United States Capitol or associated buildings and facilities; and
"(2) the discovery of any International Mobile Subscriber Identity-catchers capable of conducting surveillance against the United States Capitol or associated buildings and facilities and any countermeasures against such International Mobile Subscriber Identity-catchers.
"(d)
"(1) the use of International Mobile Subscriber Identity-catchers operated by the individuals and governments described in subsection (a)(1);
"(2) potential countermeasures deployed by the Federal Bureau of Investigation against such International Mobile Subscriber Identity-catchers; and
"(3) any legal or policy limitations with respect to the development or carrying out of such countermeasures.
"(e)
"(1)
"(A) the congressional intelligence committees;
"(B) the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and
"(C) the Committees on the Judiciary of the House of Representatives and the Senate.
"(2)
[For definition of "congressional intelligence committees" as used in section 5725 of
Intelligence Community Information Technology Environment
"(a)
"(1)
"(2)
"(b)
"(1)
"(A) Ensuring compliance with all applicable environment rules and regulations of such environment.
"(B) Ensuring measurable performance goals exist for such environment.
"(C) Documenting standards and practices of such environment.
"(D) Acting as an arbiter among elements of the intelligence community related to any disagreements arising out of the implementation of such environment.
"(E) Delegating responsibilities to the elements of the intelligence community and carrying out such other responsibilities as are necessary for the effective implementation of such environment.
"(2)
"(A) providing core services, in coordination with the Director of National Intelligence; and
"(B) providing the Director with information requested and required to fulfill the responsibilities of the Director under paragraph (1).
"(3)
"(A)
"(B)
"(c)
"(1) management, financial control, and integration of such environment;
"(2) overseeing the performance of each core service, including establishing measurable service requirements and schedules;
"(3) to the degree feasible, ensuring testing of each core service of such environment, including testing by the intended users, to evaluate performance against measurable service requirements and to ensure the capability meets user requirements; and
"(4) coordinate transition or restructuring efforts of such environment, including phaseout of legacy systems.
"(d)
"(e)
"(1) A description of the minimum required and desired core service requirements, including—
"(A) key performance parameters; and
"(B) an assessment of current, measured performance.
"(2) Implementation milestones for the intelligence community information technology environment, including each of the following:
"(A) A schedule for expected deliveries of core service capabilities during each of the following phases:
"(i) Concept refinement and technology maturity demonstration.
"(ii) Development, integration, and demonstration.
"(iii) Production, deployment, and sustainment.
"(iv) System retirement.
"(B) Dependencies of such core service capabilities.
"(C) Plans for the transition or restructuring necessary to incorporate core service capabilities.
"(D) A description of any legacy systems and discontinued capabilities to be phased out.
"(3) Such other matters as the Director determines appropriate.
"(f)
"(1) A systematic approach to identify core service funding requests for the intelligence community information technology environment within the proposed budget, including multiyear plans to implement the long-term roadmap required by subsection (e).
"(2) A uniform approach by which each element of the intelligence community shall identify the cost of legacy information technology or alternative capabilities where services of the intelligence community information technology environment will also be available.
"(3) A uniform effort by which each element of the intelligence community shall identify transition and restructuring costs for new, existing, and retiring services of the intelligence community information technology environment, as well as services of such environment that have changed designations as a core service.
"(g)
"(h)
"(i)
[For definitions of "intelligence community" and "congressional intelligence committees" as used in section 6312 of
Policy on Minimum Insider Threat Standards
"(a)
"(b)
[For definition of "intelligence community" as used in section 6314 of
Reports and Briefings on National Security Effects of Global Water Insecurity and Emerging Infectious Disease and Pandemics
"(a)
"(1)
"(A)
"(B)
"(i) of strategic, economic, or humanitarian interest to the United States—
"(I) that are, as of the date of the report, at the greatest risk of instability, conflict, human insecurity, or mass displacement; or
"(II) where challenges relating to water insecurity are likely to emerge and become significant during the 5-year or the 20-year period beginning on the date of the report; and
"(ii) where challenges relating to water insecurity are likely to imperil the national security interests of the United States or allies of the United States.
"(C)
"(i) such stakeholders within the intelligence community, the Department of Defense, and the Department of State as the Director considers appropriate; and
"(ii) such additional Federal agencies and persons in the private sector as the Director considers appropriate.
"(D)
"(2)
"(b)
"(1)
"(A)
"(B)
"(i) the economic, social, political, and security risks, costs, and impacts of emerging infectious diseases on the United States and the international political and economic system;
"(ii) the economic, social, political, and security risks, costs, and impacts of a major transnational pandemic on the United States and the international political and economic system; and
"(iii) contributing trends and factors to the matters assessed under clauses (i) and (ii).
"(C)
"(i) the ability of affected nations to effectively detect and manage emerging infectious diseases and a possible transnational pandemic;
"(ii) the role and capacity of international organizations and nongovernmental organizations to respond to emerging infectious disease and a possible pandemic, and their ability to coordinate with affected and donor nations; and
"(iii) the effectiveness of current international frameworks, agreements, and health systems to respond to emerging infectious diseases and a possible transnational pandemic.
"(2)
"(3)
"(4)
"(A) the congressional intelligence committees;
"(B) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives; and
"(C) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Health, Education, Labor, and Pensions, and the Committee on Appropriations of the Senate."
[
[For definitions of "congressional intelligence committees" and "intelligence community" as used in section 6722 of
Limitation on Activities of Employees of an Office of Inspector General
"(1)
"(A) provisions to prevent any conflict of interest related to a matter any employee of a covered office of an inspector general personally and substantially participated in during previous employment;
"(B) standards to ensure personnel of a covered office of an inspector general are free both in fact and in appearance from personal, external, and organizational impairments to independence;
"(C) provisions to permit the head of each covered office of an inspector general to waive the application of the policy with respect to an individual if such head—
"(i) prepares a written and signed justification for such waiver that sets out, in detail, the need for such waiver, provided that waivers shall not be issued for in fact impairments to independence; and
"(ii) submits to the congressional intelligence committees [Select Committee on Intelligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives] each such justification; and
"(D) any other protections the Director determines appropriate.
"(2)
"(A) the Office of the Inspector General of the Intelligence Community; and
"(B) the office of an inspector general for—
"(i) the Office of the Director of National Intelligence;
"(ii) the Central Intelligence Agency;
"(iii) the National Security Agency;
"(iv) the Defense Intelligence Agency;
"(v) the National Geospatial-Intelligence Agency; and
"(vi) the National Reconnaissance Office.
"(3)
Designation of Lead Intelligence Officer for Tunnels
"(a)
"(b)
"(1) trends in the use of tunnels by foreign state and nonstate actors; and
"(2) collaboration efforts between the United States and partner countries to address the use of tunnels by adversaries."
Reporting Process Required for Tracking Certain Requests for Country Clearance
"(a)
"(b)
Insider Threat Detection Program
"(a)
"(b)
"(c)
"(d)
[For definitions of "intelligence community" and "congressional intelligence committees" as used in section 402 of
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)
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
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
Definitions
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
"(7)
"(8)
"(A) technology that is in a developmental stage or that may be developed during the subsequent 10-year period; or
"(B) any technology included in the Critical and Emerging Technologies List published by the White House in February 2022, or any successor document."
Executive Documents
Establishment of the Cyber Threat Intelligence Integration Center
Memorandum of President of the United States, Feb. 25, 2015, 80 F.R. 11317, provided:
Memorandum for the Secretary of State[,] the Secretary of Defense[,] the Secretary of the Treasury[,] the Secretary of Commerce[,] the Attorney General[,] the Secretary of Homeland Security[,] the Director of National Intelligence[,] the Chairman of the Joint Chiefs of Staff[,] the Director of the Central Intelligence Agency[,] the Director of the Federal Bureau of Investigation[, and] the Director of the National Security Agency
By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct as follows:
(a) provide integrated all-source analysis of intelligence related to foreign cyber threats or related to cyber incidents affecting U.S. national interests;
(b) support the National Cybersecurity and Communications Integration Center, the National Cyber Investigative Joint Task Force, U.S. Cyber Command, and other relevant United States Government entities by providing access to intelligence necessary to carry out their respective missions;
(c) oversee the development and implementation of intelligence sharing capabilities (including systems, programs, policies, and standards) to enhance shared situational awareness of intelligence related to foreign cyber threats or related to cyber incidents affecting U.S. national interests among the organizations referenced in subsection (b) of this section;
(d) ensure that indicators of malicious cyber activity and, as appropriate, related threat reporting contained in intelligence channels are downgraded to the lowest classification possible for distribution to both United States Government and U.S. private sector entities through the mechanism described in section 4 of Executive Order 13636 of February 12, 2013 (Improving Critical Infrastructure Cybersecurity); and
(e) facilitate and support interagency efforts to develop and implement coordinated plans to counter foreign cyber threats to U.S. national interests using all instruments of national power, including diplomatic, economic, military, intelligence, homeland security, and law enforcement activities.
(b) Within 90 days of the date of this memorandum, the DNI, in consultation with the Secretary of State, the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, the Director of the Central Intelligence Agency, the Director of the Federal Bureau of Investigation, and the Director of the National Security Agency shall provide a status report to the Director of the Office of Management and Budget and the Assistant to the President for Homeland Security and Counterterrorism on the establishment of the CTIIC. This report shall further refine the CTIIC's mission, roles, and responsibilities, consistent with this memorandum, ensuring that those roles and responsibilities are appropriately aligned with other Presidential policies as well as existing policy coordination mechanisms.
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The DNI is hereby authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
1 See References in Text note below.
§3025. 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 Director of the National Counterintelligence and Security Center.
(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.1
(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) Temporary filling of vacancies
With respect to filling temporarily a vacancy in an office within the Office of the Director of National Intelligence (other than that of the Director of National Intelligence),
(1) in the matter preceding subparagraph (A), by substituting "an element of the intelligence community, as that term is defined in section 3(4) of the National Security Act of 1947 (
(2) in subparagraph (A), by substituting "the intelligence community" for "such agency".
(f) 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
Editorial Notes
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
Section 3 of the National Security Act of 1947, referred to in subsec. (e)(1), was classified to
Codification
Section was formerly classified to
Prior Provisions
A prior section 103 of act July 26, 1947, ch. 343, title I, as added
Another prior section 103 of act July 26, 1947, was renumbered section 107 and is classified to former
Amendments
2017—Subsec. (c)(8).
2012—Subsecs. (e), (f).
2010—Subsec. (b).
Subsec. (c)(9) to (14).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Change of Name
Reference to the National Counter Proliferation Center deemed to be a reference to the National Counterproliferation and Biosecurity Center, see section 401(e) of div. X 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
Required Staffing Document for Office of Director of National Intelligence
"(1)
"(2)
"(A) A description of the position.
"(B) The directorate, center, office, or other component of the Office of the Director of National Intelligence within which the position is.
"(C) The element of the intelligence community designated to fill the position, if applicable.
"(D) The requisite type and level of skills for the position, including any special skills or certifications required.
"(E) The requisite security clearance level for the position.
"(F) The pay grade for the position.
"(G) Any special pay or incentive pay payable for the position.
"(3)
[For definition of "intelligence community" as used in section 7307(b) of
Intelligence Community Coordinator for Accountability of Atrocities of the People's Republic of China
"(a)
"(1)
"(A) the congressional intelligence committees;
"(B) the Committee on Foreign Relations, the Committee on the Judiciary, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
"(C) the Committee on Foreign Affairs, the Committee on the Judiciary, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.
"(2)
"(A) a member, official, or employee of the government of the People's Republic of China;
"(B) a member, official, or employee of the Chinese Communist Party;
"(C) a member of the armed forces, security, or other defense services of the People's Republic of China; or
"(D) an agent or contractor of a person specified in subparagraph (A), (B), or (C).
"(3)
"(4)
"(A) any person or entity that is not a United States person; or
"(B) any entity not organized under the laws of the United States or of any jurisdiction within the United States.
"(5)
"(6)
"(b)
"(1)
"(2)
"(A) Identifying and, as appropriate, disseminating within the United States Government, intelligence relating to atrocities of the People's Republic of China.
"(B) Identifying analytic and other intelligence needs and priorities of the United States Government with respect to the commitment of atrocities of the People's Republic of China.
"(C) Collaborating with appropriate counterparts across the intelligence community to ensure appropriate coordination on, and integration of the analysis of, the commitment of atrocities of the People's Republic of China.
"(D) Ensuring that relevant departments and agencies of the United States Government receive appropriate support from the intelligence community with respect to the collection, analysis, preservation, and, as appropriate, downgrade and dissemination of intelligence products relating to the commitment of atrocities of the People's Republic of China.
"(3)
"(A) the name of the official designated as the Coordinator pursuant to paragraph (1);
"(B) the strategy of the intelligence community for the prioritization and integration of intelligence relating to atrocities of the People's Republic of China, including a detailed description of how the Coordinator shall support the implementation of such strategy; and
"(C) the plan of the intelligence community to conduct a review of classified and unclassified intelligence reporting regarding atrocities of the People's Republic of China for downgrading, dissemination, and, as appropriate, public release.
"(4)
"(A) the analytical findings, changes in collection, and other activities of the intelligence community with respect to atrocities of the People's Republic of China; and
"(B) the recipients of intelligence reporting shared pursuant to this section in the prior quarter, including for the purposes of ensuring that the public is informed about atrocities of the People's Republic of China and to support efforts by the United States Government to seek accountability for the atrocities of the People's Republic of China, and the date of any such sharing.
"(c)
[For definitions of "intelligence community" and "congressional intelligence committees" as used in section 7401 of
Intelligence Community Coordinator for Russian Atrocities Accountability
"(a)
"(1)
"(A) the congressional intelligence committees;
"(B) the Subcommittee on Defense of the Committee on Appropriations of the Senate; and
"(C) the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
"(2)
"(3)
"(4)
"(5)
"(A) a member of the armed forces, or the security or other defense services, of the Russian Federation;
"(B) an employee of any other element of the Russian Government; or
"(C) an agent or contractor of an individual specified in subparagraph (A) or (B).
"(6)
"(b)
"(1)
"(2)
"(A) Identifying, and (as appropriate) disseminating within the United States Government, intelligence relating to the identification, location, or activities of foreign persons suspected of playing a role in committing Russian atrocities in Ukraine.
"(B) Identifying analytic and other intelligence needs and priorities of the intelligence community with respect to the commitment of such Russian atrocities.
"(C) Addressing any gaps in intelligence collection relating to the commitment of such Russian atrocities and developing recommendations to address any gaps so identified, including by recommending the modification of the priorities of the intelligence community with respect to intelligence collection.
"(D) Collaborating with appropriate counterparts across the intelligence community to ensure appropriate coordination on, and integration of the analysis of, the commitment of such Russian atrocities.
"(E) Identifying intelligence and other information that may be relevant to preserve evidence of potential war crimes by Russia, consistent with the public commitments of the United States to support investigations into the conduct of Russia.
"(F) Ensuring the Atrocities Early Warning Task Force and other relevant departments and agencies of the United States Government receive appropriate support from the intelligence community with respect to the collection, analysis, preservation, and, as appropriate, dissemination, of intelligence related to Russian atrocities in Ukraine.
"(3)
"(A) the name of the official designated as the Coordinator pursuant to paragraph (1); and
"(B) the strategy of the intelligence community for the collection of intelligence related to Russian atrocities in Ukraine, including a detailed description of how the Coordinator shall support, and assist in facilitating the implementation of, such strategy.
"(4)
"(A)
"(i) the analytical findings and activities of the intelligence community with respect to Russian atrocities in Ukraine; and
"(ii) the recipients of information shared pursuant to this section for the purpose of ensuring accountability for such Russian atrocities, and the date of any such sharing.
"(B)
"(C)
"(c)
[For definitions of "intelligence community" and "congressional intelligence committees" as used in section 6512 of
1 See Change of Name note below.
2 See References in Text note below.
§3026. 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
Editorial Notes
Codification
Section was formerly classified to
Statutory Notes and Related Subsidiaries
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
§3027. 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
Editorial Notes
Codification
Section was formerly classified to
Statutory Notes and Related Subsidiaries
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
§3028. 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
Editorial Notes
Codification
Section was formerly classified to
Statutory Notes and Related Subsidiaries
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
§3029. 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).
(July 26, 1947, ch. 343, title I, §103D, as added
Editorial Notes
References in Text
The Privacy Act, referred to in subsec. (b)(5), probably means the Privacy Act of 1974,
Codification
Section was formerly classified to
Statutory Notes and Related Subsidiaries
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
§3030. 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. In making such appointment, the Director of National Intelligence may give preference to an individual with experience outside of the United States Government.
(c) Duties
The Director of Science and Technology shall—
(1) act as the chief representative of the Director of National Intelligence for science and technology;
(2) chair the Director of National Intelligence Science and Technology Committee under subsection (d);
(3) assist the Director in formulating a long-term strategy for scientific advances in the field of intelligence;
(4) assist the Director on the science and technology elements of the budget of the Office of the Director of National Intelligence; and
(5) perform other such duties as may be prescribed by the Director of National Intelligence or specified by law.
(d) Director of National Intelligence Science and Technology Committee
(1) There is within the Office of the Director of Science and Technology a Director of National Intelligence Science and Technology Committee.
(2) The Committee shall be composed of the principal science officers of the National Intelligence Program.
(3) The Committee shall—
(A) coordinate advances in research and development related to intelligence; and
(B) perform such other functions as the Director of Science and Technology shall prescribe.
(July 26, 1947, ch. 343, title I, §103E, as added
Editorial Notes
Codification
Section was formerly classified to
Amendments
2022—Subsec. (b).
Statutory Notes and Related Subsidiaries
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
Emerging Technology Adoption
"(1) conduct reviews of the policies, standards, and procedures of the intelligence community that relate to emerging technologies and, as appropriate, recommend to the Director of National Intelligence changes to such policies, standards, and procedures, to accelerate and increase the adoption of emerging technologies by the intelligence community;
"(2) make recommendations, in coordination with the heads of the elements of the intelligence community, to the Director of National Intelligence with respect to the budgets of such elements, to accelerate and increase the adoption of emerging technologies by such elements; and
"(3) coordinate with the Under Secretary of Defense for Research and Engineering on initiatives, policies, and programs carried out jointly between the intelligence community and the Department of Defense to accelerate and increase the adoption of emerging technologies."
[For definition of "intelligence community" as used in section 6703(a) of
[For definition of "emerging technology" as used in section 6703(a) of
§3031. Director of the National Counterintelligence and Security Center
(a) Director of the National Counterintelligence and Security Center
The Director of the National Counterintelligence and Security Center appointed under section 902 of the Counterintelligence Enhancement Act of 2002 (
(b) Duties
The Director of the National Counterintelligence and Security Center shall perform the duties provided in the Counterintelligence Enhancement Act of 2002 and such other duties as may be prescribed by the Director of National Intelligence or specified by law.
(July 26, 1947, ch. 343, title I, §103F, as added
Editorial Notes
References in Text
The Counterintelligence Enhancement Act of 2002, referred to in subsec. (b), is title IX of
Codification
Section was formerly classified to
Amendments
Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
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
§3032. Chief Information Officer
(a) Chief Information Officer
To assist the Director of National Intelligence in carrying out the responsibilities of the Director under this chapter and other applicable provisions of law, there shall be within the Office of the Director of National Intelligence a Chief Information Officer of the Intelligence Community who shall be appointed by the Director. The Chief Information Officer shall report directly to the Director of National Intelligence.
(b) Duties and responsibilities
Subject to the direction of the Director of National Intelligence, the Chief Information Officer of the Intelligence Community shall—
(1) manage activities relating to the information technology infrastructure and enterprise architecture requirements of the intelligence community;
(2) have procurement approval authority over all information technology items related to the enterprise architectures of all intelligence community components;
(3) direct and manage all information technology-related procurement for the intelligence community; and
(4) ensure that all expenditures for information technology and research and development activities are consistent with the intelligence community enterprise architecture and the strategy of the Director for such architecture.
(c) Prohibition on simultaneous service as other chief information officer
An individual serving in the position of Chief Information Officer of the Intelligence Community may not, while so serving, serve as the chief information officer of any other department or agency, or component thereof, of the United States Government.
(d) Prohibition on simultaneous service as Chief Data Officer and Chief Information Officer
An individual serving in the position of Chief Information Officer of the Intelligence Community or chief information officer of any other element of the intelligence community shall not concurrently serve as the Intelligence Community Chief Data Officer under
(July 26, 1947, ch. 343, title I, §103G, as added
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning act July 26, 1947, ch. 343,
Codification
Section was formerly classified to
Amendments
2023—Subsec. (d).
2019—Subsec. (a).
2010—Subsec. (a).
Subsecs. (b) to (d).
Statutory Notes and Related Subsidiaries
Effective Date
§3033. 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)(A) The Inspector General may be removed from office only by the President. The President shall communicate in writing to the congressional intelligence committees the substantive rationale, including detailed and case-specific reasons, for the removal not later than 30 days prior to the effective date of such removal. Nothing in this paragraph shall be construed to prohibit a personnel action otherwise authorized by law, other than transfer or removal.
(B) If there is an open or completed inquiry into the Inspector General that relates to the removal or transfer of the Inspector General under subparagraph (A), the written communication required under that subparagraph shall—
(i) identify each entity that is conducting, or that conducted, the inquiry; and
(ii) in the case of a completed inquiry, contain the findings made during the inquiry.
(5)(A) Subject to the other provisions of this paragraph, only the President may place the Inspector General on nonduty status.
(B) If the President places the Inspector General on nonduty status, the President shall communicate in writing the substantive rationale, including detailed and case-specific reasons, for the change in status to the congressional intelligence committees not later than 15 days before the date on which the change in status takes effect, except that the President may submit that communication not later than the date on which the change in status takes effect if—
(i) the President has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of
(ii) in the communication, the President includes a report on the determination described in clause (i), which shall include—
(I) a specification of which clause of
(II) the substantive rationale, including detailed and case-specific reasons, for the determination made under clause (i);
(III) an identification of each entity that is conducting, or that conducted, any inquiry upon which the determination under clause (i) was made; and
(IV) in the case of an inquiry described in subclause (III) that is completed, the findings made during that inquiry.
(C) The President may not place the Inspector General on nonduty status during the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph (4)(A) unless the President—
(i) has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of
(ii) not later than the date on which the change in status takes effect, submits to the congressional intelligence committees a written communication that contains the information required under subparagraph (B), including the report required under clause (ii) of that subparagraph.
(6)(A) In this subsection, the term "first assistant to the position of Inspector General" has the meaning given in section 3 of the Inspector General Act of 1978 (5 U.S.C. App.).1
(B) If the Inspector General dies, resigns, or is otherwise unable to perform the functions and duties of the position—
(i)
(ii) subject to subparagraph (D), the first assistant to the position of Inspector General shall perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of
(iii) notwithstanding clause (ii), and subject to subparagraphs (D) and (E), the President (and only the President) may direct an officer or employee of any Office of an Inspector General to perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of
(I) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the Inspector General, the officer or employee served in a position in an Office of an Inspector General for not less than 90 days, except that—
(aa) the requirement under this subclause shall not apply if the officer is an Inspector General; and
(bb) for the purposes of this clause, performing the functions and duties of an Inspector General temporarily in an acting capacity does not qualify as service in a position in an Office of an Inspector General;
(II) the rate of pay for the position of the officer or employee described in subclause (I) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule;
(III) the officer or employee has demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations; and
(IV) not later than 30 days before the date on which the direction takes effect, the President communicates in writing to the congressional intelligence committees the substantive rationale, including the detailed and case-specific reasons, for such direction, including the reason for the direction that someone other than the individual who is performing the functions and duties of the Inspector General temporarily in an acting capacity (as of the date on which the President issues that direction) perform those functions and duties temporarily in an acting capacity.
(C) Notwithstanding
(i) the first assistant to the position of Inspector General shall perform the functions and duties of the position temporarily in an acting capacity subject to the time limitations of
(ii) if the first assistant described in clause (i) dies, resigns, or becomes otherwise unable to perform those functions and duties, the President (and only the President) may direct an officer or employee in the Office of Inspector General to perform those functions and duties temporarily in an acting capacity, subject to the time limitations of
(I) that direction satisfies the requirements under subclauses (II), (III), and (IV) of subparagraph (B)(iii); and
(II) that officer or employee served in a position in that Office of Inspector General for not fewer than 90 of the 365 days preceding the date on which the President makes that direction.
(D) An individual may perform the functions and duties of the Inspector General temporarily and in an acting capacity under clause (ii) or (iii) of subparagraph (B), or under subparagraph (C), with respect to only 1 Inspector General position at any given time.
(E) If the President makes a direction under subparagraph (B)(iii), during the 30-day period preceding the date on which the direction of the President takes effect, the functions and duties of the position of the Inspector General shall be performed by—
(i) the first assistant to the position of Inspector General; or
(ii) the individual performing those functions and duties temporarily in an acting capacity, as of the date on which the President issues that direction, if that individual is an individual other than the first assistant to the position of Inspector General.
(d) Assistant Inspectors General
Subject to the policies of the Director of National Intelligence, the Inspector General of the Intelligence Community shall—
(1) appoint an Assistant Inspector General for Audit who shall have the responsibility for supervising the performance of auditing activities relating to programs and activities within the responsibility and authority of the Director;
(2) appoint an Assistant Inspector General for Investigations who shall have the responsibility for supervising the performance of investigative activities relating to such programs and activities; and
(3) appoint other Assistant Inspectors General that, in the judgment of the Inspector General, are necessary to carry out the duties of the Inspector General.
(e) Duties and responsibilities
It shall be the duty and responsibility of the Inspector General of the Intelligence Community—
(1) to provide policy direction for, and to plan, conduct, supervise, and coordinate independently, the investigations, inspections, audits, and reviews relating to programs and activities within the responsibility and authority of the Director of National Intelligence;
(2) to keep the Director of National Intelligence fully and currently informed concerning violations of law and regulations, fraud, and other serious problems, abuses, and deficiencies relating to the programs and activities within the responsibility and authority of the Director, to recommend corrective action concerning such problems, and to report on the progress made in implementing such corrective action;
(3) to take due regard for the protection of intelligence sources and methods in the preparation of all reports issued by the Inspector General, and, to the extent consistent with the purpose and objective of such reports, take such measures as may be appropriate to minimize the disclosure of intelligence sources and methods described in such reports; and
(4) in the execution of the duties and responsibilities under this section, to comply with generally accepted government auditing.
(f) Limitations on activities
(1) The Director of National Intelligence may prohibit the Inspector General of the Intelligence Community from initiating, carrying out, or completing any investigation, inspection, audit, or review if the Director determines that such prohibition is necessary to protect vital national security interests of the United States.
(2) Not later than seven days after the date on which the Director exercises the authority under paragraph (1), the Director shall submit to the congressional intelligence committees an appropriately classified statement of the reasons for the exercise of such authority.
(3) The Director shall advise the Inspector General at the time a statement under paragraph (2) is submitted, and, to the extent consistent with the protection of intelligence sources and methods, provide the Inspector General with a copy of such statement.
(4) The Inspector General may submit to the congressional intelligence committees any comments on the statement of which the Inspector General has notice under paragraph (3) that the Inspector General considers appropriate.
(g) Authorities
(1) The Inspector General of the Intelligence Community shall have direct and prompt access to the Director of National Intelligence when necessary for any purpose pertaining to the performance of the duties of the Inspector General.
(2)(A) The Inspector General shall, subject to the limitations in subsection (f), make such investigations and reports relating to the administration of the programs and activities within the authorities and responsibilities of the Director as are, in the judgment of the Inspector General, necessary or desirable.
(B) The Inspector General shall have access to any employee, or any employee of a contractor, of any element of the intelligence community needed for the performance of the duties of the Inspector General.
(C) The Inspector General shall have direct access to all records, reports, audits, reviews, documents, papers, recommendations, or other materials that relate to the programs and activities with respect to which the Inspector General has responsibilities under this section.
(D) The level of classification or compartmentation of information shall not, in and of itself, provide a sufficient rationale for denying the Inspector General access to any materials under subparagraph (C).
(E) The Director, or on the recommendation of the Director, another appropriate official of the intelligence community, shall take appropriate administrative actions against an employee, or an employee of a contractor, of an element of the intelligence community that fails to cooperate with the Inspector General. Such administrative action may include loss of employment or the termination of an existing contractual relationship.
(3) 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 this provision shall qualify as a withholding statute pursuant to subsection (b)(3) of
(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 Federal, State (as defined in
(B) Upon request of the Inspector General for information or assistance from a department, agency, or element of the Federal Government under subparagraph (A), the head of the department, agency, or element concerned shall, insofar as is practicable and not in contravention of any existing statutory restriction or regulation of the department, agency, or element, furnish to the Inspector General, such information or assistance.
(C) The Inspector General of the Intelligence Community may, upon reasonable notice to the head of any element of the intelligence community and in coordination with that 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 October 31 and April 30 of each year, prepare and submit to the Director of National Intelligence a classified, and, as appropriate, unclassified semiannual report summarizing the activities of the Office of the Inspector General of the Intelligence Community during the immediately preceding 6-month period ending September 30 and March 31, respectively. The Inspector General of the Intelligence Community shall provide any portion of the report involving a component of a department of the United States Government to the head of that department simultaneously with submission of the report to the Director of National Intelligence.
(B) Each report under this paragraph shall include, at a minimum, the following:
(i) A list of the title or subject of each investigation, inspection, audit, or review conducted during the period covered by such report.
(ii) A description of significant problems, abuses, and deficiencies relating to the administration of programs and activities of the intelligence community within the responsibility and authority of the Director of National Intelligence, and in the relationships between elements of the intelligence community, identified by the Inspector General during the period covered by such report.
(iii) A description of the recommendations for corrective action made by the Inspector General during the period covered by such report with respect to significant problems, abuses, or deficiencies identified in clause (ii).
(iv) A statement of whether or not corrective action has been completed on each significant recommendation described in previous semiannual reports, and, in a case where corrective action has been completed, a description of such corrective action.
(v) A certification of whether or not the Inspector General has had full and direct access to all information relevant to the performance of the functions of the Inspector General.
(vi) A description of the exercise of the subpoena authority under subsection (g)(5) by the Inspector General during the period covered by such report.
(vii) Such recommendations as the Inspector General considers appropriate for legislation to promote economy, efficiency, and effectiveness in the administration and implementation of programs and activities within the responsibility and authority of the Director of National Intelligence, and to detect and eliminate fraud and abuse in such programs and activities.
(C) Not later than 30 days after the date of receipt of a report under subparagraph (A), the Director shall transmit the report to the congressional intelligence committees together with any comments the Director considers appropriate. The Director shall transmit to the committees of the Senate and of the House of Representatives with jurisdiction over a department of the United States Government any portion of the report involving a component of such department simultaneously with submission of the report to the congressional intelligence committees.
(2)(A) The Inspector General shall report immediately to the Director whenever the Inspector General becomes aware of particularly serious or flagrant problems, abuses, or deficiencies relating to programs and activities within the responsibility and authority of the Director of National Intelligence.
(B) The Director shall transmit to the congressional intelligence committees each report under subparagraph (A) within 7 calendar days of receipt of such report, together with such comments as the Director considers appropriate. The Director shall transmit to the committees of the Senate and of the House of Representatives with jurisdiction over a department of the United States Government any portion of each report under subparagraph (A) that involves a problem, abuse, or deficiency related to a component of such department simultaneously with transmission of the report to the congressional intelligence committees.
(3)(A) In the event that—
(i) the Inspector General is unable to resolve any differences with the Director affecting the execution of the duties or responsibilities of the Inspector General;
(ii) an investigation, inspection, audit, or review carried out by the Inspector General focuses on any current or former intelligence community official who—
(I) holds or held a position in an element of the intelligence community that is subject to appointment by the President, whether or not by and with the advice and consent of the Senate, including such a position held on an acting basis;
(II) holds or held a position in an element of the intelligence community, including a position held on an acting basis, that is appointed by the Director of National Intelligence; or
(III) holds or held a position as head of an element of the intelligence community or a position covered by subsection (b) or (c) of
(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)(i) In this paragraph, the term "urgent concern" means any of the following:
(I) A serious or flagrant problem, abuse, violation of law or Executive order, or deficiency relating to the funding, administration, or operation of an intelligence activity of the Federal Government that is—
(aa) a matter of national security; and
(bb) not a difference of opinion concerning public policy matters.
(II) A false statement to Congress, or a willful withholding from Congress, on an issue of material fact relating to the funding, administration, or operation of an intelligence activity.
(III) An action, including a personnel action described in
(ii) Within the executive branch, the Inspector General shall have sole authority to determine whether any complaint or information reported to the Inspector General is a matter of urgent concern under this paragraph.
(H) Nothing in this section shall be construed to limit the protections afforded to an employee under
(I) An individual who has submitted a complaint or information to the Inspector General under this section may notify any member of either of the congressional intelligence committees, or a staff member of either of such committees, of the fact that such individual has made a submission to the Inspector General, and of the date on which such submission was made.
(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.
(o) Information on website
(1) The Director of National Intelligence shall establish and maintain on the homepage of the publicly accessible website of the Office of the Director of National Intelligence information relating to the Office of the Inspector General of the Intelligence Community including methods to contact the Inspector General.
(2) The information referred to in paragraph (1) shall be obvious and facilitate accessibility to the information related to the Office of the Inspector General of the Intelligence Community.
(July 26, 1947, ch. 343, title I, §103H, as added
Editorial Notes
References in Text
Section 3 of the Inspector General Act of 1978, referred to in subsec. (c)(6)(A), is section 3 of
GS–15 of the General Schedule, referred to in subsec. (c)(6)(B)(iii)(II), is set out under
Codification
Section was formerly classified to
Amendments
2022—Subsec. (c)(4).
Subsec. (c)(5).
Subsec. (c)(6).
Subsec. (k)(5)(G).
Subsec. (k)(5)(G)(i)(I).
Subsec. (k)(5)(H).
2019—Subsec. (j)(4)(A).
2015—Subsec. (j)(4)(A).
Subsec. (j)(4)(B).
2014—Subsec. (g)(3)(A).
Subsec. (k)(5)(I).
2013—Subsec. (k)(1)(A).
2012—Subsec. (o).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by section 5203(b) of
Construction
Oversight by Inspector General of the Intelligence Community Over Intelligence Community Whistleblower Matters
"(a)
"(1) Submission of complaints by whistleblowers to inspectors general of elements of the intelligence community relating to the programs and activities under the jurisdiction of the Director of National Intelligence, and information related to such complaints.
"(2) Actions taken by an inspector general of an element of the Intelligence Community relating to such complaints.
"(b)
"(1)
"(2)
"(A) protect the privacy of whistleblowers, including by preventing dissemination without the consent of the whistleblower, of any information submitted previously by a whistleblower to an inspector general of an element of the intelligence community; and
"(B) ensure compliance with the requirements of subsection (a), while—
"(i) ensuring that the Inspector General of the Intelligence Community can oversee whistleblower policies and practices and identify matters that, in the judgment of the Inspector General of the Intelligence Community, may be the subject of an investigation, inspection, audit, or review by the Inspector General of the Intelligence Community; and
"(ii) avoiding the imposition of inappropriate resource burdens on inspectors general of elements of the intelligence community."
[For definition of "whistleblower" as used in section 5334 of
[For definition of "intelligence community" as used in section 5334 of
Definitions
"(1)
"(2)
1 See References in Text note below.
2 So in original. Probably should be "involve".
§3034. 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 chapter and other applicable provisions of law, there is within the Office of the Director of National Intelligence a Chief Financial Officer of the Intelligence Community who shall be appointed by the Director. The Chief Financial Officer shall report directly to the Director of National Intelligence.
(b) Duties and responsibilities
Subject to the direction of the Director of National Intelligence, the Chief Financial Officer of the Intelligence Community shall—
(1) serve as the principal advisor to the Director of National Intelligence and the Principal Deputy Director of National Intelligence on the management and allocation of intelligence community budgetary resources;
(2) participate in overseeing a comprehensive and integrated strategic process for resource management within the intelligence community;
(3) ensure that the strategic plan of the Director of National Intelligence—
(A) is based on budgetary constraints as specified in the Future Year Intelligence Plans and Long-term Budget Projections required under
(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 3103(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
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning act July 26, 1947, ch. 343,
Codification
Section was formerly classified to
Amendments
2019—Subsec. (a).
1 So in original.
§3034a. Functional Managers for the intelligence community
(a) Functional Managers authorized
The Director of National Intelligence may establish within the intelligence community one or more positions of manager of an intelligence function. Any position so established may be known as the "Functional Manager" of the intelligence function concerned.
(b) Personnel
The Director shall designate individuals to serve as manager of intelligence functions established under subsection (a) from among officers and employees of elements of the intelligence community.
(c) Duties
Each manager of an intelligence function established under subsection (a) shall have the duties as follows:
(1) To act as principal advisor to the Director on the intelligence function.
(2) To carry out such other responsibilities with respect to the intelligence function as the Director may specify for purposes of this section.
(July 26, 1947, ch. 343, title I, §103J, as added
§3034b. Intelligence Community Chief Data Officer
(a) Intelligence Community Chief Data Officer
There is an Intelligence Community Chief Data Officer within the Office of the Director of National Intelligence who shall be appointed by the Director of National Intelligence.
(b) Requirement relating to appointment
An individual appointed as the Intelligence Community Chief Data Officer shall have a professional background and experience appropriate for the duties of the Intelligence Community Chief Data Officer. In making such appointment, the Director of National Intelligence may give preference to an individual with experience outside of the United States Government.
(c) Duties
The Intelligence Community Chief Data Officer shall—
(1) act as the chief representative of the Director of National Intelligence for data issues within the intelligence community;
(2) coordinate, to the extent practicable and advisable, with the Chief Data Officer of the Department of Defense to ensure consistent data policies, standards, and procedures between the intelligence community and the Department of Defense;
(3) assist the Director of National Intelligence regarding data elements of the budget of the Office of the Director of National Intelligence; and
(4) perform other such duties relating to data as may be prescribed by the Director of National Intelligence or specified in law.
(July 26, 1947, ch. 343, title I, §103K, as added
Editorial Notes
Amendments
2023—Subsec. (c)(4).
Statutory Notes and Related Subsidiaries
Removal of Unrelated Duties and Functions
§3034c. Intelligence Community Innovation Unit
(a) Definitions
In this section:
(1) Emerging technology
the term "emerging technology" has the meaning given that term in section 6701 of the Intelligence Authorization Act for Fiscal Year 2023 (
(2) Unit
The term "Unit" means the Intelligence Community Innovation Unit.
(b) Plan for implementation of Intelligence Community Innovation Unit
(1) Plan required
Not later than 180 days after December 22, 2023, the Director of National Intelligence shall develop a plan for how to implement the Intelligence Community Innovation Unit within the intelligence community.
(2) Matters covered
The plan developed pursuant to paragraph (1) shall cover how the Unit will—
(A) benefit heads of the elements of the intelligence community in identifying commercial emerging technologies and associated capabilities to address critical mission needs of elements of the intelligence community;
(B) provide to the heads of the elements of the intelligence community seeking to field commercial emerging technologies technical expertise with respect to such technologies.
(C) facilitate the transition of potential prototypes and solutions to critical mission needs of the intelligence community from research and prototype projects to production; and
(D) serve as a liaison between the intelligence community and the private sector, in which capacity such liaison shall focus on small- and medium-sized companies and other organizations that do not have significant experience engaging with the intelligence community.
(3) Requirements
The plan developed pursuant to paragraph (1) shall—
(A) plan for not more than 50 full-time equivalent personnel; and
(B) include an assessment as to how the establishment of the Unit would benefit the identification and evaluation of commercial emerging technologies for prototyping and potential adoption by the intelligence community to fulfill critical mission needs.
(4) Submission to Congress
Upon completing development of the plan pursuant to paragraph (1), the Director shall—
(A) submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives a copy of the plan; and
(B) provide such committees and subcommittees a briefing on the plan.
(c) Establishment
To the extent and in such amounts as specifically provided in advance in appropriations Acts for the purposes detailed in this section, not later than 180 days after the date on which the Director of National Intelligence submits the plan pursuant to subsection (b)(4)(A), the Director of National Intelligence shall establish the Unit within the Office of the Director of National Intelligence.
(d) Limitation
The Unit shall not abrogate or otherwise constrain any element of the intelligence community from conducting authorized activities.
(e) Director of the Intelligence Community Innovation Unit
(1) Appointment; reporting
The head of the Unit is the Director of the Intelligence Community Innovation Unit, who shall be appointed by the Director of National Intelligence and shall report directly to the Director of National Intelligence.
(2) Qualifications
In selecting an individual for appointment as the Director of the Intelligence Community Innovation Unit, the Director of National Intelligence shall give preference to individuals who the Director of National Intelligence determines have—
(A) significant relevant experience involving commercial emerging technology within the private sector; and
(B) a demonstrated history of fostering the adoption of commercial emerging technologies by the United States Government or the private sector.
(f) Staff
(1) In general
In addition to the Director of the Intelligence Community Innovation Unit, the Unit shall be composed of not more than 50 full-time equivalent positions.
(2) Staff with certain expertise
The Director of National Intelligence shall ensure that there is a sufficient number of staff of the Unit, as determined by the Director, with expertise in—
(A) other transaction authorities and nontraditional and rapid acquisition pathways for emerging technology;
(B) engaging and evaluating small- and medium-sized emerging technology companies;
(C) the mission needs of the intelligence community; and
(D) such other skills or experiences as the Director determines necessary.
(g) Authority relating to detailees
Upon request of the Unit, each head of an element of the intelligence community may detail to the Unit any of the personnel of that element to assist in carrying out the duties under subsection (b) on a reimbursable or a nonreimbursable basis.
(h) Ensuring transition from prototyping to production
The Director of the Intelligence Community Innovation Unit shall transition research and prototype projects to products in a production stage upon identifying a demonstrated critical mission need of one or more elements of the intelligence community and a potential mission partner likely to field and further fund upon maturation, including by designating projects as Emerging Technology Transition Projects under the pilot program required by section 6713 of the Intelligence Authorization Act for Fiscal Year 2023 (
(i) Encouragement of use by elements
The Director of National Intelligence shall take such steps as may be necessary to encourage the use of the Unit by the heads of the other elements of the intelligence community.
(j) Rules of construction
(1) No preferential treatment for private sector
Nothing in this section shall be construed to require any element of the intelligence community to provide preferential treatment for any private sector entity with regard to procurement of technology construed as restricting or preempting any activities of the intelligence community.
(2) No additional authority
The Unit established pursuant to subsection (c) will be limited to the existing authorities possessed by the Director of National Intelligence.
(k) Sunset
The authorities and requirements of this section shall terminate on the date that is 5 years after the date of the establishment of the Unit.
(July 26, 1947, ch. 343, title I, §103L, as added
§3035. 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
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 104 of act July 26, 1947, ch. 343, title I, as added
Another prior section 104 of act July 26, 1947, was renumbered section 108 and is classified to
Statutory Notes and Related Subsidiaries
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
Executive Documents
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
§3036. 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).
(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
(July 26, 1947, ch. 343, title I, §104A, as added
Editorial Notes
Codification
Section was formerly classified to
Amendments
2019—Subsec. (g).
2012—Subsec. (g)(1).
Subsec. (g)(2).
2010—Subsec. (g)(1).
2004—Subsec. (g).
Statutory Notes and Related Subsidiaries
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
Creating an Official Record of the Osama Bin Laden Operation
"(a)
"(1) On May 1, 2011, United States personnel killed terrorist leader Osama bin Laden during the course of a targeted strike against his secret compound in Abbottabad, Pakistan.
"(2) Osama bin Laden was the leader of the al Qaeda terrorist organization, the most significant terrorism threat to the United States and the international community.
"(3) Osama bin Laden was the architect of terrorist attacks which killed nearly 3,000 civilians on September 11, 2001, the most deadly terrorist attack against our Nation, in which al Qaeda terrorists hijacked four airplanes and crashed them into the World Trade Center in New York City, the Pentagon in Washington, D.C., and, due to heroic efforts by civilian passengers to disrupt the terrorists, near Shanksville, Pennsylvania.
"(4) Osama bin Laden planned or supported numerous other deadly terrorist attacks against the United States and its allies, including the 1998 bombings of United States embassies in Kenya and Tanzania and the 2000 attack on the U.S.S. Cole in Yemen, and against innocent civilians in countries around the world, including the 2004 attack on commuter trains in Madrid, Spain and the 2005 bombings of the mass transit system in London, England.
"(5) Following the September 11, 2001, terrorist attacks, the United States, under President George W. Bush, led an international coalition into Afghanistan to dismantle al Qaeda, deny them a safe haven in Afghanistan and ungoverned areas along the Pakistani border, and bring Osama bin Laden to justice.
"(6) President Barack Obama in 2009 committed additional forces and resources to efforts in Afghanistan and Pakistan as 'the central front in our enduring struggle against terrorism and extremism'.
"(7) The valiant members of the United States Armed Forces have courageously and vigorously pursued al Qaeda and its affiliates in Afghanistan and around the world.
"(8) The anonymous, unsung heroes of the intelligence community have pursued al Qaeda and affiliates in Afghanistan, Pakistan, and around the world with tremendous dedication, sacrifice, and professionalism.
"(9) The close collaboration between the Armed Forces and the intelligence community prompted the Director of National Intelligence, General James Clapper, to state, 'Never have I seen a more remarkable example of focused integration, seamless collaboration, and sheer professional magnificence as was demonstrated by the Intelligence Community in the ultimate demise of Osama bin Laden.'.
"(10) While the death of Osama bin Laden represents a significant blow to the al Qaeda organization and its affiliates and to terrorist organizations around the world, terrorism remains a critical threat to United States national security.
"(11) President Obama said, 'For over two decades, bin Laden has been al Qaeda's leader and symbol, and has continued to plot attacks against our country and our friends and allies. The death of bin Laden marks the most significant achievement to date in our Nation's effort to defeat al Qaeda.'.
"(b)
"(1) the raid that killed Osama bin Laden demonstrated the best of the intelligence community's capabilities and teamwork;
"(2) for years to come, Americans will look back at this event as a defining point in the history of the United States;
"(3) it is vitally important that the United States memorialize all the events that led to the raid so that future generations will have an official record of the events that transpired before, during, and as a result of the operation; and
"(4) preserving this history now will allow the United States to have an accurate account of the events while those that participated in the events are still serving in the Government.
"(c)
"(d)
[For definitions of "intelligence community" and "congressional intelligence committees" as used in section 414 of
Annual Report on Foreign Companies Involved in the Proliferation of Weapons of Mass Destruction That Raise Funds in the United States Capital Markets
Executive Documents
Executive Order No. 13355
Ex. Ord. No. 13355, Aug. 27, 2004, 69 F.R. 53593, which related to strengthened management of the Intelligence Community, was revoked by Ex. Ord. No. 12333, §3.6, Dec. 4, 1981, 46 F.R. 59954, as amended by Ex. Ord. No. 13470, §4(j), July 30, 2008, 73 F.R. 45341, set out as a note under
§3037. 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
Editorial Notes
Codification
Section was formerly classified to
Statutory Notes and Related Subsidiaries
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."
§3038. 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 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 and counterintelligence 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) Expenditure of funds by the Defense Intelligence Agency
(1) Subject to paragraphs (2) and (3), the Director of the Defense Intelligence Agency may expend amounts made available to the Director under the National Intelligence Program for human intelligence and counterintelligence activities for objects of a confidential, extraordinary, or emergency nature, without regard to the provisions of law or regulation relating to the expenditure of Government funds.
(2) The Director of the Defense Intelligence Agency may not expend more than five percent of the amounts made available to the Director under the National Intelligence Program for human intelligence and counterintelligence activities for a fiscal year for objects of a confidential, extraordinary, or emergency nature in accordance with paragraph (1) during such fiscal year unless—
(A) the Director notifies the congressional intelligence committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives of the intent to expend the amounts; and
(B) 30 days have elapsed from the date on which the Director notifies the congressional intelligence committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives in accordance with subparagraph (A).
(3) For each expenditure referred to in paragraph (1), the Director shall certify that such expenditure was made for an object of a confidential, extraordinary, or emergency nature.
(4) Not later than December 31 of each year, the Director of the Defense Intelligence Agency shall submit to the congressional intelligence committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a report on any expenditures made during the preceding fiscal year in accordance with paragraph (1).
(d) 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
Editorial Notes
Codification
Section was formerly classified to
Amendments
2022—Subsec. (a)(1).
2016—Subsec. (c)(2), (4).
2011—Subsec. (b)(5).
Subsecs. (c), (d).
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).
Statutory Notes and Related Subsidiaries
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
§3039. Assistance to United States law enforcement agencies
(a) Authority to provide assistance
Subject to subsection (b), elements of the intelligence community may, upon the request of a United States law enforcement agency, collect information outside the United States about individuals who are not United States persons. Such elements may collect such information notwithstanding that the law enforcement agency intends to use the information collected for purposes of a law enforcement investigation or counterintelligence investigation.
(b) Limitation on assistance by elements of Department of Defense
(1) With respect to elements within the Department of Defense, the authority in subsection (a) applies only to the following:
(A) The National Security Agency.
(B) The National Reconnaissance Office.
(C) The National Geospatial-Intelligence Agency.
(D) The Defense Intelligence Agency.
(2) Assistance provided under this section by elements of the Department of Defense may not include the direct participation of a member of the Army, Navy, Air Force, or Marine Corps in an arrest or similar activity.
(3) Assistance may not be provided under this section by an element of the Department of Defense if the provision of such assistance will adversely affect the military preparedness of the United States.
(4) The Secretary of Defense shall prescribe regulations governing the exercise of authority under this section by elements of the Department of Defense, including regulations relating to the protection of sources and methods in the exercise of such authority.
(c) Definitions
For purposes of subsection (a):
(1) The term "United States law enforcement agency" means any department or agency of the Federal Government that the Attorney General designates as law enforcement agency for purposes of this section.
(2) The term "United States person" means the following:
(A) A United States citizen.
(B) An alien known by the intelligence agency concerned to be a permanent resident alien.
(C) An unincorporated association substantially composed of United States citizens or permanent resident aliens.
(D) A corporation incorporated in the United States, except for a corporation directed and controlled by a foreign government or governments.
(July 26, 1947, ch. 343, title I, §105A, as added
Editorial Notes
Codification
Section was formerly classified to
Amendments
2003—Subsec. (b)(1)(C).
§3040. 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) and the provision of notice with respect to criminal investigations under subsection (b).
(July 26, 1947, ch. 343, title I, §105B, as added
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 105B of act July 26, 1947, ch. 343, title I, as added
Amendments
2004—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
§3040a. Prohibition on collection and maintenance of information of United States persons based on first amendment-protected activities
No element of the intelligence community may collect or maintain information concerning a United States person (as defined in
(July 26, 1947, ch. 343, title I, §105C, as added
§3041. 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 and Counterintelligence of the Department of Energy.
(F) The Assistant Secretary for Intelligence and Analysis of the Department of the Treasury.
(G) The Executive Assistant Director for Intelligence of the Federal Bureau of Investigation or any successor to that position.
(H) The Under Secretary of Homeland Security for Intelligence and Analysis.
(c) Consultation with DNI in certain positions
(1) In the event of a vacancy in a position referred to in paragraph (2), the head of the department or agency having jurisdiction over the position shall consult with the Director of National Intelligence before appointing an individual to fill the vacancy or recommending to the President an individual to be nominated to fill the vacancy.
(2) Paragraph (1) applies to the following positions:
(A) The Director of the Defense Intelligence Agency.
(B) The Assistant Commandant of the Coast Guard for Intelligence.
(C) The Assistant Attorney General designated as the Assistant Attorney General for National Security under
(July 26, 1947, ch. 343, title I, §106, as added
Editorial Notes
Codification
Section was formerly classified to
Amendments
2019—
Subsec. (b)(2)(E).
Subsec. (b)(2)(F) to (H).
Subsec. (b)(2)(I).
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).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
§3041a. Director of the National Reconnaissance Office
(a) In general
There is a Director of the National Reconnaissance Office.
(b) Appointment
The Director of the National Reconnaissance Office shall be appointed by the President, by and with the advice and consent of the Senate.
(c) Functions and duties
The Director of the National Reconnaissance Office shall be the head of the National Reconnaissance Office and shall discharge such functions and duties as are provided by this chapter or otherwise by law or executive order.
(d) Advisory Board
(1) Establishment
There is established in the National Reconnaissance Office an advisory board (in this section referred to as the "Board").
(2) Duties
The Board shall—
(A) study matters relating to the mission of the National Reconnaissance Office, including with respect to promoting innovation, competition, and resilience in space, overhead reconnaissance, acquisition, and other matters; and
(B) advise and report directly to the Director with respect to such matters.
(3) Members
(A) Number and appointment
(i) In general
The Board shall be composed of five members appointed by the Director, in consultation with the Director of National Intelligence and the Secretary of Defense, from among individuals with demonstrated academic, government, business, or other expertise relevant to the mission and functions of the National Reconnaissance Office.
(ii) Notification
Not later than 30 days after the date on which the Director appoints a member to the Board, the Director shall notify the congressional intelligence committees and the congressional defense committees (as defined in
(B) Terms
Each member shall be appointed for a term of 2 years. Except as provided by subparagraph (C), a member may not serve more than three terms.
(C) Vacancy
Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office.
(D) Chair
The Board shall have a Chair, who shall be appointed by the Director from among the members.
(E) Travel expenses
Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of
(F) Executive secretary
The Director may appoint an executive secretary, who shall be an employee of the National Reconnaissance Office, to support the Board.
(4) Meetings
The Board shall meet not less than quarterly, but may meet more frequently at the call of the Director.
(5) Reports
Not later than March 31 of each year, the Board shall submit to the Director and to the congressional intelligence committees a report on the activities and significant findings of the Board during the preceding year.
(6) Nonapplicability of certain requirements
The Federal Advisory Committee Act (5 U.S.C. App.) 1 shall not apply to the Board.
(7) Termination
The Board shall terminate on September 30, 2024.
(July 26, 1947, ch. 343, title I, §106A, as added
Editorial Notes
References in Text
This chapter, referred to in subsec. (c), was in the original "this Act", meaning act July 26, 1947, ch. 343,
The Federal Advisory Committee Act, referred to in subsec. (d)(6), is
Amendments
2022—Subsec. (d)(3)(A)(i).
Subsec. (d)(7).
2019—Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date
"(a)
"(1) in the case of section 411—
"(A) the date of the first nomination by the President of an individual to serve as the Director of the National Reconnaissance Office that occurs on or after October 1, 2014; or
"(B) the date of the cessation of the performance of the duties of the Director of the National Reconnaissance Office by the individual performing such duties on October 1, 2014; and
"(2) in the case of section 412—
"(A) the date of the first nomination by the President of an individual to serve as the Inspector General of the National Reconnaissance Office that occurs on or after October 1, 2014; or
"(B) the date of the cessation of the performance of the duties of the Inspector General of the National Reconnaissance Office by the individual performing such duties on October 1, 2014.
"(b)
"(c)
Initial Appointments
Position of Importance and Responsibility
"(1)
"(2)
1 See References in Text note below.
§3042. Repealed. Pub. L. 116–92, div. E, title LXVII, §6742(b)(3), Dec. 20, 2019, 133 Stat. 2240
Section, act July 26, 1947, ch. 343, title I, §107, formerly §103,
§3043. 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 to Congress in classified form, but may include an unclassified summary.
(July 26, 1947, ch. 343, title I, §108, formerly §104, as added
Editorial Notes
Codification
Section was formerly classified to
Amendments
2019—Subsec. (c).
2016—Subsec. (c).
1999—Subsec. (a)(3).
Statutory Notes and Related Subsidiaries
National Security Planning Guidance To Deny Safe Havens to Al-Qaeda and Its Violent Extremist Affiliates
"(a)
"(b)
"(1)
"(2)
"(A) A prioritized list of specified geographic areas that the President determines are necessary to address and an explicit discussion and list of the criteria or rationale used to prioritize the areas on the list, including a discussion of the conditions that would hamper the ability of the United States to strengthen at-risk states or other entities in such areas.
"(B) For each specified geographic area, a description, analysis, and discussion of the core problems and contributing issues that allow or could allow al-Qaeda and its violent extremist affiliates to use the area as a safe haven from which to plan and launch attacks, engage in propaganda, or raise funds and other support, including any ongoing or potential radicalization of the population, or to use the area as a key transit route for personnel, weapons, funding, or other support.
"(C) For each specified geographic area, a description of the following:
"(i) The feasibility of conducting multilateral programs to train and equip the military forces of relevant countries in the area.
"(ii) The authority and funding that would be required to support such programs.
"(iii) How such programs would be implemented.
"(iv) How such programs would support the national security priorities and interests of the United States and complement other efforts of the United States Government in the area and in other specified geographic areas.
"(D) A list of short-term, mid-term, and long-term goals for each specified geographic area, prioritized by importance.
"(E) A description of the role and mission of each Federal department and agency involved in executing the guidance, including the Departments of Defense, Justice, Treasury, and State and the Agency for International Development.
"(F) A description of gaps in United States capabilities to meet the goals listed pursuant to subparagraph (D), and the extent to which those gaps can be met through coordination with nongovernmental, international, or private sector organizations, entities, or companies.
"(3)
"(A) The overall progress made toward achieving the goals listed pursuant to paragraph (2)(D), including an overall assessment of the progress in denying a safe haven to al-Qaeda and its violent extremist affiliates.
"(B) The performance of each Federal department and agency involved in executing the guidance.
"(C) The performance of the unified country team and appropriate combatant command, or in the case of a cross-border effort, country teams in the area and the appropriate combatant command.
"(D) Any addition to, deletion from, or change in the order of the prioritized list maintained pursuant to paragraph (2)(A).
"(4)
"(A)
"(B)
"(C)
"(i) the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]; and
"(ii) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
"(5)
"(A) that serves or may potentially serve as a safe haven for al-Qaeda or a violent extremist affiliate of al-Qaeda—
"(i) from which to plan and launch attacks, engage in propaganda, or raise funds and other support; or
"(ii) for use as a key transit route for personnel, weapons, funding, or other support; and
"(B) over which one or more governments or entities exert insufficient governmental or security control to deny al-Qaeda and its violent extremist affiliates the ability to establish a large scale presence."
Implementation Plan for Whole-of-Government Vision Prescribed in the National Security Strategy
"(a)
"(1) a description of ongoing and future actions planned to be taken by the President and the Executive agencies to implement organizational changes, programs, and any other efforts to achieve each component of the whole-of-government vision prescribed in the National Security Strategy;
"(2) a timeline for specific actions taken and planned to be taken by the President and the Executive agencies to implement each component of the whole-of-government vision prescribed in the National Security Strategy;
"(3) an outline of specific actions desired or required to be taken by Congress to achieve each component of the whole-of-government vision prescribed in the National Security Strategy, including suggested timing and sequencing of actions proposed for Congress and the Executive agencies;
"(4) any progress made and challenges or obstacles encountered since May 2010 in implementing each component of the whole-of-government vision prescribed in the National Security Strategy; and
"(5) such other information as the President determines is necessary to understand progress in implementing each component of the whole-of-government vision prescribed in the National Security Strategy.
"(b)
"(1) The term 'appropriate congressional committees' means—
"(A) the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives];
"(B) the Committee on Foreign Relations, Select Committee on Intelligence, Committee on Homeland Security and Government Affairs, Committee on the Budget, Committee on the Judiciary, and Committee on Appropriations in the Senate; and
"(C) the Committee on Foreign Affairs, Permanent Select Committee on Intelligence, Committee on Homeland Security, Committee on the Budget, Committee on the Judiciary, Committee on Oversight and Government Reform [now Committee on Oversight and Accountability], and Committee on Appropriations in the House of Representatives.
"(2) The term 'Executive agency' has the meaning given that term by
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
§3043a. National intelligence strategy
(a) In general
Beginning in 2017, and once every 4 years thereafter, the Director of National Intelligence shall develop a comprehensive national intelligence strategy to meet national security objectives for the following 4-year period, or a longer period, if appropriate.
(b) Requirements
Each national intelligence strategy required by subsection (a) shall—
(1) delineate a national intelligence strategy consistent with—
(A) the most recent national security strategy report submitted pursuant to
(B) the strategic plans of other relevant departments and agencies of the United States; and
(C) other relevant national-level plans;
(2) address matters related to national and military intelligence, including counterintelligence;
(3) identify the major national security missions that the intelligence community is currently pursuing and will pursue in the future to meet the anticipated security environment;
(4) describe how the intelligence community will utilize personnel, technology, partnerships, and other capabilities to pursue the major national security missions identified in paragraph (3);
(5) assess current, emerging, and future threats to the intelligence community, including threats from foreign intelligence and security services and insider threats;
(6) outline the organizational roles and missions of the elements of the intelligence community as part of an integrated enterprise to meet customer demands for intelligence products, services, and support;
(7) identify sources of strategic, institutional, programmatic, fiscal, and technological risk; and
(8) analyze factors that may affect the intelligence community's performance in pursuing the major national security missions identified in paragraph (3) during the following 10-year period.
(c) Submission to Congress
The Director of National Intelligence shall submit to the congressional intelligence committees a report on each national intelligence strategy required by subsection (a) not later than 45 days after the date of the completion of such strategy.
(July 26, 1947, ch. 343, title I, §108A, as added
§3043b. Annual reports on worldwide threats
(a) Definition of appropriate congressional committees
In this section, the term "appropriate congressional committees" means—
(1) the congressional intelligence committees; and
(2) the Committees on Armed Services of the House of Representatives and the Senate.
(b) Annual reports
Not later than the first Monday in February 2021, and each year thereafter, the Director of National Intelligence, in coordination with the heads of the elements of the intelligence community, shall submit to the appropriate congressional committees a report containing an assessment of the intelligence community with respect to worldwide threats to the national security of the United States.
(c) Form
Each report under subsection (b) shall be submitted in unclassified form, but may include a classified annex only for the protection of intelligence sources and methods relating to the matters contained in the report.
(d) Hearings
(1) Open hearings
Upon request by the appropriate congressional committees, the Director (and any other head of an element of the intelligence community determined appropriate by the committees in consultation with the Director) shall testify before such committees in an open setting regarding a report under subsection (b).
(2) Closed hearings
Any information that may not be disclosed during an open hearing under paragraph (1) in order to protect intelligence sources and methods may instead be discussed in a closed hearing that immediately follows such open hearing.
(July 26, 1947, ch. 343, title I, §108B, as added
§3044. Software licensing
(a) Requirement for inventories of software licenses
The chief information officer of each element of the intelligence community, in consultation with the Chief Information Officer of the Intelligence Community, shall biennially—
(1) conduct an inventory of all existing software licenses of such element, including utilized and unutilized licenses;
(2) assess the actions that could be carried out by such element to achieve the greatest possible economies of scale and associated cost savings in software procurement and usage, including—
(A) increasing the centralization of the management of software licenses;
(B) increasing the regular tracking and maintaining of comprehensive inventories of software licenses using automated discovery and inventory tools and metrics;
(C) analyzing software license data to inform investment decisions; and
(D) providing appropriate personnel with sufficient software licenses management training; and
(3) submit to the Chief Information Officer of the Intelligence Community each inventory required by paragraph (1) and each assessment required by paragraph (2).
(b) Inventories by the Chief Information Officer of the Intelligence Community
The Chief Information Officer of the Intelligence Community, based on the inventories and assessments required by subsection (a), shall biennially—
(1) compile an inventory of all existing software licenses of the intelligence community, including utilized and unutilized licenses;
(2) assess the actions that could be carried out by the intelligence community to achieve the greatest possible economies of scale and associated cost savings in software procurement and usage, including—
(A) increasing the centralization of the management of software licenses;
(B) increasing the regular tracking and maintaining of comprehensive inventories of software licenses using automated discovery and inventory tools and metrics;
(C) analyzing software license data to inform investment decisions; and
(D) providing appropriate personnel with sufficient software licenses management training; and
(3) based on the assessment required under paragraph (2), make such recommendations with respect to software procurement and usage to the Director of National Intelligence as the Chief Information Officer considers appropriate.
(c) Reports to Congress
The Chief Information Officer of the Intelligence Community shall submit to the congressional intelligence committees a copy of each inventory compiled under subsection (b)(1).
(d) Implementation of recommendations
Not later than 180 days after the date on which the Director of National Intelligence receives recommendations from the Chief Information Officer of the Intelligence Community in accordance with subsection (b)(3), the Director of National Intelligence shall, to the extent practicable, issue guidelines for the intelligence community on software procurement and usage based on such recommendations.
(July 26, 1947, ch. 343, title I, §109, as added
Editorial Notes
Prior Provisions
A prior section 3044, act July 26, 1947, ch. 343, title I, §109, as added
Amendments
2014—Subsec. (a)(2).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Initial Inventory
"(1)
"(A)
"(B)
"(2)
[For definition of "intelligence community" as used in section 307(b) of
§3045. 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).
(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
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 110 of title I of act July 26, 1947, ch. 343, was classified to
Amendments
2004—Subsec. (b).
Subsec. (c).
2003—
Subsec. (a).
Subsecs. (b), (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
Research Partnership on Activities of People's Republic of China
"(a)
"(1)
"(A) carry out joint unclassified geospatial intelligence analyses of the activities of the People's Republic of China that pose risks to the national security interests of the United States; and
"(B) make available on a publicly available internet website unclassified geospatial intelligence products relating to such analyses.
"(2)
"(A) Any notable developments relating to the global activities of the People's Liberation Army Ground Force, the People's Liberation Army Navy, the People's Liberation Army Air Force, the People's Liberation Army Rocket Force, the People's Liberation Army Strategic Support Force, and the Chinese People's Armed Police Force Coast Guard Corps.
"(B) Infrastructure projects associated with the 'One Belt, One Road' Initiative.
"(C) Maritime land reclamation activities conducted by China in the South China Sea, the Indian Ocean region, and the broader maritime commons.
"(D) Matters relevant to global public health and climate security, including—
"(i) indications and warnings of disease outbreaks with pandemic potential;
"(ii) the activities of China likely contributing to climate change; and
"(iii) any environmental degradation directly resulting from the practices of China.
"(3)
"(A) one research institution; or
"(B) a consortium of research institutions if the Director determines that the inclusion of multiple institutions will result in more effective research conducted pursuant to this section or improve the outcomes of such research.
"(4)
"(5)
"(A) the Director consults with the congressional intelligence committees with respect to the proposed modified or new partnership;
"(B) the modified or new partnership is carried out in accordance with this section; and
"(C) the Director determines that the modified or new partnership will result in more effective research conducted pursuant to this section or improve the outcomes of such research.
"(b)
"(1)
"(A) identify raw, unclassified geospatial data that could improve the research conducted under the partnership if the data was made publicly available; and
"(B) make such data publicly available.
"(2)
"(c)
"(1) The outcomes of research conducted under the partnership.
"(2) Identification of the actions that have been taken to increase the quantity and quality of unclassified geospatial analysis products made publicly available under the partnership, including the quantity and types of raw data the partnership has made publicly available.
"(3) Identification of actual and projected costs to carry out the partnership.
"(d)
"(1) the congressional intelligence committees [Select Committee on Intelligence and Committee on Appropriations of the Senate and Permanent Select Committee on Intelligence and Committee on Appropriations of the House of Representatives];
"(2) Committee on Foreign Relations and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and
"(3) Committee on Foreign Affairs and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives."
§3046. 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
Editorial Notes
Codification
Section was formerly classified to
Statutory Notes and Related Subsidiaries
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
§3047. 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
Editorial Notes
Codification
Section was formerly classified to
Amendments
2019—Subsec. (c)(1).
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).
Statutory Notes and Related Subsidiaries
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
§3048. 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) may be authorized any benefit, allowance, travel, or incentive otherwise provided to enhance staffing by the organization from which the employee is detailed.
(2) The head of an agency of an employee detailed under subsection (a) may pay a lodging allowance for the employee subject to the following conditions:
(A) The allowance shall be the lesser of the cost of the lodging or a maximum amount payable for the lodging as established jointly by the Director of National Intelligence and—
(i) with respect to detailed employees of the Department of Defense, the Secretary of Defense; and
(ii) with respect to detailed employees of other agencies and departments, the head of such agency or department.
(B) The detailed employee maintains a primary residence for the 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
Editorial Notes
References in Text
GS–15 of the General Schedule, referred to in subsec. (b)(2)(F), is set out under
Codification
Section was formerly classified to
Amendments
2004—Subsec. (b)(2)(A).
2002—Subsec. (c).
2001—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
Effective Date
§3049. Non-reimbursable detail of other personnel
An officer or employee of the United States or member of the Armed Forces may be detailed to the staff of an element of the intelligence community funded through the National Intelligence Program from another element of the intelligence community or from another element of the United States Government on a non-reimbursable basis, as jointly agreed to by the heads of the receiving and detailing elements, for a period not to exceed three years. This section does not limit any other source of authority for reimbursable or non-reimbursable details. A non-reimbursable detail made under this section shall not be considered an augmentation of the appropriations of the receiving element of the intelligence community.
(July 26, 1947, ch. 343, title I, §113A, as added
Editorial Notes
Codification
Section was formerly classified to
Amendments
2013—
2011—
§3049a. Special pay authority for science, technology, engineering, or mathematics positions and positions requiring banking or financial services expertise
(a) Special rates of pay for positions requiring expertise in science, technology, engineering, or mathematics or in banking or financial services
(1) In general
Notwithstanding part III of title 5, the head of each element of the intelligence community may, for one or more categories of positions in such element that require expertise in science, technology, engineering, or mathematics or in banking or financial services (including expertise relating to critical financial infrastructure operations, capital markets, banking compliance programs, or international investments)—
(A) establish higher minimum rates of pay; and
(B) make corresponding increases in all rates of pay of the pay range for each grade or level, subject to subsection (b) or (c), as applicable.
(2) Limitation on number of recipients
For each element of the intelligence community, the number of individuals serving in a position in such element who receive a higher rate of pay established or increased under paragraph (1) may not, at any time during a given fiscal year, exceed 50 individuals or 5 percent of the total number of full-time equivalent positions authorized for such element for the preceding fiscal year, whichever is greater.
(3) Treatment
The special rate supplements resulting from the establishment of higher rates under paragraph (1) shall be basic pay for the same or similar purposes as those specified in
(b) Special rates of pay for cyber positions
(1) In general
Notwithstanding subsection (c), the Director of the National Security Agency may establish a special rate of pay—
(A) not to exceed the rate of basic pay payable for level II of the Executive Schedule under
(B) not to exceed the rate of basic pay payable for the Vice President of the United States under
(2) Pay limitation
Employees receiving a special rate under paragraph (1) shall be subject to an aggregate pay limitation that parallels the limitation established in
(A) any allowance, differential, bonus, award, or other similar cash payment in addition to basic pay that is authorized under title 10 (or any other applicable law in addition to title 5, excluding the Fair Labor Standards Act of 1938 (
(B) aggregate compensation may not exceed the rate established for the Vice President of the United States under
(3) Limitation on number of recipients
The number of individuals who receive basic pay established under paragraph (1)(B) may not exceed 100 at any time.
(4) Limitation on use as comparative reference
Notwithstanding any other provision of law, special rates of pay and the limitation established under paragraph (1)(B) may not be used as comparative references for the purpose of fixing the rates of basic pay or maximum pay limitations of qualified positions under
(c) Maximum special rate of pay
Except as provided in subsection (b), a minimum rate of pay established for a category of positions under subsection (a) may not exceed the maximum rate of basic pay (excluding any locality-based comparability payment under
(d) Notification of removal from special rate of pay
If the head of an element of the intelligence community removes a category of positions from coverage under a rate of pay authorized by subsection (a) or (b) after that rate of pay takes effect—
(1) the head of such element shall provide notice of the loss of coverage of the special rate of pay to each individual in such category; and
(2) the loss of coverage will take effect on the first day of the first pay period after the date of the notice.
(e) Revision of special rates of pay
Subject to the limitations in this section, rates of pay established under this section by the head of an element of the intelligence community may be revised from time to time by the head of such element and the revisions have the force and effect of statute.
(f) Regulations
The head of each element of the intelligence community shall promulgate regulations to carry out this section with respect to such element, which shall, to the extent practicable, be comparable to the regulations promulgated to carry out
(g) Reports
(1) Requirement for reports
Not later than 90 days after the date of the enactment of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018 and 2019,1 the head of each element of the intelligence community shall submit to the congressional intelligence committees a report on any rates of pay established for such element under this section.
(2) Contents
Each report required by paragraph (1) shall contain for each element of the intelligence community—
(A) a description of any rates of pay established under subsection (a) or (b); and
(B) the number of positions in such element that will be subject to such rates of pay.
(July 26, 1947, ch. 343, title I, §113B, as added
Editorial Notes
References in Text
The Fair Labor Standards Act of 1938, referred to in subsec. (b)(2)(A), is act June 25, 1938, ch. 676,
The date of the enactment of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018 and 2019, referred to in subsec. (g)(1), probably means the date of the enactment of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020, div. E of
Amendments
2023—
Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2), (3).
Subsec. (e).
2022—Subsec. (b)(1)(A).
Subsec. (b)(4).
2019—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsecs. (e), (f).
Subsec. (g).
Subsec. (g)(1).
Subsec. (g)(2)(A).
1 See References in Text note below.
§3050. Annual report on hiring and retention of minority employees
(a) In general
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 and the preceding 5 fiscal years.
(b) Content
Each such report shall include data, disaggregated by category of covered person and by element of the intelligence community, on the following:
(1) Of all individuals employed in the element during the fiscal year involved, the aggregate percentage of such individuals who are covered persons.
(2) Of all individuals employed in the element during the fiscal year involved at the levels referred to in subparagraphs (A) and (B), the percentage of covered persons employed at such levels:
(A) Positions at levels 1 through 15 of the General Schedule.
(B) Positions at levels above GS–15.
(3) Of all individuals hired by the element involved during the fiscal year involved, the percentage of such individuals who are covered persons.
(c) Form
Each such report shall be submitted in unclassified form, but may contain a classified annex.
(d) Construction
Nothing in this section shall be construed as providing for the substitution of any similar report required under another provision of law.
(e) "Covered persons" defined
In this section the term "covered persons" means—
(1) racial and ethnic minorities;
(2) women; and
(3) individuals with disabilities.
(July 26, 1947, ch. 343, title I, §114, as added
Editorial Notes
References in Text
The General Schedule, referred to in subsec. (b)(2), is set out under
Codification
Section was formerly classified to
Amendments
2019—Subsec. (a).
Subsec. (b).
2014—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
2013—
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).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
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 definitions of terms used in section 335 of
Date for First Report on Cooperation With Civilian Law Enforcement Agencies
§3051. 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
Editorial Notes
Codification
Section was formerly classified to
Statutory Notes and Related Subsidiaries
Correcting Long-Standing Material Weaknesses
§3052. 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
Editorial Notes
Codification
Section was formerly classified to
Amendments
2004—Subsec. (a)(1).
Subsec. (b).
Subsec. (c)(1)(B).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
§3053. 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
Editorial Notes
Codification
Section was formerly classified to
Amendments
2010—Subsec. (b).
2004—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
§3054. 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
Editorial Notes
Codification
Section was formerly classified to
Amendments
2004—Subsec. (a)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
§3055. Annual report on financial intelligence on terrorist assets
(a) Annual report
On an annual basis, the Secretary of the Treasury (acting through the head of the Office of Intelligence Support) shall submit a report to the appropriate congressional committees that fully informs the committees concerning operations against terrorist financial networks. Each such report shall include with respect to the preceding one-year period—
(1) the total number of asset seizures, designations, and other actions against individuals or entities found to have engaged in financial support of terrorism;
(2) the total number of physical searches of offices, residences, or financial records of individuals or entities suspected of having engaged in financial support for terrorist activity; and
(3) whether the financial intelligence information seized in these cases has been shared on a full and timely basis with the all departments, agencies, and other entities of the United States Government involved in intelligence activities participating in the Foreign Terrorist Asset Tracking Center.
(b) Immediate notification for emergency designation
In the case of a designation of an individual or entity, or the assets of an individual or entity, as having been found to have engaged in terrorist activities, the Secretary of the Treasury shall report such designation within 24 hours of such a designation to the appropriate congressional committees.
(c) Submittal date of reports to congressional intelligence committees
In the case of the reports required to be submitted under subsection (a) to the congressional intelligence committees, the submittal dates for such reports shall be as provided in
(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
Editorial Notes
Codification
Section was formerly classified to
Amendments
2022—Subsec. (a).
2010—
Subsec. (a).
Subsec. (a)(2) to (4).
Subsec. (d)(1), (2).
§3056. 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
Editorial Notes
Codification
Section was formerly classified to
Amendments
2010—Subsec. (c)(2)(B).
Statutory Notes and Related Subsidiaries
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 Documents
Executive Order No. 13354
Ex. Ord. No. 13354, Aug. 27, 2004, 69 F.R. 53589, which established a National Counterterrorism Center, was revoked by Ex. Ord. No. 12333, §3.6, Dec. 4, 1981, 46 F.R. 59954, as amended by Ex. Ord. No. 13470, §4(j), July 30, 2008, 73 F.R. 45341, set out as a note under
§3057. National Counterproliferation and Biosecurity Center
(a) Establishment
(1) The President shall establish a National Counterproliferation and Biosecurity Center, taking into account all appropriate government tools to—
(A) prevent and halt the proliferation of weapons of mass destruction, their delivery systems, and related materials and technologies; and
(B) lead integration and mission management of all intelligence activities pertaining to biosecurity and foreign biological threats.
(2) The head of the National Counterproliferation and Biosecurity Center shall be the Director of the National Counterproliferation and Biosecurity Center, who shall be appointed by the Director of National Intelligence.
(3) The National Counterproliferation and Biosecurity Center shall be located within the Office of the Director of National Intelligence.
(4) The Director of the National Counterproliferation and Biosecurity Center shall serve as the principal coordinator for the intelligence community, and as the principal advisor to the Director of National Intelligence, with respect to biosecurity and foreign biological threats.
(b) Missions and objectives
(1) Counterproliferation
In establishing the National Counterproliferation and Biosecurity 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:
(A) 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.
(B) Ensuring that appropriate agencies have full access to and receive all-source intelligence support needed to execute their counterproliferation plans or activities, and perform independent, alternative analyses.
(C) 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.
(D) Disseminating proliferation information, including proliferation threats and analyses, to the President, to the appropriate departments and agencies, and to the appropriate committees of Congress.
(E) Conducting net assessments and warnings about the proliferation of weapons of mass destruction, their delivery systems, and related materials and technologies.
(F) Coordinating counterproliferation 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.
(G) Conducting strategic operational counterproliferation 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.
(2) Biosecurity
In establishing the National Counterproliferation and Biosecurity Center, the President shall address the following missions and objectives to ensure that the Center serves as the lead for the intelligence community for the integration, mission management, and coordination of intelligence activities pertaining to biosecurity and foreign biological threats, regardless of origin:
(A) Ensuring that the elements of the intelligence community provide timely and effective warnings to the President and the Director of National Intelligence regarding emerging foreign biological threats, including diseases with pandemic potential.
(B) Overseeing and coordinating the collection and analysis of intelligence on biosecurity and foreign biological threats in support of the intelligence needs of the Federal departments and agencies responsible for public health, including by conveying collection priorities to elements of the intelligence community.
(C) Coordinating intelligence support to the Federal departments and agencies responsible for public health, including by ensuring that intelligence pertaining to biosecurity and foreign biological threats is disseminated among appropriately cleared personnel of such departments and agencies.
(D) Coordinating with the Federal departments and agencies responsible for public health to encourage information sharing with the intelligence community.
(E) Identifying gaps in the capabilities of the intelligence community regarding biosecurity and countering foreign biological threats and providing to the Director of National Intelligence recommended solutions for such gaps, including by encouraging research and development of new capabilities to counter foreign biological threats.
(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) are being met.
(d) Report to Congress
(1) Not later than nine months after the implementation of this chapter, 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 Counterproliferation and Biosecurity Center.
(2) If the President decides not to exercise the waiver authority granted by subsection (c), the President shall submit to Congress from time to time updates and plans regarding the establishment of a National Counterproliferation and Biosecurity Center.
(e) Sense of Congress
It is the sense of Congress that a central feature of counterproliferation 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
Editorial Notes
References in Text
This chapter, referred to in subsec. (d)(1), was in the original "this Act", meaning act July 26, 1947, ch. 343,
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
Codification
Section was formerly classified to
Amendments
2022—
Subsec. (a)(1).
Subsec. (a)(4).
Subsec. (b).
2010—Subsec. (a).
Statutory Notes and Related Subsidiaries
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
Reference to National Counter Proliferation Center
Executive Documents
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
§3058. 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) has appropriate authority, direction, and control of such center, and of the personnel assigned to such center, to carry out the assigned mission of such center.
(2) The Director of National Intelligence shall ensure that each national intelligence center has appropriate personnel to accomplish effectively the mission of such center.
(c) Information sharing
The Director of National Intelligence shall, to the extent appropriate and practicable, ensure that each national intelligence center under subsection (a) and the other elements of the intelligence community share information in order to facilitate the mission of such center.
(d) Mission of centers
Pursuant to the direction of the Director of National Intelligence, each national intelligence center under subsection (a) may, in the area of intelligence responsibility assigned to such center—
(1) have primary responsibility for providing all-source analysis of intelligence based upon intelligence gathered both domestically and abroad;
(2) have primary responsibility for identifying and proposing to the Director of National Intelligence intelligence collection and analysis and production requirements; and
(3) perform such other duties as the Director of National Intelligence shall specify.
(e) Review and modification of centers
The Director of National Intelligence shall determine on a regular basis whether—
(1) the area of intelligence responsibility assigned to each national intelligence center under subsection (a) continues to meet appropriate intelligence priorities; and
(2) the staffing and management of such center remains appropriate for the accomplishment of the mission of such center.
(f) Termination
The Director of National Intelligence may terminate any national intelligence center under subsection (a).
(g) Separate budget account
The Director of National Intelligence shall, as appropriate, include in the National Intelligence Program budget a separate line item for each national intelligence center under subsection (a).
(July 26, 1947, ch. 343, title I, §119B, as added
Editorial Notes
Codification
Section was formerly classified to
Statutory Notes and Related Subsidiaries
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
§3059. Foreign Malign Influence Center
(a) Establishment
There is within the Office of the Director of National Intelligence a Foreign Malign Influence Center (in this section referred to as the "Center").
(b) Functions and composition
The Center shall—
(1) be comprised of analysts from all elements of the intelligence community, including elements with diplomatic and law enforcement functions;
(2) have access to all intelligence and other reporting possessed or acquired by the United States Government pertaining to foreign malign influence;
(3) serve as the primary organization in the United States Government for analyzing and integrating all intelligence possessed or acquired by the United States Government pertaining to foreign malign influence; and
(4) provide to employees and officers of the Federal Government in policy-making positions and Congress comprehensive assessments, and indications and warnings, of foreign malign influence.
(c) Director
(1) Appointment
There is a Director of the Center, who shall be the head of the Center, and who shall be appointed by the Director of National Intelligence.
(2) Role
The Director of the Center shall—
(A) report directly to the Director of National Intelligence;
(B) carry out the functions under subsection (b); and
(C) at the request of the President or the Director of National Intelligence, develop and provide recommendations for potential responses by the United States to foreign malign influence.
(d) Annual reports
(1) In general
In addition to the matters submitted pursuant to subsection (b)(4), at the direction of the Director of National Intelligence, but not less than once each year, the Director of the Center shall submit to the congressional intelligence committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report on foreign malign influence.
(2) Matters included
Each report under paragraph (1) shall include, with respect to the period covered by the report, a discussion of the following:
(A) The most significant activities of the Center.
(B) Any recommendations the Director determines necessary for legislative or other actions to improve the ability of the Center to carry out its functions, including recommendations regarding the protection of privacy and civil liberties.
(e) Termination
After December 31, 2028, the Director of National Intelligence may terminate the Center, but only if the Director of National Intelligence submits to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives a determination that the termination of the Center is appropriate, which includes—
(1) a detailed description that other offices or entities within the intelligence community—
(A) have the capabilities to perform the functions of the Center; and
(B) will exercise the functions of the Center upon the termination of the Center; and
(2) a detailed description of—
(A) the actions the Director of National Intelligence will take to conduct an orderly wind-down of the activities of the Center; and
(B) the proposed timeline for such actions.
(f) Definitions
In this section:
(1) Covered foreign country
The term "covered foreign country" means the following:
(A) The Russian Federation.
(B) The Islamic Republic of Iran.
(C) The Democratic People's Republic of Korea.
(D) The People's Republic of China.
(E) Any other foreign country that the Director of the Center determines appropriate for purposes of this section.
(2) Foreign malign influence
The term "foreign malign influence" means any hostile effort undertaken by, at the direction of, or on behalf of or with the substantial support of, the government of a covered foreign country with the objective of influencing, through overt or covert means—
(A) the political, military, economic, or other policies or activities of the United States Government or State or local governments, including any election within the United States; or
(B) the public opinion within the United States.
(July 26, 1947, ch. 343, title I, §119C, as added
Editorial Notes
Amendments
2022—
Subsec. (a).
Subsecs. (e), (f).
Statutory Notes and Related Subsidiaries
Reference to Foreign Malign Influence Response Center
§3060. Climate Security Advisory Council
(a) Establishment
The Director of National Intelligence shall establish a Climate Security Advisory Council for the purpose of—
(1) assisting intelligence analysts of various elements of the intelligence community with respect to analysis of climate security and its impact on the areas of focus of such analysts;
(2) facilitating coordination between the elements of the intelligence community and elements of the Federal Government that are not elements of the intelligence community in collecting data on, and conducting analysis of, climate change and climate security; and
(3) ensuring that the intelligence community is adequately prioritizing climate change in carrying out its activities.
(b) Composition of Council
(1) Members
The Council shall be composed of the following individuals appointed by the Director of National Intelligence:
(A) An appropriate official from the National Intelligence Council, who shall chair the Council.
(B) The lead official with respect to climate and environmental security analysis from—
(i) the Central Intelligence Agency;
(ii) the Bureau of Intelligence and Research of the Department of State;
(iii) the National Geospatial-Intelligence Agency;
(iv) the Office of Intelligence and Counterintelligence of the Department of Energy;
(v) the Office of the Under Secretary of Defense for Intelligence and Security; and
(vi) the Defense Intelligence Agency.
(C) Three appropriate officials from elements of the Federal Government that are not elements of the intelligence community that are responsible for—
(i) providing decision makers with a predictive understanding of the climate;
(ii) making observations of our Earth system that can be used by the public, policymakers, and to support strategic decisions; or
(iii) coordinating Federal research and investments in understanding the forces shaping the global environment, both human and natural, and their impacts on society.
(D) Any other officials as the Director of National Intelligence or the chair of the Council may determine appropriate.
(2) Responsibilities of chair
The chair of the Council shall have responsibility for—
(A) identifying agencies to supply individuals from elements of the Federal Government that are not elements of the intelligence community;
(B) securing the permission of the relevant agency heads for the participation of such individuals on the Council; and
(C) any other duties that the Director of National Intelligence may direct.
(c) Duties and responsibilities of Council
The Council shall carry out the following duties and responsibilities:
(1) To meet at least quarterly to—
(A) exchange appropriate data between elements of the intelligence community and elements of the Federal Government that are not elements of the intelligence community;
(B) discuss processes for the routine exchange of such data and implementation of such processes; and
(C) prepare summaries of the business conducted at each meeting.
(2) To assess and determine best practices with respect to the analysis of climate security, including identifying publicly available information and intelligence acquired through clandestine means that enables such analysis.
(3) To assess and identify best practices with respect to prior efforts of the intelligence community to analyze climate security.
(4) To assess and describe best practices for identifying and disseminating climate intelligence indications and warnings.
(5) To recommend methods of incorporating analysis of climate security and the best practices identified under paragraphs (2) through (4) into existing analytic training programs.
(6) To consult, as appropriate, with other elements of the intelligence community that conduct analysis of climate change or climate security and elements of the Federal Government that are not elements of the intelligence community that conduct analysis of climate change or climate security, for the purpose of sharing information about ongoing efforts and avoiding duplication of existing efforts.
(7) To work with elements of the intelligence community that conduct analysis of climate change or climate security and elements of the Federal Government that are not elements of the intelligence community that conduct analysis of climate change or climate security—
(A) to exchange appropriate data between such elements, establish processes, procedures and practices for the routine exchange of such data, discuss the implementation of such processes; and
(B) to enable and facilitate the sharing of findings and analysis between such elements.
(8) To assess whether the elements of the intelligence community that conduct analysis of climate change or climate security may inform the research direction of academic work and the sponsored work of the United States Government.
(9) At the discretion of the chair of the Council, to convene conferences of analysts and nonintelligence community personnel working on climate change or climate security on subjects that the chair shall direct.
(d) Annual report
(1) Requirement
Not later than January 31, 2021, and not less frequently than annually thereafter, the chair of the Council shall submit, on behalf of the Council, to the congressional intelligence committees a report describing the activities of the Council as described in subsection (c) during the year preceding the year during which the report is submitted.
(2) Matters included
Each report under paragraph (1) shall include a description of any obstacles or gaps relating to—
(A) the Council fulfilling its duties and responsibilities under subsection (c); or
(B) the responsiveness of the intelligence community to the climate security needs and priorities of the policymaking elements of the Federal Government.
(e) Sunset
The Council shall terminate on December 31, 2024.
(f) Definitions
In this section:
(1) Climate security
The term "climate security" means the effects of climate change on the following:
(A) The national security of the United States, including national security infrastructure.
(B) Subnational, national, and regional political stability.
(C) The security of allies and partners of the United States.
(D) Ongoing or potential political violence, including unrest, rioting, guerrilla warfare, insurgency, terrorism, rebellion, revolution, civil war, and interstate war.
(2) Climate intelligence indications and warnings
The term "climate intelligence indications and warnings" means developments relating to climate security with the potential to—
(A) imminently and substantially alter the political stability or degree of human security in a country or region; or
(B) imminently and substantially threaten—
(i) the national security of the United States;
(ii) the military, political, or economic interests of allies and partners of the United States; or
(iii) citizens of the United States abroad.
(July 26, 1947, ch. 343, title I, §120, as added
Editorial Notes
Amendments
2023—Subsec. (e).
2022—Subsec. (b)(1)(B)(v).
Subsec. (d).
Subsec. (e).
Subsec. (f).
2020—Subsec. (c)(4).
Subsecs. (d), (e).
Statutory Notes and Related Subsidiaries
Initial Appointments
§3061. Counterintelligence and national security protections for intelligence community grant funding
(a) Disclosure as condition for receipt of grant
The head of an element of the intelligence community may not award a grant to a person or entity unless the person or entity has certified to the head of the element that the person or entity has disclosed to the head of the element any material financial or material in-kind support that the person or entity knows, or should have known, derives from the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, or the Republic of Cuba, during the 5-year period ending on the date of the person or entity's application for the grant.
(b) Process for review of grant applicants prior to award
(1) In general
The head of an element of the intelligence community may not award a grant to a person or entity who submitted a certification under subsection (a) until such certification is received by the head of an element of the intelligence community and submitted to the Director of National Intelligence pursuant to the process set forth in paragraph (2).
(2) Process
(A) In general
The Director of National Intelligence, in coordination with such heads of elements of the intelligence community as the Director considers appropriate, shall establish a process to review the awarding of a grant to an applicant who submitted a certification under subsection (a).
(B) Elements
The process established under subparagraph (A) shall include the following:
(i) The immediate transmission of a copy of each applicant's certification made under subsection (a) to the Director of National Intelligence.
(ii) The review of the certification and any accompanying disclosures submitted under subsection (a) as soon as practicable.
(iii) Authorization for the heads of the elements of the intelligence community to take such actions as may be necessary, including denial or revocation of a grant, to ensure a grant does not pose an unacceptable risk of—
(I) misappropriation of United States intellectual property, research and development, and innovation efforts; or
(II) other counterintelligence threats.
(c) Annual report required
Not later than 1 year after December 23, 2022, and not less frequently than once each year thereafter, the Director of National Intelligence shall submit to the congressional intelligence committees an annual report identifying the following for the 1-year period covered by the report:
(1) The number of applications for grants received by each element of the intelligence community.
(2) The number of such applications that were reviewed using the process established under subsection (b)(2), disaggregated by element of the intelligence community.
(3) The number of such applications that were denied and the number of grants that were revoked, pursuant to the process established under subsection (b)(2), disaggregated by element of the intelligence community.
(July 26, 1947, ch. 343, title I, §121, as added
Statutory Notes and Related Subsidiaries
Effective Date
[For definition of "intelligence community" as used in section 6302(b) of
§3062. Office of Engagement
(a) Establishment
There is within the Office of the Director of National Intelligence an Office of Engagement (in this section referred to as the "Office").
(b) Head; staff
(1) Head
The Director of National Intelligence shall appoint as head of the Office an individual with requisite experience in matters relating to the duties of the Office, as determined by the Director of National Intelligence. Such head of the Office shall report directly to the Director of National Intelligence.
(2) Staff
To assist the head of the Office in fulfilling the duties of the Office, the head shall employ full-time equivalent staff in such number, and with such requisite expertise in matters relating to such duties, as may be determined by the head.
(c) Duties
The duties of the Office shall be as follows:
(1) To ensure coordination across the elements of the intelligence community efforts regarding outreach, relationship development, and associated knowledge and relationship management, with covered entities, consistent with the protection of intelligence sources and methods.
(2) To assist in sharing best practices regarding such efforts among the elements of the intelligence community.
(3) To establish and implement metrics to assess the effectiveness of such efforts.
(d) Covered entity defined
In this section, the term "covered entity" means an entity that is not an entity of the United States Government, including private sector companies, institutions of higher education, trade associations, think tanks, laboratories, international organizations, and foreign partners and allies.
(July 26, 1947, ch. 343, title I, §122, as added
Statutory Notes and Related Subsidiaries
Rule of Construction
[For definition of "intelligence community" as used in section 7503(e) of